ICT Card — Attorney Specializing in Corporate Assignments to Germany

Lawyer Specializing in the ICT Card — Based in Munich, Serving Corporations Throughout Germany

The ICT Card is not a mass process, but rather a corporate mandate. It involves global mobility departments, the management of German subsidiaries, and the assignee themselves—usually all at the same time and with differing interests.

KLAMERT & PARTNER provides advice in three steps. Before the decision to post an employee abroad: Assessing whether an ICT card is the appropriate visa category at all, or whether short-term mobility, a Mobile ICT Card, a Vander-Elst visa, or local hiring would be more appropriate. During the process: Drafting the secondment letter, coordinating with the Federal Employment Agency, and assisting with the Foreigners’ Registration Office and diplomatic missions abroad. After the decision: Renewal, change of status, and legal protection in the event of a rejection.

Common questions from companies that come to KLAMERT & PARTNER: We’re transferring a colleague to Germany for 18 months—what job title should we use? Is a simple notification sufficient for six weeks, or do we need to go through a formal process? Our employee has an ICT card from France but is supposed to relocate to Stuttgart. The ICT card is about to expire, but the person is supposed to stay. The Foreigners’ Registration Office is requesting documents that we don’t have on file.

The law firm operates remotely. For corporate groups with German branches in Hamburg, Cologne, or Leipzig, consultations are conducted via video and email; KLAMERT & PARTNER handles appointments with government agencies or arranges for on-site representation. The law governing the ICT Card is uniform across Germany—but the practices of the immigration authorities are not.

Employers: Does Your Transfer Require an ICT Card? A Four-Question Decision-Making Guide

Before every assignment to Germany, there are four questions to consider. Answering them takes an hour and determines the course of the next few months.

Question 1 — How long does the transfer take?

If the intra-company transfer lasts more than 90 days, the ICT card may be an option. If the transfer lasts less than 90 days and the employee already holds an ICT card from another EU member state, short-term mobility under Section 19a of the Residence Act (AufenthG) is sufficient, provided a notification is submitted to the Federal Office for Migration and Refugees. Without a prior EU title, the process for short-term assignments typically involves other regulations.

Question 2 — Expatriate or local hire?

If the employment relationship remains in the home country and the person is merely seconded, this constitutes a posting—which is the scenario covered by the ICT Card. If the person receives a German employment contract, it is considered a local hire; in that case, the skilled worker categories or the EU Blue Card apply. This distinction affects the right of residence, social security, and taxes simultaneously.

Question 3 — Is there already a title in another EU country?

If the person holds an ICT card from another member state, the Mobiler ICT card is the prescribed procedure under Section 19b of the Residence Act (AufenthG). If the person is employed by a company headquartered in the EU and is to provide a service in Germany on behalf of that company, labor migration law does not apply; instead, the freedom to provide services applies—keyword: Vander-Elst visa.

Question 4 — Which group does this person belong to?

The ICT card recognizes only three categories: executive, specialist, and trainee. Anyone who does not fit into one of these categories will not receive an ICT card. This is the most common substantive reason for denial and can be verified in advance.

What is the ICT Card? (Section 19 of the Residence Act, Directive (EU) 2014/66)

The ICT Card is a separate residence permit for employees transferred within a company. ICT stands for Intra-Corporate Transfer. The legal basis is Section 19 of the Residence Act (AufenthG); it implements Directive (EU) 2014/66, which establishes uniform minimum standards for all participating Member States.

This title presupposes a situation that does not exist elsewhere in labor migration law. The employment relationship continues with a company outside the European Union. The individual is seconded for a limited period to a branch of the same corporate group in Germany. There is no German employment contract and no hiring in the traditional sense.

This gives rise to the practical nature of the ICT card. It is tied to the transfer, not to a specific position in the labor market. It is valid for a limited period from the outset. And it is linked to the prospect of return: Proof that the person can return to a branch outside the EU after the transfer is part of the application documentation.

For corporate groups, this is both an advantage and a limitation. It is an advantage because no German employment contract is required and the corporate structure serves as the basis for the permit. It is a limitation because the ICT card does not lead to permanent residency—anyone who plans to stay in Germany long-term will need a different type of permit sooner or later.

Manager, Specialist, Trainee — the three categories on the ICT Card

Section 19 of the Residence Act covers exactly three groups. The classification determines the eligibility requirements and maximum duration and should be established before the application is filed.

Executive

For the purposes of this regulation, a “manager” is someone who holds a key position and manages the host branch or a part thereof. This is characterized by general oversight by the governing body or shareholders, as well as authority over personnel decisions. A title on the organizational chart is not sufficient; what matters is the actual managerial and personnel authority, and this must be evident from the letter of assignment.

Specialist

A specialist is someone who possesses essential specialized knowledge of the host branch’s areas of activity, procedures, or administration, along with a high level of qualification and appropriate professional experience. In practice, this group handles the majority of ICT procedures. The critical point is the justification: Why is this specific knowledge essential for the German branch? A general job description does not answer that question.

Trainee

A trainee is someone who holds a college degree, is participating in a trainee program, and is compensated for it. The purpose is professional development or training in business techniques and methods. The maximum duration for trainees is shorter than that for managers and specialists.

Overview of the Requirements for the ICT Card

The requirements for the ICT card are straightforward but strict. If even one requirement is missing, the application will be denied—there is no discretion in this matter.

First: The individual must have been employed by the company or corporate group for at least six months immediately prior to the start of the intra-company transfer. This requirement applies to all three categories of individuals, including trainees. It is the point at which transfers planned on short notice regularly fail.

Second: The assignment must last longer than 90 days. Shorter assignments are not covered by the ICT card.

Third: A letter of secondment must be provided. It must include details regarding the location and nature of the work, its duration, compensation, and other terms and conditions of employment, as well as proof that the employee can return to a branch outside the European Union.

Fourth: The individual must belong to the group of managers, specialists, or trainees and provide proof of the appropriate qualifications—trainees must have a college degree.

Fifth: Approval from the Federal Employment Agency must be obtained. And sixth, there must be no grounds for denial, particularly not the waiting period following a previous transfer.

Approval of the Federal Employment Agency for the ICT Card (Section 10a of the Employment Regulation)

A common misconception is that the ICT card does not require approval because no German employment contract is signed. This is incorrect. Approval from the Federal Employment Agency is required for both the visa and the ICT card; the details are governed by Section 10a of the Employment Regulation.

The review focuses not on the corporate structure, but on the working conditions of the transfer. The criterion is whether the compensation and other conditions correspond to those of comparable domestic employees. In practice, this means that compensation that is appropriate in the country of origin may be too low for the assignment in Germany—including allowances, benefits in kind, and lump-sum assignment allowances, which must then be clearly reported.

The basis for the review is the statement regarding the employment relationship, in conjunction with the secondment letter. If there are discrepancies between the two documents—for example, regarding weekly working hours, job description, or compensation components—further clarification will be requested. KLAMERT & PARTNER therefore ensures that the documents are consistent with one another before submission.

Approval is also required for the Mobiler ICT Card; an exception may be granted if the application is submitted from another EU member state. No approval is required for short-term mobility under Section 19a of the Residence Act (AufenthG).

Applying for an ICT Card — Process, Documents, Responsibilities

Anyone who wants to apply for an ICT card must complete two procedures that build on one another. The order is non-negotiable.

Step One: The host branch compiles the documents. These include a secondment letter, proof of affiliation with the corporate group and the individual’s status within it, proof of qualifications, a statement regarding the employment relationship, a copy of the passport, and proof of the possibility of returning.

Step Two: The individual applies for a national visa for the purpose of an intra-company transfer at the appropriate German diplomatic mission in their country of origin. The diplomatic mission notifies the Foreigners’ Registration Office and the Federal Employment Agency.

Step Three: Enter the country with the visa, register with the Residents' Registration Office, and then apply for the ICT card at the immigration office responsible for your place of work.

For companies that handle recurring transfers, it’s worth documenting this workflow as a process: Who provides which document, by when, and with what approval. KLAMERT & PARTNER creates such a procedure template, complete with a sample authorization letter, so that each subsequent transfer doesn’t have to start from scratch.

Validity Period, Extension, and the Six-Month Waiting Period

The ICT card is valid for a limited time from the outset, and the time limits are maximum durations—not standard durations.

For executives and specialists, the ICT Card is issued for the duration of the transfer, up to a maximum of three years. For trainees, the maximum duration is one year. Within these limits, an extension is possible if the transfer takes longer than initially planned; however, no extension is granted beyond the maximum duration.

A waiting period begins once the transfer ends. Any application submitted before six months have elapsed since the end of the last stay for the purpose of an intra-company transfer within Germany must be denied. This rule prevents a temporary transfer from becoming permanent through a series of consecutive assignments—and it regularly catches companies off guard when a valued employee is scheduled to return to Germany a second time.

In terms of workforce planning, this means that if an employer needs an employee in Germany for more than three years, they should not plan to renew the ICT card but rather to transition to a different residence permit. This transition should be initiated before the ICT card expires, not after.

Up to 90 Days Without a Residence Permit — Short-Term Mobility and Notification to the BAMF (Section 19a of the Residence Act)

In practice, the most common question within the corporate group is not how to apply for an ICT card, but whether a procedure is even necessary for a short-term assignment. Section 19a of the Residence Act provides a clear answer to this question.

If a person holds an ICT card issued by another EU member state, they may work in Germany without a separate German residence permit. The conditions: up to 90 days within a 180-day period, at a branch of the same corporate group. A notification must be submitted to the Federal Office for Migration and Refugees; approval from the Federal Employment Agency is not required.

This provision is the true efficiency gain of the European ICT framework, and it is rarely used. For project work, audits, training, and handoffs within a corporate group, it is the fastest legal route to Germany.

Two points are critical. The notification is the responsibility of the company, not the individual—it is part of the HR process. And the 90 days must be considered cumulatively within a 180-day period: If someone makes multiple short visits to Germany, the days are added together. If the limit is exceeded, the Mobiler-ICT card is the correct type of permit, and the change must be applied for in advance.

Mobile ICT Card — Transfer from Another EU Member State (Section 19b of the Residence Act)

The Mobiler ICT Card under Section 19b of the Residence Act (AufenthG) applies when a person holding an ICT Card from another Member State is to be assigned to work in Germany for more than 90 days. It is not a new ICT Card, but rather the German continuation of an already ongoing European transfer.

The requirements are a valid ICT permit issued by the first Member State and a secondment to a branch of the same corporate group in Germany. The maximum duration depends on the total transfer period; the assignment in Germany cannot exceed the duration of the underlying permit.

Approval from the Federal Employment Agency is generally required; an exception may be considered if the application is submitted from another EU member state. This is precisely where there is a time-saving advantage that is often overlooked in practice: If the application is submitted while the person is still in the first member state—rather than allowing the person to enter the country first—one step in the review process can be avoided. Whether this would be effective in a specific case would need to be clarified in advance.

Vander-Elst Visa — Posting by an EU Company for the Purpose of Providing Services

There is a scenario that is frequently confused with the ICT Card and is subject to an entirely different legal framework. If a company based in an EU member state posts a third-country national employee to Germany to provide its own services there, it is not labor migration law that applies, but rather the freedom to provide services.

This is based on the European Court of Justice’s ruling in the Vander Elst case. The employee must be properly and permanently employed by the sending company and hold a residence permit in the country where the company is headquartered. The employee performs the work on behalf of and under the responsibility of the sending company—not as an employee of the German client.

According to information provided by German diplomatic missions abroad, exemptions apply for short-term stays; for stays exceeding the respective threshold, a Vander-Elst visa must be applied for. Jurisdiction, required documents, and processing times vary significantly from one diplomatic mission to another and should be verified in detail before making any plans.

The economic difference compared to the ICT card is significant. The ICT card requires a subsidiary of the corporate group and an internal transfer. The Vander Elst permit requires a service contract and is also valid between companies with no corporate affiliation. Those who choose the wrong option risk not only wasting time but also working without a valid permit.

Alternatives to the ICT Card: EU Blue Card, Section 18b and Section 19c of the Residence Act (AufenthG)

Not every transfer should go through the ICT card. Three alternatives should be reviewed on a regular basis.

The EU Blue Card under Section 18g of the Residence Act (AufenthG) requires a German employment contract and a minimum salary, but in return it facilitates mobility within the EU and shortens the waiting periods for a settlement permit. For a transfer intended to lead to permanent employment in Germany, it is the more viable option—the ICT Card is not.

Section 18b of the Residence Act applies to skilled workers with an academic degree and a local employment contract. It is the standard procedure when the company intends to hire the individual locally anyway.

Section 19c of the Residence Act (AufenthG) covers special cases, particularly through the Employment Regulation. For management positions and for individuals with extensive practical professional experience, this may offer pathways that are faster than the ICT Card. Which option would be more advantageous in a specific case depends on the duration, the terms of the contract, and the prospects for continued residence; KLAMERT & PARTNER compares the options before a decision on secondment is made.

In addition to the right of residence, the following issues need to be clarified: social security, minimum wage, and taxes

Posting is never just a matter of residency law. Three other areas of regulation operate in parallel, each governed by its own connecting factors.

Social Security: For postings within the EU, coverage is documented via the A1 certificate. For postings from third countries, coverage is determined by the applicable social security agreement—if no such agreement exists, dual coverage may result. This must be clarified before the transfer begins, not when the first contribution statement is issued.

Labor Law: German minimum working conditions also apply to posted workers, including the minimum wage and relevant collective bargaining agreements. These requirements are taken into account in the Federal Employment Agency’s approval review—a posting fee that is too low jeopardizes the permit.

Taxes: Residency, permanent establishment issues, and the allocation of wages depend on the length of stay and double taxation treaties. KLAMERT & PARTNER handles matters related to residency and employment law and coordinates with the company’s advisors regarding tax assessments—a clear distinction is more valuable here than a blanket promise.

Family Reunification with an ICT Card

A transfer spanning several years is a family decision. Family reunification is possible, but subject to general requirements.

Spouses and minor children are generally eligible to join the principal applicant. Requirements include a regular and secure source of income, adequate living space, and proof of marriage or parentage. The residence permit for family members is linked to the principal applicant’s status and has the same duration.

In practical terms, timing is crucial. Those who apply for family members at the same time go through a single set of proceedings. Those who submit applications later have to go through two. For companies, this is no minor issue: an unresolved family reunification process is a common reason why an assignment ultimately falls through.

Rejection and Legal Remedies — Section 19f of the Residence Act, Protest, Action for Failure to Act

There are specific grounds for denial regarding the ICT Card. Section 19f of the Residence Act (AufenthG) explicitly lists them, including cases involving intra-company transfers.

Three categories are of practical relevance: the waiting period following a previous transfer, doubts regarding affiliation with the corporate group or the six-month period, and the failure to classify the applicant into one of the three categories of individuals. These grounds can be reviewed in advance—which is why a rejection of an ICT card application can often be avoided more frequently than in other procedures.

If a visa is denied by a diplomatic mission abroad, filing a protest is the first legal remedy, subject to the deadline specified in the decision. If this is unsuccessful, an action for specific performance under § 74 VwGO may be considered. If the authority fails to render a decision without sufficient cause, an action for failure to act under § 75 VwGO may be filed after three months have elapsed; in visa matters, the Berlin Administrative Court generally has jurisdiction.

Languages and Access: German, English, Ukrainian, Russian, Portuguese, Hindi

Corporate secondments are negotiated in English and finalized in German in Germany. KLAMERT & PARTNER provides consulting services in German, English, Ukrainian, Russian, Portuguese, and Hindi.

Consulting services in Hindi are available for Indian professionals and corporate groups with locations in India. The firm is expanding its team to include a lawyer of Indian origin who speaks Hindi; legal services and representation are provided by the firm’s licensed attorneys. Denys Osypenko is the point of contact for Ukrainian- and Russian-speaking clients, while the firm provides Portuguese-language services for clients in Brazil and Portugal.

For global mobility departments, language access means one thing above all else: the assignee understands what documents they need to submit, and the HR department receives documents it can use internally. Combining both in a single consultation streamlines the coordination process.

KLAMERT & PARTNER — Munich-based attorney specializing in corporate secondments, practicing nationwide and internationally

KLAMERT & PARTNER Rechtsanwälte PartGmbB is a Munich-based commercial law firm specializing in property law. Residence and employment immigration law are among the areas in which the firm assists companies and skilled workers—from choosing the appropriate legal status to representing clients in litigation.

Why hire a Munich-based attorney for transfers throughout Germany? Because residency law is governed by federal law. The Foreigners’ Registration Office at the location of the assignment has jurisdiction, and the applicable law is the same everywhere. As a Munich-based law firm, KLAMERT & PARTNER handles proceedings for branches in Hamburg, Frankfurt, Stuttgart, or Dresden, as well as for assignments in Bavaria—and for corporate groups headquartered outside Germany.

Initial consultations are conducted by phone and video call, and documents are exchanged digitally. For companies with recurring transfers, the law firm offers a documented procedural template complete with sample documents. Member of the Munich Bar Association; Markus Klamert is also a member of the Tyrol Bar Association in Innsbruck.

The KLAMERT & PARTNER offices are located in downtown Munich, within walking distance of Theresienwiese and just a few minutes away by subway from Sendlinger Tor or Goetheplatz. If you are not based in Munich, you do not need to travel here for a consultation. You can find directions and office hours in the Contact section.

Free Initial Assessment for the ICT Card — Your Transfer, Reviewed with No Obligation

As part of the free initial assessment, KLAMERT & PARTNER will review your case, with no obligation on your part, to determine whether it has a reasonable chance of success. Any legal advice beyond this will be provided only after you have retained our services and we have reached an agreement on fees.

In the context of a corporate assignment, this means: Is the “ICT Card” the correct designation, or should it be “Short-Term Mobility,” “Mobile ICT Card,” or “Vander Elst”? Has the six-month period been met? Is there a waiting period? And does the planned start date of the transfer align with a realistic timeline for the process?

What You Should Have Ready for the Initial Assessment

It is helpful to provide a draft of the secondment letter or the planned transfer dates, proof of the corporate structure, and information on the individual’s length of service to date. Also include proof of qualifications and the proposed compensation. If available: an existing ICT status from another EU country or a notice of denial.

Costs, Deadlines, and Compensation for Businesses

Following the initial assessment, the compensation is agreed upon transparently: in accordance with the Attorney’s Fees Act or based on an individual fee agreement; for companies, this is typically a fixed price per transfer or a framework agreement for recurring assignments. The deadlines are short: The period for filing an objection is specified in the decision, and the deadline for filing a lawsuit is one month pursuant to § 74 VwGO.

The quickest way is to use the contact form for the Skilled Workers Service: Describe the transfer in a few sentences, attach the relevant documents, and you’ll receive a response with an initial assessment. You can reach KLAMERT & PARTNER by phone at 089 540 239 0.

Frequently Asked Questions About the ICT Card and Corporate Assignments

What is the ICT Card?

The ICT Card is a residence permit under Section 19 of the Residence Act (AufenthG) for employees transferred within a company. ICT stands for Intra-Corporate Transfer. It applies when a person from a company outside the EU is temporarily seconded to a branch of the same corporate group in Germany. The employment relationship in the country of origin remains in effect; a German employment contract is not required. The legal basis is Directive (EU) 2014/66, which uniformly regulates transfers within the European Union.

Who is eligible for an ICT card?

There are only three categories of individuals: managers, specialists, and trainees. A manager is someone who heads the host branch or a part of it and has authority over personnel decisions. A specialist is someone who possesses essential specialized knowledge, a high level of qualification, and appropriate professional experience. A trainee is someone who holds a college degree and is participating in a paid trainee program. Anyone who does not fall into one of these groups will not receive an ICT card—in that case, other eligibility criteria must be considered.

What does “intra-company transferee” mean?

This refers to a secondment within a corporate group: The employment relationship is with a company outside the European Union, and the individual is temporarily seconded to a branch of the same group in Germany. There is no change of employer, nor is the individual hired on the German labor market. Proof must be provided of the corporate affiliation between the companies and the individual’s membership in the group. Applications are more often rejected due to a lack of this documentation than because of the applicant’s personal qualifications.

What is the difference between an ICT card and an EU Blue Card?

The ICT Card requires that the individual be seconded without a German employment contract and is limited to a maximum of three years; it does not lead to permanent residence. The EU Blue Card under Section 18g of the Residence Act (AufenthG) requires a German employment contract and a minimum salary; in return, it facilitates EU mobility and significantly shortens the processing times for a settlement permit. The ICT Card is appropriate for a temporary intra-company transfer, while the EU Blue Card is appropriate for long-term employment in Germany.

Is the ICT card a work visa?

Not quite. The visa is the first step: The individual applies to a German diplomatic or consular mission abroad for a national visa for the purpose of an intra-company transfer. The ICT card itself is issued by the Foreigners’ Registration Office after entry and serves as the residence permit that authorizes employment as part of the transfer. KLAMERT & PARTNER has a dedicated page explaining the system of work visas and work permits.

Does the ICT Card also apply to assignments at a subsidiary?

Yes, provided that the host entity is a branch of the same corporate group. This includes subsidiaries, branches, and other entities with a corporate affiliation to the sending company. Assignments at customers, clients, or joint venture partners without such an affiliation are not covered. In such cases, other options may be considered, such as the Vander-Elst visa for assignments by a company headquartered in the EU.

How long must the specialist have been employed by the company beforehand?

At least six months, and this period must begin immediately prior to the start of the intra-company transfer. This requirement applies to all three groups of individuals, including trainees. Therefore, the ICT card does not cover a new hire in the home country followed by an immediate assignment abroad. For HR planning, this means that anyone planning to assign an employee to a position in Germany should document the employee’s affiliation with the corporate group from the very first day.

Does the ICT card require approval from the Federal Employment Agency?

Yes. Approval from the Federal Employment Agency is required for visas and ICT cards; details are governed by Section 10a of the Employment Regulation. The working conditions of the transfer are reviewed, particularly whether compensation and other conditions correspond to those of comparable domestic employees. Approval is also generally required for the Mobiler ICT Card, but not for short-term mobility under Section 19a of the Residence Act (AufenthG). The assumption that an intra-company transfer does not require approval is a common and costly misconception.

Is there a salary threshold for the ICT Card?

There is no fixed threshold, as there is with the EU Blue Card. The criterion is comparability: pay and working conditions must correspond to those of comparable domestic employees. In practice, this means that a posting salary that is appropriate in the country of origin may be too low for work in Germany. Allowances, benefits in kind, and posting allowances should therefore be itemized in a transparent manner, as they are taken into account in the assessment.

What documents are required for the ICT card application?

The core of the application is the secondment letter, which includes details on the location and nature of the work, duration, compensation, and other terms of employment, as well as proof that a return to a branch outside the EU is possible. In addition, documentation regarding the corporate group and the individual’s affiliation with the group, proof of qualifications, a statement regarding the employment relationship, a copy of the passport, and proof of health insurance must be provided. Discrepancies between the secondment letter and the statement are the most common reason for follow-up inquiries.

Which government agency is responsible for the ICT card?

Three agencies work together. The German diplomatic mission in the country of origin issues the visa. The Foreigners’ Registration Office at the place of assignment issues the ICT card after entry and is already involved in the visa process. The Federal Employment Agency grants approval. For short-term mobility under Section 19a of the Residence Act (AufenthG), however, the Federal Office for Migration and Refugees is the recipient of the notification. If you start with the wrong recipient, you’ll waste time. KLAMERT & PARTNER, a Munich-based law firm, clarifies jurisdiction before the initial submission.

How long does the ICT card application process take?

The schedule of the relevant diplomatic mission is the determining factor, and this varies considerably by country and season. Realistically, it takes several months from the time the appointment is booked until the visa is issued. Submitting complete, consistent documentation and clarifying your category of applicants early on can help speed up the process. No law firm can provide reliable estimates of processing times; the only aspect you can plan for is your own contribution to the duration of the process.

How much does the ICT card cost?

The diplomatic mission charges a fee for the national visa, and the Foreigners’ Registration Office charges an additional fee for the ICT card. In addition, depending on the case, there may be costs for translations and certifications, as well as attorney’s fees. For corporate clients, KLAMERT & PARTNER regularly agrees on a fixed price per transfer or a framework agreement for recurring assignments—which makes it easier to plan global mobility budgets. The current fee schedules are published by diplomatic missions and immigration authorities.

Does the seconded employee need to know German?

Section 19 of the Residence Act (AufenthG) does not require German language proficiency for the ICT Card. This is a key difference from other residence permits and makes the ICT Card attractive for transfers that can be planned on short notice. Language skills only become practically relevant when the goal is to switch to a different residence permit or, later on, to obtain a settlement permit—that is where they play a role. Anyone planning for the long term should therefore consider language acquisition early on.

How long is the ICT card valid?

It is issued for the duration of the transfer—up to three years for executives and specialists, and up to one year for trainees. These limits are maximum durations and cannot be extended. If the transfer is extended within the maximum duration, an extension of the ICT card is possible. If the person intends to remain in Germany beyond that period, a switch to a different residence permit must be considered—and this must be done before the permit expires, not after.

Can the ICT card be renewed?

Within the statutory maximum duration, yes: If the transfer takes longer than initially planned, the ICT card can be extended up to a maximum of three years, or one year for trainees. An extension beyond the maximum duration is not possible. The application must be submitted to the Immigration Office before the card expires; submitting the application in a timely manner generally ensures continued residence until a decision is made.

What is the six-month waiting period after the ICT card expires?

An application must be denied if it is submitted before six months have elapsed since the end of the last stay in Germany for the purpose of an intra-company transfer. This rule is intended to prevent temporary transfers from becoming permanent through a series of consecutive assignments. For companies, this is a key planning consideration: a proven employee cannot be sent to Germany again immediately. KLAMERT & PARTNER, a Munich-based law firm, reviews the waiting period before every second assignment.

Do I need an ICT card for an eight-week assignment?

No—the ICT card requires a transfer lasting more than 90 days. If the person holds an ICT card from another EU member state, short-term mobility under Section 19a of the Residence Act (AufenthG) applies. Up to 90 days within a 180-day period are permitted at a branch of the same corporate group. A German residence permit and approval from the Federal Employment Agency are not required for this, but a notification to the Federal Office for Migration and Refugees is necessary. If the person does not have a prior EU residence permit, other options must be explored.

What is the Mobiler ICT Card?

The Mobile ICT Card under Section 19b of the Residence Act (AufenthG) is the permit required to continue a European transfer in Germany. It may be considered when a person holding an ICT card from another Member State is to be assigned to a German branch of the same group for more than 90 days. Approval from the Federal Employment Agency is generally required; an exception may apply if the application is submitted while the individual is still in the other EU country. This offers a time advantage that is often overlooked.

What is a Vander-Elst visa—and when do we need it instead of the ICT card?

The Vander Elst visa does not apply to intra-company transfers, but rather to the provision of services. If a company headquartered in an EU member state sends a third-country national employee to Germany to provide a service on its behalf, the freedom to provide services applies—based on the European Court of Justice’s ruling in the Vander Elst case. One of the requirements is proper, permanent employment in the country of establishment. Exemptions apply for short-term assignments; responsibilities and documentation vary by diplomatic mission.

Can spouses and children be included on the ICT card?

Spouses and minor children are generally eligible for family reunification. Requirements include a stable source of income, adequate living space, and proof of marriage or parentage. The family members’ residence permits are linked to the status of the posted employee and expire when that status ends. It is recommended to submit applications simultaneously: Separate procedures mean two sets of appointments and two waiting periods. For companies, family reunification is often the deciding factor in whether an assignment is accepted.

Can an ICT cardholder switch to a different residence permit?

A change of status is not legally precluded, but it is subject to certain conditions—the ICT Card is intended for a temporary transfer, not for permanent residence. If the person is to work in Germany on a permanent basis, a German employment contract—and thus a skilled worker visa or the EU Blue Card pursuant to Section 18g of the Residence Act (AufenthG)—is generally required. Whether the change of status can be made from within Germany or whether departure from the country would be necessary depends on the individual case. KLAMERT & PARTNER, a Munich-based law firm, reviews this issue nationwide before the ICT card expires.

Does the ICT Card lead to a permanent residence permit?

The ICT Card is not a permit intended for permanent residence—it is tied to a temporary transfer with the prospect of return, and its maximum duration is limited by law. Those seeking a settlement permit must therefore pursue a different type of permit, specifically the skilled worker permits or the EU Blue Card, which have shorter processing times. Whether and how periods of residence can be credited must be assessed on a case-by-case basis; it is not possible to make general statements here.

What should you do if your application is denied or the agency does not make a decision?

An appeal may be filed against a rejection by a diplomatic mission abroad, subject to the deadline specified in the decision. If the appeal is unsuccessful, an action for specific performance under § 74 VwGO may be considered; the deadline for filing such an action is one month. If the authority fails to issue a decision without sufficient cause, an action for failure to act under § 75 VwGO may be filed after three months; in visa matters, this is typically filed with the Berlin Administrative Court. Because the grounds for denial under § 19f AufenthG are narrowly defined, it is particularly worthwhile to carefully review the decision regarding the ICT card. KLAMERT & PARTNER, a Munich-based law firm, handles this review nationwide.

Have your assignment reviewed now with no obligation—get a free initial assessment regarding the ICT Card by calling 089 540 239 0 or using our contact form.