TIER 2 INTRA-COMPANY TRANSFER VISA
The Tier 2 Intra-Company Transfer visa category is for existing employees of multinational employers who need to be transferred to their UK branch for training purposes or to fill a specific vacancy. You will need to have an offer of employment in the UK from a licensed Tier 2 Sponsor before applying for a visa and the overseas employer must be linked by common ownership or control to the UK branch.
What are the main eligibility requirements for a Tier 2 Intra-Company Transfer visa?
There are currently two open sub-categories of the Tier 2 Intra-Company Transfer visa: Long-term Staff and Graduate Trainee.
If you are applying in the Long-term Staff sub-category then you must have worked for your employer overseas for at least 12 months, unless you will earn £73,900 or more in the UK.
If you are applying in the Graduate Trainee subcategory then you will need to show that the role you are applying for is part of a structured graduate training programme, with clearly defined progression towards a managerial or specialist role within the organisation. Each Sponsor can only sponsor 20 people in this category per year.
You will need to show that you have a job offer in the UK from an employer that holds a Tier 2 Sponsor License. The organisation you are transferring from must be listed as a linked entity on your Sponsor’s licence.
The job you are sponsored for must be at least graduate level or a specified creative profession, as well as on the Home Office’s list of skilled occupations.
If you are applying in the Long-term Staff sub-category then you must be paid a minimum of £41,500 per year, or the minimum for your exact job, whichever is higher.
If you are applying in the Graduate Trainee sub-category then you must be paid a minimum of £23,000 per year, or the minimum for your exact job, whichever is higher.
You will need to have enough money to support yourself without relying on public funds.
What else do I need to know about the Tier 2 Intra-Company Transfer visa?
The maximum stay for the Long-term Staff sub-category of the Tier 2 Intra-Company Transfer visa is either 9 years (if you earn more than £120,000 per year) or 5 years, 1 month (if you earn less than £120,000 per year) or the time given on your certificate of sponsorship plus one month, whichever is shorter.
The maximum stay for the Graduate Trainee sub-category of the Tier 2 Intra-Company Transfer visa is 12 months or the time given on your certificate of sponsorship plus one month, whichever is shorter.
You will be able to work for your sponsor in the job described in your certificate of sponsorship and do a second job in the same profession and at the same level as your main job for up to 20 hours per week.
Your partner and any children under the age of 18 may accompany you as your dependents.
You can include some allowances to demonstrate that you meet the minimum salary criteria, as long as they would also be paid to a settled worker.
If you have held a Tier 2 visa in the last 12 months you may be subject to the ‘cooling off period’. You will not normally be able to apply to re-enter the UK in this category from overseas during this period. You will be exempt if you will be earning at least £120,000. You will also be exempt if you previously had leave in the Graduate Trainee or (now closed) Skills Transfer or Short-term Staff sub-category and are returning in Tier 2 Intra-Company Transfer Long Term Staff.
You cannot settle permanently in the UK, unless you applied for a Tier 2 Intra-Company Transfer visa before 6 April 2011.
How our immigration barristers can help
Our team of business immigration barristers has experience in assisting employers and skilled workers across a variety of industries in companies of all sizes. Our barristers can help you with planning to ensure that you meet your start date and ensure that your career progression will fit your immigration goals.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to employees of multinational employers as part of a professional and friendly service.
WE CAN ALSO ASSIST WITH
Obtaining a Tier 2 Sponsor Licence
Your employer will need to have a Tier 2 Sponsor Licence before you can apply for a Tier 2 Intra-Company Transfer visa. Our immigration barristers can guide your employer through the process and work with them to ensure that they obtain a Sponsor Licence in time for you to start work.
Updating corporate structures and governance with the Home Office
If you are an employer, mergers, acquisitions and sales of the business all need to be reported to the Home Office. You may also need to take action for your sponsored migrants. It is crucial that the corporate structure of the business is regularly updated on the Sponsor Management System. If this does not reflect the current organisation, it can result in a transfer being refused. We can assist you to update your licence, even if there has been a delay in reporting.
Completing a Certificate of Sponsorship
It is important to get the Certificate of Sponsorship correct. If it requires amendments then this can cause delays to your visa application. Our immigration barristers can help your employer to draft the Certificate of Sponsorship and ensure that it is compliant before it is assigned to you.
Compliance and record-keeping
The Home Office requires sponsors to keep on top of a vast amount of guidance and in a busy organisation it is easy to fall behind. We can provide comprehensive advice on all aspects of the Sponsor Guidance. We also offer an Immigration Audit service, where we will audit your current processes and suggest where improvements could be made.
Remedying problems with your Sponsor
If your sponsor terminates your employment for any reason (including if the organisation closes), or is not keeping to the terms of your sponsorship, then we can provide advice on how to regularise your stay.
Sponsor Licence downgrades, suspensions and revocations
If the Home Office suspect that your sponsor has not complied with their sponsor duties, their sponsor licence may be suspended. After this it may be downgraded or revoked. Our immigration barristers can assist your sponsor in challenging the decision and explore your options for alternative routes to remain in the UK with you.
Applications for extension of stay as a Tier 2 Intra-Company Transfer migrant
If you were granted your first Tier 2 Intra-Company Transfer visa under the Immigration Rules in place before 6 April 2011 then there is no limit on your stay, providing that you continue to be sponsored by the same employer.
If you were granted your first Tier 2 Intra-Company Transfer visa under the Immigration Rules in place from 6 April 2011 then your visa can be valid for up to five years, depending on the length of your job. If your visa is granted for less than this period and you are still required for the job, then you can extend your stay in the UK up to a maximum of five years. If your salary is £120,000 or more then the limit on your stay is nine years.
Applications for settlement as a Tier 2 Intra-Company Transfer migrant
If you were granted your first Tier 2 Intra-Company Transfer visa under the Immigration Rules in place before 6 April 2010 then you may be eligible for settlement. Your employer will need to certify that they continue to require you for your job and will continue to pay you at the same level.
If you were granted your first Tier 2 Intra-Company Transfer visa under the Immigration Rules in place from 6 April 2010 but before 6 April 2011 then you will not be eligible for settlement in the UK as a Tier 2 Migrant. However, you may be eligible to extend your visa until you qualify for settlement on the basis of Long Residence.
If you were granted your first Tier 2 Intra-Company Transfer visa under the Immigration Rules in place from 6 April 2011 then you will not be eligible for settlement in the UK.
Applications for Tier 2 (General) visas
The Tier 2 General category is for individuals who have an offer of a skilled job in the UK from a licensed Tier 2 Sponsor. This category includes applicants coming to the UK to fill shortage occupations. You will need to have an offer of employment before applying for a visa.
Fresh applications, Administrative reviews and Judicial reviews for Tier 2 ICT migrants
If your application for entry clearance, leave to remain or settlement as a Tier 2 Intra-Company Transfer Migrant has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.