Can you work with an ICT card in other European countries?

In a time when political debates about migration are often characterized by defensiveness and limitations, a crucial group is frequently overlooked: the highly skilled professionals and managers who are already part of the European Economic Area . It is a paradox of the modern working world that data travels around the globe in milliseconds, while a specialized engineer or an experienced manager faces bureaucratic hurdles as soon as their company wants to transfer them from a branch in Madrid to Munich. The much-discussed skills shortage is often portrayed in Germany as a stroke of fate, but the truth is that the legal obstacles to cross-border mobility within the EU for third-country nationals continue to be a significant impediment to economic growth. In our daily practice, we observe that companies lose valuable time and innovative capacity because the legal framework for intra-company transfers is often more complex than it should be in the interest of a unified economic area.

The legal framework for intra-group transfers

Specialists and managers who already possess an ICT card (Intra-Corporate Transfer) from another EU member state often feel secure. However, German immigration law strictly distinguishes between short-term mobility and long-term residence. While short-term assignments only require notification, the law mandates a specific legal basis for stays exceeding 90 days. This is where the so-called Mobile ICT Card, as defined in Section 19b of the German Residence Act (AufenthG), comes into focus. This section serves as a gateway for talent already established within the EU who are now expected to contribute to the German market. While we generally welcome the creation of this specific regulation, we criticize the often sluggish digital implementation within the administration, which undermines the spirit of EU Directive 2014/66/EU .

The 20-day rule as a crucial lever for work permits

A critical point that many companies and expats underestimate is the precise timing of the application. While German law offers a pragmatic solution, it is tied to strict deadlines. If the application for a Mobile ICT card is submitted at least 20 days before the planned start of the stay in Germany, a valuable legal fiction applies. Provided the residence permit from the other EU member state remains valid, both the stay and the intended employment are considered permitted for up to 90 days within a 180-day period, even before the immigration authorities have made a final decision. This regulation is essential for business planning security. However, we repeatedly observe that communication between the authorities of the member states and the German immigration authorities often stems from an analog era, which can place those affected in a legal gray area if the 20-day deadline is missed.

Strategic paths through the bureaucratic jungle

Theoretically, the company and the employee have two options for submitting an application: going directly to the local immigration office or using the BSCW server of the Federal Office for Migration and Refugees (BAMF). While the latter sounds like modern digitalization of migration administration, in reality it is often just a forwarding point. The BAMF acts as a central office, receiving the application and forwarding it to the responsible immigration office. We strongly advise our clients not to leave this process to chance, as jurisdictional issues between the authorities often lead to significant delays. In an era where Germany is competing globally for the brightest minds, this bureaucratic fragmentation is a competitive disadvantage. True digitalization would have to enable immediate, automated processing, instead of merely providing digital mailboxes for analog ways of thinking.

A plea for genuine mobility and less bureaucracy

From the perspective of a highly qualified professional , it is difficult to understand why, within the European Union, a lengthy procedure must be completed again in Germany despite already having a verified status in the first country. The Mobile ICT Card should not be an obstacle course, but rather an automatic right to work for those who have already demonstrated their qualifications. We believe policymakers have a responsibility to further simplify mobility within the EU. The right under Section 19b of the German Residence Act (AufenthG) is a step in the right direction, but its practical application suffers from the patchwork of regulations across Germany's immigration authorities. For those affected, this means that anyone who applies too late or fails to meticulously meet the formal requirements risks illegal residence and significant penalties for their company.

Conclusion

In summary, the Mobile ICT Card is the central instrument for the long-term intra-corporate transfer of third-country nationals from the EU to Germany. Adherence to the 20-day waiting period before entry is the most important strategic element to ensure a seamless start to employment through the legal presumption of permission. Nevertheless, the procedure remains prone to errors and bureaucratically demanding. Successful migration of skilled workers must not fail due to a lack of interfaces between authorities.

How we as a law firm can support Visaguard

As a specialized law firm for visa law, we handle the entire Mobile ICT card application process for your company and your employees. We check deadlines, prepare legally compliant applications, and communicate directly with the Federal Office for Migration and Refugees (BAMF) and the relevant immigration authorities. With our expertise in immigration law, we ensure that your skilled workers arrive exactly where they are needed: at the project site, not stuck in limbo.

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