Intra-corporate Transfer of Managers, Specialists and Trainee Employees ("ICT" and "mobile ICT")
Intra-corporate transfer
If you as a key worker are going to be temporarily employed in an Austrian branch of your company or group by your employer, you may obtain a residence permit entitling you to residence and taking up employment in Austria.
PLEASE NOTE:
For personnel leasing companies or placement agencies intra-corporate transfer is not applicable.
Key Workers are:
- managers: directors of the branch or of a department therof
- specialists: skilled workers possessing specialised knowledge essential to the branch with a high level of qualification or specific technical knowledge
- trainee employees: university graduates whose career development is to be promoted or who undergo an industry-specific, technical or methodological training
Requirements are
- temporary employment in the company of at least nine months or, for trainees, at least six months preceding the transfer
- submission of a work contract also providing the necessity of the temporary transfer
- proof of a genuine economic activity of the company.
Direct transfer from a third country to Austria
You will receive a residence permit as an intra-corporate transferee ("ICT") that will be issued for no longer than three years or, for trainees, for no longer than one year.
Transfer from another EU member state to Austria ("mobile ICT")
If you are already a holder of a residence permit "ICT" of another EU member state and your activity in Austria is to exceed 90 days, you will receive a residence permit for mobile intra-corporate transferees (long-term "mobile ICT").
For an activity of less than 90 days the provisions for posting of workers by EEA and Swiss companies apply (short-term "mobile ICT"). As a short-term "mobile ICT" you do not need a specific residnce permit for Austria.
Application for a residence permit
You are supposed to apply for a residence permit for intra-corporate transferees personally with the competent Austrian representation (embassy or consulate) in your home country or country of residence. Alternatively, the owner of the Austrian branch may lodge the application with the competent residence authority in Austria (Provincial Governor [Landeshauptmann/Landeshauptfrau] or authorized Regional Administrative Authority [Bezirkshauptmannschaft] or Local Administrative Authority [Magistrat], respectively). Along with the application an employer’s declaration (Arbeitgebererklärung) has to be submitted, which is a written confirmation of the company on the conditions of employment of your job.
If you are already a holder of a residence permit "ICT" of another EU member state, you can apply for a residence permit “mobile ICT” in Austria.
Your application will be forwarded to the regional branch office of the Public Employment Service (AMS) competent for the place of business of your host branch, which will issue an expertise if the labour-market related requirements are met. If all requirements are fulfilled, the AMS will send a confirmation to the residence authority, which will consequently issue the residence permit, provided that the other requirements (as e.g. health insurance) are met. If the application is approved, the Austrian representation will inform you accordingly. When you are allowed to apply in Austria the residence authority in Austria will inform you.
Which documents to submit?
- valid travel document (e.g. passport)
- birth certificate or similar document acknowledged by the Austrian authorities
- photo (dimensions: 45x35mm) not older than six months
- evidence of health insurance covering all risks (compulsory health insurance or equivalent insurance policy)
- evidence of adequate means of subsistence (payslips, pay certificates, employment contracts, insurance benefit certificates, evidence of retirement or other pension or insurance benefits, investment capital or sufficient own assets)
Additionally, for direct transfer from a third country to Austria
- Work contract and, if necessary, assignment letter from the employer including a declaration that you will be able to return to a branch of the same company or group based in a third country after the termination of your intra-corporate transfer
- evidence of sufficient periods of prior employment in the company or group
- for trainees employees: training agreement and evidence of university graduation
- for specialists: proof of required professional qualification and experience by evidence of graduation of a university, university of applied sciences or other educational institution especially recognised in its discipline, plus testimonial and work certificate
- for managers: proof of their managerial function by their employment contract and, if necessary, evidence of admission to a profession regulated in Austria
- extract from the register of companies demonstrating that the employer or the host branch carry on a genuine economic activity and are not subject to insolvency proceedings
Additionally, for transfer from another EU member state to Austria (long-term "mobile ICT")
- Valid residence permit "ICT" of another EU member state
- work contract and, if necessary, assignment letter from the employer including a declaration that the third-county national will be able to return to a branch of the same company or group based in a third country after the termination of his/her intra-corporate transfer
- for trainee employees: training agreement
- for specialists: proof of their specialist function by their employment contract
- for managers: proof of their managerial function by their employment contract and, if necessary, evidence of admission to a profession regulated in Austria
- extract from the register of companies demonstrating that the employer or the host branch carry on a genuine economic activity and are not subject to insolvency proceedings
PLEASE NOTE:
Originals and copies of all documents and certificates must be presented. To enable better assessment, the competent authorities may demand English or German translations, if the documents are not in German or English, and they may possibly demand legalized versions of the documents.
Family members
Family members (spouses, registered partners and minor unmarried children) of holders of a residence permit for intra-corporate transferees (“ICT” and “mobile ICT”) may take up employment if holding a residence permit “family reunification” granting access to the labour market, if they can prove a legally binding offer of employment from an Austrian employer.
Further information and useful links
Fees
- Red-White-Red Card: € 100
- Personalisation charge (scan of photography and signature): € 20
Forms
Laws and Provisions
- Settlement and Residence Act (German)
- Act Governing the Employment of Foreign Nationals (pdf - 649 KB; English)
- Visa requirements (English)
- ICT Directive - EU Directive 2014/66/EU (English)
Links
- Austrian consular representations (English)
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