EU ICT: the visa and residence permit that guarantees intra-EU mobility

The “EU ICT” visa and residence permit was introduced at the EU level and implemented by EU Member States, including Italy through the introduction of Article 27-quinquies of Legislative Decree 286/98, in order to facilitate the temporary transfer of foreign workers within multinational companies operating in the European Union. One of the most interesting aspects of this scheme concerns the possibility of benefiting from intra-EU mobility, namely the ability to carry out work activities in Member States other than the one that issued the original permit.

The legislation distinguishes between two different forms of mobility: short-term mobility and long-term mobility. Both allow companies to transfer qualified personnel between European branches belonging to the same corporate group, but they follow different rules depending on the duration of the transfer.

Short-term intra-EU mobility

Short-term mobility applies when a worker holding an EU ICT permit issued by one Member State is required to work in a second EU country for a period not exceeding 90 days within a 180-day period.

In this situation, the worker may enter and carry out their activity in the second Member State without applying for a new ICT visa. The residence permit already obtained in the first EU country constitutes the legal basis allowing the temporary transfer.

However, the possibility of working in the second State does not completely eliminate administrative requirements. Local authorities may require prior communications or notifications regarding the presence of the transferred employee. The purpose of such formalities is to verify that the stay actually falls within the time limits established by EU legislation.

This type of mobility is often used for:

• temporary business assignments;

• specialized technical support;

• participation in international projects;

• coordination activities between European branches;

• internal training and operational supervision.

Thanks to this simplified procedure, companies can react quickly to organizational needs spread across different EU countries.

Long-term intra-EU mobility

When the transfer to a second Member State exceeds 90 days, the long-term mobility regime applies.

In this case, the worker cannot simply rely on the EU ICT permit issued by the first Member State, but must obtain a specific authorization in the country where the work activity will be carried out for the extended period.

The procedure generally requires the involvement of the host company, which must submit documentation relating to the employee’s transfer. The competent authorities verify several elements, including:

• the relationship between the companies involved;

• the worker’s professional qualifications;

• the duration of the transfer;

• the contractual conditions applied;

• the consistency of the assignment with the purposes of the ICT scheme.

Once the application is approved, the worker may legally reside and work in the second Member State for the entire authorized duration of the intra-corporate transfer.

In the specific case of Italy, Italian companies wishing to host non-EU workers holding EU ICT residence permits issued by another Member State must apply for a work authorization (nulla osta al lavoro) through the territorially competent Immigration One-Stop Shop (Sportello Unico dell’Immigrazione). Nevertheless, while waiting for the authorization to be issued, the worker may already enter Italy without the need for a visa and carry out work activities in Italy, provided that the permit issued by the other EU State is still valid.

The advantage of European mobility under the EU ICT system

The main benefit of the EU ICT mechanism lies in the creation of a uniform framework that facilitates the circulation of highly qualified workers within the European Union.

Multinational companies can therefore distribute expertise and personnel among different European branches through more streamlined procedures compared to traditional work immigration routes. At the same time, non-EU workers employed within international groups benefit from greater professional continuity and easier mobility within the European market.

The distinction between short-term and long-term mobility also makes it possible to adapt administrative obligations to the actual duration of the transfer, ensuring a balance between business needs and immigration controls.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.