Conditions linked to the person
The new regulation is only applicable to third-country nationals, not to EU-citizens.
The third-country national must always reside outside the Union at the time of application.
The following categories of workers can benefit from an intra-corporate transfer: managers, specialists and trainees.
The third-country national must come to work for an entity of the same undertaking or undertaking of the same group, established in Belgium, as the undertaking established abroad with which he is and will remain bound during the whole transfer by a work contract.
Conditions for the undertaking
The new regulation only targets multinational groups that have entities belonging to the same undertaking or undertakings belonging to the same group of undertakings, both outside and inside the Union..
The undertaking in Belgium must already have been established in accordance with national law. The legal form of the undertaking is irrelevant. It must not have been established primarily to facilitate the entry of intra-corporate transferees.
Two or more undertakings are recognized as linked under national law if:
- an undertaking, in relation to another undertaking directly or indirectly, holds a majority of that undertaking's subscribed capital;
- an undertaking, in relation to another undertaking directly or indirectly, controls a majority of the votes attached to that undertaking's issued share capital;
- an undertaking, in relation to another undertaking directly or indirectly, is entitled to appoint more than half of the members of that undertaking's administrative, management or supervisory body;
- the undertakings are managed on a unified basis by the parent undertaking.