EU ICT Directive and Others to be Implemented October 1

October 16, 2018 | Portugal

Several amendments to Portugal’s immigration law, published in August 2017, will be implemented on October 1, 2018, per a decree published on September 11, 2018. The amendments incorporate multiple European Union directives into Portugal’s law, namely, the Seasonal Workers Directive, the Students and Researchers Directive and, most notably, the Intra-Corporate Transfer (ICT) Directive and an ICT residence permit.

Requirements and Parameters

The EU ICT residence permit may be granted to non-EU managers, specialists or trainees who will be transferred to Portugal to a company in the same group as the sending company. Managers and specialists must have at least three to 12 months of continuous experience with the sending company, while trainees must have three to six months of continuous experience with the sending company.

Permits for managers and specialists are valid for up to three years total (issued in one year increments) while permits for trainees are valid for up to one year.

Intra-EU Mobility

A main benefit of the EU ICT residence permit is that it offers intra-EU mobility, the option for the holder to work for a company in the same corporate group in another EU member state for up to 90 days in a 180-day period. No additional work permit is required. Accordingly, holders of an EU ICT permit issued by Portugal may work in another EU member state for up to 90 days (a notification process may be required), and holders of an EU ICT permit issued by another member state may work in Portugal for up to 90 days.

For assignments of more than 90 days outside of Portugal, it may be necessary to obtain a “mobile ICT permit.” For assignments of more than 90 days in Portugal by a holder of an EU ICT permit issued outside of Portugal, a residence permit for long-term mobility can be obtained