What is ICT about?
The new regulation seeks to make it easier for multinational companies based outside of the Union to temporarily post certain members of their staff, for professional activities or training, to an entity of the same undertaking or an undertaking belonging to the same group, based in the Union.
To this end, two possible transfers are foreseen:
Direct posting to Belgium
This refers to the possibility for third-country nationals who reside outside the territory of the Union at the time of application to apply to reside and work in Belgium for more than 90 days in the framework of an intra-corporate transfer as managers, specialists or trainee employees.
Belgium is the first Member State, or the Member State responsible for issuing the intra-corporate transferee permit, when the third country national comes to work in Belgium the longest.
The maximum total duration of the transfer is 3 years for a manager or a specialist and 1 year for a trainee.
Mobility via another Member State
When a third-country national has obtained the status of intra-corporate transferee in another Member State, he can exercise his right to mobility to come and work in Belgium. He can only come to work in Belgium for an entity of the same undertaking or an undertaking belonging to the same group of undertakings as the one established abroad to which he is already bound by a work contract.
Mobility in Belgium can be either for a short-term (up to 90 days) or a long-term (more than 90 days).
In case of mobility, Belgium is the so-called second Member State. Only in case of long-term mobility an application is required for a permit for long-term mobility “ICT”.
Holders of a valid intra-corporate transferee permit issued by another Member State can travel to Belgium in the framework of short-term mobility on the basis of the general rules applicable to short stays. No prior notification is required.
- Who can make use of a transfer as ICT?
- Intra-corporate transferee permit: application, residence permit, renewal
- Long-term mobility "ICT": application, residence permit, renewal