November 29, 2022

Short- term mobility for the purpose of intra-corporate transfer

Following UK’s withdrawal from the European Union and the end of transition period, from 01/01/2021 British nationals shall be subject to the provisions of the Immigration and Social Integration Code (Law 4251/2014, Α’ 80), which includes the provisions on entry and residence of third-country nationals within Greek territory.

The «Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, on the one hand, and the United Kingdom of Great Britain and Northern Ireland, on the other» regulates short-term mobility issues for the purposes of intra-corporate transfer.

All requirements provided for by the legislation of a Party concerning then try and temporary residence of persons, including legislative and regulatory provisions on the period of residence, shall continue to apply, to the extent thatin the above mentioned Agreement no commitments are undertaken. Moreover, all requirements provided for by the legislation of a Party concerning labour and social security measures, as well as legislative and regulatory provisions on minimum salaries and labour collective agreements shall continue to apply.

Accordingtoournationallegislation, Intra-corporate transfer means

  • The temporary secondment for occupational or training purposes of a third-country national
  • who, at the time of application for an intra-corporate transferee permit, resides outside the territory of the EU Member States,
  • from an undertaking established outside the territory of a Member Stateand
  • to which the third- country national is bound by a work contract prior to and during the transfer, to an entity belonging to the undertaking or to the same group of undertakings which is established in Greece, and, where applicable, the mobility between host entities established in one or several second Member States.

It applies to third-country nationals who:

  1. a) apply for entry and residence permit in the Greek territory in the framework of intra-corporate transfer and have been granted anintra-corporate transfervisa or
  2. b) have been accepted in Greece in the framework of intra-corporate transfer as managers, specialists or trainee employees.

Manager means: a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent. Such position shall include: directing the host entity or a department or subdivision of the host entity; supervising and controlling work of the other supervisory, professional or managerial employees; having the authority to recommend hiring, dismissing or other personnel action.

Specialist means:a person working within the group of undertakings possessing specialised knowledge essential to the host entity’s areas of activity, techniques or management. In assessing such knowledge, account shall be taken not only of knowledge specific to the host entity,but also of whether the person has a high level of qualification referring to a type of work or activity requiring specific technical knowledge, including adequate professional experience and possible membership of an accredited profession.

Traineeemployeemeans: a person with a university degree who is transferred to a host entity for career development purposes or in order to obtain training in business techniques or methods, and is paid during the transfer.

During the intra-corporate transfer, all terms and conditions of employment, other than remuneration, applicable to workers in a similar situation, in the relevant occupational branches, that are laid down by the Greek labour law (laws, decrees, ministerial decisions), the national general labour collective agreement as well as labour collective agreements in force or arbitral awards declared universally binding, under article 11 of Law 1876/1990 (Α’ 27), shall also apply to third-country nationals.

Theremunerationgrantedtothethird-countrynationalduringtheentireintra-corporatetransferisnotlessfavourablethanthe remuneration granted to Greek nationals occupying comparable positions, in accordance with applicable laws and collective agreements or arbitral awards.

The maximum duration of the intra-corporate transfer,including mobility between Member States,maynotbemorethanthree (3) yearsformanagers and specialists and one (1) year for trainee employees. After the expiry of the intra-corporate transferee permit, theintra-corporatetransfereesshallleavetheterritoryofGreece.

Applicationsforintra-corporatetransfereepermitshall be submitted to the relevant authority of the Ministry of Immigration and Asylum.

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