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Work and residence permits for temporary intra-group transfers (“ICT”) finally in force

Newsflash
Mobility and immigration

European Directive 2014/66/EU (“ICT” Directive) has finally been fully transposed into Belgian legislation with regard to temporary intra-group transfers.

From 16 December 2021, groups of companies will be able to obtain an ICT permit to employ certain third-country nationals in Belgium. These workers will also have greater mobility within the European Union.

Even though an Act of 31 July 2020 concerning the category of temporary intra-group transfers had already been adopted, the publication of an implementing decree was still needed in order for the Immigration Office to be able to issue “ICT” permits.

This has now been achieved with the Royal Decree of 26 November 2021 implementing the aforementioned Act of 31 July 2020, which entered into force yesterday, 16 December 2021.

The “temporary intra-group transfer”

The “ICT” category allows one to obtain a work and residence permit for the temporary posting of certain third-country nationals employed by a company outside the European Union to an entity within the Union belonging to that company or to the same group of companies.

It is also possible for third-country nationals who already hold an ICT permit in another EU Member State and who come to Belgium as a second Member State:

  • To reside and work in Belgium for a short period: maximum 90 days in any 180-day period;
  • To obtain a “long-term mobility permit” to live and work in Belgium for more than 90 days.

Likewise, holders of an ICT permit granted in Belgium may also use their mobility to reside and work for a short or long period in another Member State. The conditions and modalities related to this type of mobility must however be verified according to the applicable rules of the Member State concerned.

Conditions for obtaining a permit

Given that the subject is partially regionalised, the conditions for obtaining an ICT permit differ depending on the place of employment in Belgium.

However, the common conditions can be summarised as follows:

  • The host entity and the company established in a third country must belong to the same company or group of companies;
  • The employee must have a certain length of service prior to the date of transfer by having worked for a certain period of time with the company or group of companies in question as a manager, specialist or trainee worker;
  • The employee must have a certain level of professional qualification:
    • A higher education diploma (at least 3 years after secondary school) for managers and specialists;
    • A university degree for trainees.
  • The remuneration of the transferred employee may not be less favourable throughout the intra-group transfer than that of employees in comparable positions.

Each Region also sets specific conditions regarding seniority requirements and remuneration, and possibly, for the Brussels Region, regarding the conditions of return and the type of agreement to be concluded between the parties.

For example, for ICT “specialists”, a gross annual remuneration of EUR 45,096 (amount for 2022) is required in the Flemish and Walloon Regions, while an amount of EUR 45,616 (amount for 2022) is required for the Brussels Region. 

Duration of validity and renewal

The ICT permit will be valid for a maximum of three years for specialists and managers, and one year for trainees.

Action point

From 16 December 2021, it will be possible to apply for an ICT permit for certain categories of foreign employees employed by groups of companies. Employers should therefore check whether they can make use of this possibility.