European Union Member-State Intra-Company Employee Transfer Card

 Česky

Basic information

What is a European Union Member-State Intra-Company Employee Transfer Card?

The European Union Member-State Intra-Company Employee Transfer Card is a new type of authorisation for long-term residence in the territory of the Czech Republic where purpose of residence (longer than 3 months) of the foreign national is to perform work in the position of manager, specialist or employed intern to which the foreign national has been transferred.

This residence permit (unlike the standard Intra-Company Employee Transfer Card) is issued to foreign nationals (with citizenship of third countries) who already hold an intra-company employee transfer residence permit issued by a different EU member state. This must concern foreign nationals who are employed in a country that is not an EU member-state, were transferred to a certain EU member-state where they were issued intra-company employee transfer residence permits and then have subsequently been transferred intra-company to the Czech Republic where they intend to remain for longer than 90 days.

A foreign national to whom the Ministry of the Interior of the Czech Republic has issued an EU Member-State Intra-Company Employee Transfer Card is entitled to:

• stay in the territory of the Czech Republic and also

• perform work in the position of a manger, specialist or employed intern to which he/she has been transferred.
   

If the holder of an intra-company employee transfer residence permit issued by a different EU member state is transferred to a management, specialist or employed intern position for a period shorter than 90 days, he/she is not required to apply for an EU Member-State Intra-Company Employee Transfer Card because he/she would entitled to stay in the territory of the Czech Republic in accordance with Section 18(d)(5) of Act No. 326/1999 Coll. and would be entitled to perform work in the Territory on the basis of Section 98(s) of Act No. 435/2004 Coll., on Employment, as amended.

The EU Member-State Intra-Company Employee Transfer Card is a plastic card with biometric components.

The EU Member-State Intra-Company Employee Transfer Card is issued for the duration of transfer to the territory of EU member states, but only to a maximum of 3 years for a manager and specialist and for 1 year for an employed intern. The card may be extended repeatedly to cover the duration of transfer to the territory of EU member states, to a maximum of 3 years for a manager and specialist and for 1 year for an employed intern.

The deadline for making a decision on the issuance of an EU Member-State Intra-Company Employee Transfer Card is 90 days.

Who is the EU Member-State Intra-Company Employee Transfer Card intended for?

The EU Member-State Intra-Company Employee Transfer Card is intended for intra-company transferred managers, specialists and employed interns who hold an intra-company employee transfer residence permit issued by a different EU member state.

In simple terms, intra-company transfer is the temporary transfer of an employee of a multinational company from a functioning section of a multinational company in a country that is not an EU member state to a functioning section of the company located in an EU member state.

According to Section 42k(3) of Act No. 326/1999 Coll., a manager means a foreign national working in a management position which primarily runs a commercial corporation or subsidiary or part thereof, whose activities are monitored by and who follows the instructions of the governing body, supreme body or control body; a manager runs the commercial corporation or subsidiary or part thereof, oversees other employees performing supervisory, professional or running activities and monitoring thereof, including the power to hire or dismiss such persons or to take different personnel-related measures.

According to 42k(4) of Act No. 326/1999 Coll. a specialist means a foreign national who has specialised knowledge that is fundamental for the area of operations, procedures or management of the commercial corporation or subsidiary and who also has the required level of qualification and professional experience and, if applicable, is a member of a professional association, if special legislation so stipulates.

According to 42k(5) of Act No. 326/1999 Coll. an employed intern means a foreign national who has duly completed higher education, is transferred to a commercial corporation or subsidiary based in the Czech Republic for the purpose of career development or training in the field of commercial techniques and methods and who receives payment of a salary or wage for the duration of his/her transfer.

The EU Member-State Intra-Company Employee Transfer Card is intended for foreign nationals of all states of the world, with the exception of

• citizens of EU/EEA member states and Switzerland and a

• their family members who are citizens of other states and hold residence cards for family members of an EU citizen (or, in the case of the family members of a citizen of an EEA state or Switzerland, a foreign national’s residence card) or have applied for such.

Department for Asylum and Migration Policy, August 15th, 2017