Denmark Alert – Changes to Pay Limit Scheme

Denmark Parliament recently passed a bill amending the salary requirements for the Pay Limit Scheme on June 2, 2017 to apply to all application submitted on or after July 1, 2017.  The new legislation also affects the Fast-track Scheme.

Employer paid benefits, such as per diems, transportation, and accommodations, must no longer be included in the yearly gross salary of at least 408,800 DKK.  Salaries to the foreign national must be paid to a Danish bank account.

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation.

Germany – ICT Directive to be Implemented

The Directive 2014/66/EC (ICT) 2014/36/EC (Seasonal Workers) and 2016/801/EC (REST) was implemented into national law by the German parliament, effective August 1, 2017.

The law will allow foreign nationals to work as a manager, specialist, or trainee at a group company in any EU country that has implemented the directive.  In order to be eligible for the ICT Card, foreign nationals must be employed with an entity within the same corporate group outside the EU for at least 6 months.

  • Manager/Specialist/CEO/CFO:
    • Must work at a host entity in Germany within the same corporate group that employs him/her outside of the EU
    • Must report mainly to directors or shareholders
    • ICT Card is limited to a maximum of 3 years
  • Specialist:
    • Must have essential and specific knowledge on the area of business, the procedures, or the administration of the host entity.
    • A high level of qualification and relevant experience is required.
    • ICT Card is limited to a maximum of 3 years
  • Trainee:
    • Must hold a university degree
    • Undergo paid traineeship where business techniques and methods are provided.
    • ICT Card is limited to a maximum of 1 year

All foreign nationals are subject to the ICT-scheme regardless if the foreign national is visa exempt.

Short Term Mobility

ICT permits issued by fellow member states will allow the card holder to travel to Germany for employment purposes for up to 90 days.  Notification of the employment, salary, and work conditions must be presented to BAMF before the travel.  However, unless a refusal is issued by the German administration, the card holder is legally allowed to travel within 20 days of the notification.

Long Term Mobility

Holders of ICT permits issued by fellow member states are able to relocate to Germany for a period of more than 90 days if they apply for a German Mobile ICT card prior to travel.  If the application for a Mobile ICT card is made 20 days before the transfer and the ICT permit is still valid in the other EU member state, the holder will be allowed to work at the German entity for up to 90 days until a decision has been made by the immigration authorities.

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert was prepared using information from Offer & Mastmann.