New law affecting ICT Work Permits
New legislation affecting the Swedish Migration Agency’s (Migrationsverket) processing of ICT permits
As of March 1, 2018, the Swedish government has executed changes to the Aliens Act. The new legislation affects the Swedish Migration Agency (Migrationsverket) processing rules for ICT (Intra Company Transfer) permits, regulating the requirements for entry and residence of third-country citizens on intra-company transfers.
The new legislation is based on an EU directive, superior to current Swedish legislation regarding work permits. The directive is designed to simplify transfers for workers into the EU, as well as inside the EU. The new legislation supersedes the regulation on regular work permits. This means that work permits cannot be granted to persons covered by the requirements for ICT permits, according to chapter 6b of the Aliens Act.
A third-country citizen should apply for an ICT permit if any of the below conditions apply:
- The employment is with a company situated outside the EEA or Switzerland
- The employment is as a manager, specialist, or trainee
- The employment is for more than 90 days
- The employment is with a host company forming part of the same international corporate group
The Migration Agency’s unit for certified companies will screen all work permit applications submitted after March 1, 2018, to assess whether the application should be processed in accordance with the ICT directive or not. Applications deemed to be covered by the new ICT directive are transferred to the permit unit in Borås, Region Väst, for processing. As the application will not be handled by the unit for certified companies, processing time will be longer. Currently, the Migration Agency estimates decision time to up to 90 days.
Applications transferred to the ICT unit in Borås will not be returned to the unit for certified companies. Therefore, it is crucial that ICT applications are identified and submitted correctly. At present, applications can only be submitted in paper form. Electronic ICT applications are expected to be available in April 2018.
With the new legislation, workers may be on assignment in more than one EU-country on the same permit. Although this is an improvement for most workers, the new directive may negatively impact some applications. Employers will not be able to decide whether the worker’s permit should be the standard work and residence permit or an ICT permit. As mentioned earlier, processing times will also be slower.
Human Entrance is in a close dialogue with the Migration Agency to stay informed and to ensure our practices comply with the new legislation. For new applications, please turn to the Human Entrance Immigration Team for assistance and guidance, should you have any questions.
Further details can be found on The Migrations Agency’s webpage