Frequently asked ques­tions about ICT permits

A host company is a company established outside the EU/EEA and Switzerland. The host company should also be established in Sweden and be a unit that belongs to the same company, or to a company within the same corporate group. It is not important in what legal form the company is operated. The host company can therefore be operated as, for example, a limited liability company or a general partnership.

The term “remuneration” has a broader meaning than the term “wages”. “Wages” normally refers to basic wages and certain supplements the employee may be entitled to: for example, an additional amount for working unsociable hours, or overtime payment. The term “remuneration” includes the wages themselves and other payments that are typically included in wages for employees in Sweden in a comparable position. What is included in the remuneration can therefore vary depending on the industry. In order to assess an application, the Swedish Migration Agency has to check the collective agreement or what is customary for the industry in question.

You need to show that you have taken out or applied for a comprehensive health insurance policy that covers health and medical care in Sweden in order to be granted an ICT permit. You need a comprehensive health insurance if you should need medical care during your stay in Sweden.

If you are applying for a permit for a shorter term than one year, the health insurance must cover the whole period. If you are applying for a permit for a longer period than one year, you will be able to be entered into the population register and be covered by the Swedish health insurance system. In this case too, you will need to show that you have taken out or applied for health insurance for three months, to cover the time until you are entered into the population register.

Your health insurance should cover the costs of emergency as well as other health care, and also hospitalization and transport to your home country for medical reasons, if necessary.

Your employer must take out insurances for you. You should therefore be covered by occupational injury insurance, occupational pension insurance, health insurance and life insurance through your employer.

In addition to these insurances you need to apply for a comprehensive health insurance that covers health and medical care in Sweden if you should need it. Read more in the questions Why do I need a comprehensive health insurance? and What is a comprehensive health insurance?

All ICT applications should be processed within 90 days. If the application requires supplemental information, it may take longer than 90 days.

If you have, or have applied for, an ICT permit, or have an extended-stay mobility ICT permit, you must notify the Swedish Migration Agency if anything changes that affects the terms of the permit. It might be, for example, that you are not receiving the remuneration you were offered, or your terms of employment are downgraded.

If you do not report changes that affect the terms of the permit, your application for a permit or extension of a permit may be rejected, your permit may be withdrawn, or you may, in the worst case, be fined or imprisoned for up to six months.

A host company must also inform the Swedish Migration Agency of changes that affect the terms of extended-stay mobility ICT permits.

No. The Swedish Migration Agency may not grant a work permit, according to Chapter 6, Sec. 2 of the Aliens Act, if you intend to work in Sweden on an ICT permit.

An exception to this is if you are going to work in Sweden for less than 90 days. In such a case, you can get a work permit in accordance with the national regulations.

You may not be granted an ICT permit if you

• reside in the EU. You are usually considered as resident in the EU if you have a residence permit in another EU country on grounds other than to visit
  
• are an EEA citizen or a citizen of Switzerland
  
• are a visiting researcher
  
• have been posted by a company that is established in an EEA state or Switzerland, in accordance with the Act (1999:678) on the Posting of Employees.
  
• are a student
  
• are hired out by an employment agency, a staffing company or another company to work under the supervision and management of another company.

If you have an employment with another employer, or have a local position with the host company where you are or have been a group employee, you can submit your application for a work permit while you are in Sweden. In such cases, the application is examined in accordance with the national rules and not the ICT provisions.

Read more about the requirements for work permits

If you have submitted your application before your previous permit has expired, you may continue to work in Sweden while the Swedish Migration Agency considers your application.

If you leave Sweden and apply for a new permit from a country outside the EU/EEA, you may be granted a new ICT permit provided that you fulfil the conditions. You may not apply from Sweden, as you have already had a permit for three years.

You can thus be transferred to Sweden within the company several times, but after you have had an ICT permit for three consecutive years you must travel from Sweden and the EU/EEA to apply for a new ICT permit.

No, an ICT permit cannot be extended for longer than three years. If you wish to apply for a new ICT permit after three years, you must leave the EU/EEA and then reapply.

No, you can apply for a new ICT permit as soon as the previous permit expires and you have left the EU/EEA. The application for a new ICT permit cannot be granted until the previous ICT permit expires.

If you have had a work permit and worked for a total of four years over the past seven years, you may be granted a permanent residence permit. You can count the time you have had your ICT permit as part of the total permit period.

When the Swedish Migration Agency examines an application for a permanent residence permit, the Swedish Migration Agency verifies, among other things, that you have been in Sweden and carried out work for which you had a permit, during the period for which you had a permit for work in Sweden.

If you have had an ICT permit for three years, the requirements for obtaining a permanent residence permit are not fulfilled. Permanent residence permits may only be granted after you have had a permit for work in Sweden for four years.

If you have had an ICT permit for three years and then received a new ICT permit for two years, the question of permanent residence permit will only be examined after your two-year permit has expired. Please note that you need to submit the application for an extended ICT permit before the previous permit expires.

Yes.

Yes, if the Swedish Migration Agency rejects your application, you can appeal to a migration court. You will be advised on how to make an appeal in the decision documentation that you receive.

If you have an ICT permit for another EU country and you intend to work in Sweden, you must apply for an extended-stay mobility ICT permit if your stay in Sweden is longer than 90 days over a 180-day period.

You must enclose a copy of your residence permit card with your application. The card must confirm that you have an ICT permit.

As you have an ICT permit for an EU country, you may enter, stay and work in Sweden for a maximum of 90 days over a 180-day period. The company in Sweden should be a department that is a part of the same company, or a company within the same corporate group as the company that is established in the EU country where you work. Your permit for Spain must be valid for the entire period you will be staying and working in Sweden.

You will need to apply for an ICT permit in the EU country in which you will be working the longest. You can then use your right to mobility to stay in Sweden. This means that you may work in Sweden for 90 days over a 180-day period. If your work in Sweden lasts longer than 90 days, you may apply for an extended-stay mobility ICT permit.

As long as your permit for the other EU country is valid, you may work in Sweden for the period during which the Swedish Migration Agency is considering your application.

If you have an ICT permit that was issued in Sweden and apply for an extended-stay mobility ICT permit in another EU country, and your application is rejected, you should return to Sweden. This also applies if the EU country does not want you to stay in the country to work for a brief period, or if your ICT permit has expired or is withdrawn. The other EU country must demand that you leave the country.

When you have returned, you have the right to remain in Sweden for the remainder of the period of the permit, and may then apply for an extension of the permit period or for a national residence permit and work permit. If the permit period has expired and you no longer have a permit that entitles you to remain in Sweden, you may still remain in Sweden for three months. If you wish to apply for a new permit, you must leave Sweden.

This also applies to the members of your family.

People who reside within the EU are not covered by the regulations on ICT permits. If you still live in Sweden, the Swedish Migration Agency will consider your application for extension in accordance with the rules set out in chapter six, section two of the Aliens Act. If you no longer live in Sweden and have travelled back to your country of origin, then you will be covered by the rules on ICT permits. If you are only in your country of origin for a shorter period (for example a holiday) then the Swedish Migration Agency will consider your application in accordance with chapter six, section 2 of the Aliens Act.

If you are specialist within an established group and you are coming to work in Sweden for more than 90 days, then you are covered by the ICT regulations. This means that you need to apply for an ICT permit before you travel to Sweden. If you are going to work for a period of less than 90 days, then you do not need an ICT permit or a work permit. If you need a visa to enter Sweden, then you will need to apply for a visa.

If you already have an ICT permit in another EU country, you can work in Sweden for a maximum of 90 days over a period of 180 days without applying for a permit. If you are going to work for a longer period of time, then you must apply for an extended-stay mobility ICT permit.

Yes, your family may also apply for and be granted a residence and work permit. A husband, wife, cohabiting partner, registered partner and unmarried children under 18 all count as family members.

If you are an employee with an ICT permit and want your family to live with you, you are covered by a maintenance requirement. This means that you must have an income that covers the cost of living and living expenses for yourself and your family members. The maintenance requirement does not apply when you and your family apply for an extension.

Read more about maintenance requirements for employees

A child who has previously had a residence permit as a family member, but who has turned 18 by the time of the application for an extension, is no longer able to get a residence permit as a family member.

Family members of persons who have an ICT permit will be granted a residence permit for the same period of time as you. If you leave the EU/EEA to apply for a new ICT period, your family also needs to leave the country, as they too must apply for a permit and have it granted before entry.