What needs to be considered when applying for the ICT card?

In a globally networked economy, talent mobility is no longer a luxury, but a strategic necessity. It's about legal certainty within a bureaucratic thicket. While the theory of internal corporate mobility sounds straightforward, in practice in Germany, it often encounters a hurdle that catches many HR departments and expats unprepared: the Federal Employment Agency's strict abuse prevention checks. Those who view the ICT card as a mere administrative act risk not only rejections but also jeopardize entire project timelines. As a law firm, we repeatedly see that the details of operational implementation are crucial to the success of an international assignment.

The foundation of the ICT map: Legal basis and categories

The ICT card (Intra-Corporate Transfer) is the specialized residence permit for third-country nationals who are transferred to Germany within the same company or group of companies. We owe its existence to the EU Directive 2014/66/EU, which has been transposed into German law and is now primarily enshrined in Section 19 of the Residence Act (AufenthG) . This regulation is a clear commitment to promoting global mobility within the EU. EU .

For a transfer to fall under this paragraph, the receiving branch in Germany must conduct genuine business activity. Three groups are distinguished: managers, specialists, and trainees. Each of these categories is precisely defined by law. A key requirement according to Section 19 Paragraph 2 Sentence 1 No. 2 of the German Residence Act (AufenthG) is that the employee must have been continuously employed by the company for at least six months immediately prior to the transfer. Furthermore, the duration of the The posting must last more than 90 days (§ 19 para. 2 sentence 1 no. 3 of the German Residence Act). While managers and specialists can stay in Germany for up to three years, the stay for trainees is limited to one year (§ 19 para. 4 of the German Residence Act). Important for planning purposes: The application must be submitted to the competent German mission abroad before entry; a change of mission within Germany is generally not permitted according to § 5 para. 2 sentence 3 of the German Residence Act .

The role of the Federal Employment Agency and the employment contract

Almost nothing in the ICT application process can proceed without the approval of the Federal Employment Agency (BA). This approval is required according to Section 18 Paragraph 2 No. 2 of the Residence Act (AufenthG) in conjunction with Section 10a of the Employment Ordinance (BeschV). The BA not only checks whether the qualification actually corresponds to the role of a specialist or manager, but also conducts a detailed comparability assessment of the working conditions.

Particular care must be taken in this regard. An employment contract is required. According to Section 19 Paragraph 2 Sentence 1 No. 4 of the German Residence Act (AufenthG), details regarding the location, type of work, and remuneration must be specified in the contract and in the secondment letter. The Federal Employment Agency (BA) is particularly critical of the remuneration. While the salary must correspond to that of a comparable domestic employee, allowances typical for secondments are considered separately. Since August 2020, performance-related components such as "Cost of Living Allowances" are considered remuneration, while pure expense reimbursements are not. Rent or transportation, however, are not included. For companies, this means that the salary structure must be transparent and legally compliant to prevent rejection. Health insurance that meets German standards must also be fully documented.

The reason for refusal of the "special purpose vehicle" and the 50 percent rule of thumb

One issue that often causes puzzlement in consulting practice is the mandatory ground for refusal under Section 19 Paragraph 6 No. 1 of the German Residence Act (AufenthG ). The legislator aims to prevent companies from establishing purely shell companies to circumvent the regular channels of immigration. To circumvent skilled worker immigration . If a branch was primarily established to facilitate the entry of transferred employees, the ICT card may not be issued.

To make this vague legal term measurable, the Federal Employment Agency (BA) uses the STEP system, which includes all employees subject to social security contributions. This is where the so-called 50 percent rule of thumb comes into play: The number of ICT applications should roughly correspond to the number of employees already working at the branch. EU citizens must comply. If, for example, a young company wants to bring in ten specialists from abroad but only employs two local staff, the system raises an alarm. We are critically observing that Germany is lagging behind in this regard. The EU, by comparison , applies a particularly strict quota system . In practice, companies that deviate from this must present very well-founded business plans and hiring intentions for the local market to refute accusations of abuse. A mere declaration of intent is rarely sufficient; a comprehensible personnel strategy is required.

Challenges in the application process and operational hurdles

Although the ICT card is intended as a privilege for companies, the bureaucratic hurdles are high . In addition to the aforementioned quota system, coordination with the This poses a challenge for immigration authorities and embassies. We observe that while the digitalization of migration administration is progressing, processing times often still do not meet the demands of modern economic cycles. This is particularly problematic for those affected – often highly qualified professionals. Skilled workers – is A residence permit according to § 19 of the German Residence Act (AufenthG) forms the basis for their new life in Germany. This includes not only a job, but also their social environment. Topics such as... Family reunification for the Family , the search for a suitable Apartment and ensuring that the Passports that are valid for the entire duration must be obtained in parallel.

Conclusion and Outlook

The ICT card remains an indispensable tool for international recruiting and global HR strategy. It provides a clear legal framework for the transfer of know-how. Nevertheless, the practice of the 50 percent rule of thumb shows that the German government is keeping a close eye on compliance with market rules. Companies must act proactively: an early analysis of the workforce structure and precise drafting of secondment agreements are essential. It is no longer sufficient to simply demonstrate the qualifications of the specialist ; the strength of the receiving branch must also be proven.

If applications are rejected or the authorities remain inactive, a Legal proceedings are the last resort to enforce legal claims. We strongly recommend reviewing compliance requirements months before the planned transfer to avoid unpleasant surprises. to avoid the immigration office .

How Visaguard supports you

As a specialized law firm for immigration law, we guide you safely through the ICT card application process. We support employers in preparing legally compliant posting documents, review your establishment quota, and communicate directly with the Federal Employment Agency and the relevant authorities. State Office for Immigration . Whether it is a complex matter Visa for specialists accompanying the Study for family members joining them later or the defense against Discrimination in the administrative process is possible – we stand by your side to ensure the success of your Global Mobility Strategy.