What Is A Tier 2 (Intra-Company Transfer) Visa?

27 Nov 2018, 40 mins ago

The Tier 2 Intra Company Transfer (ICT) visa is generally used by multinational businesses wishing to transfer skilled migrants from an overseas office, subsidiary or sister company to fill a post in the UK-connected company, which cannot be filled by a worker settled in the UK.

Much like the Tier 2 (General) category, any company wishing to transfer an employee to the UK from a foreign branch must:

  • Obtain a Sponsor Licence; and
  • Issue a job offer and Certificate of Sponsorship to the prospective employee.

However, there is no requirement for the employer to advertise the position under the Resident Labour Market Test, and Tier 2 (ICT) visas are not subject to the same annual limit as other Tier 2 visas. Additionally a Tier 2 (ICT) visa applicant does not need to satisfy the English Language requirement.

The Tier 2 (ICT) visa incorporates two categories:

The “Long-Term Staff” category

This category allows the transfer of skilled employees for a period of between 12 months to five years, provided a UK settled worker cannot fill a post. This can be extended to nine years provided that the migrant is paid a salary of more than £120,000 per annum.

In order to qualify, the applicant must have worked for the foreign branch of the multinational company for at least 12 months prior to the date of the application and receive an annual salary of at least £41,500.00 – or the relevant rate for the required job as set out in the Code of Practice, whichever is higher.

The “Graduate Trainee” category

This category allows recent international graduate employees to be transferred to a UK branch of a multinational company as part of a graduate training programme. The programme must clearly define a progression towards a managerial or specialist role.

In order to qualify, the applicant must be a recent graduate with at least three months experience in a foreign branch of the multinational company and they must receive an annual salary of at least £23,000.00.

Additionally, all applicants must satisfy the maintenance requirement for themselves and any dependants joining them. In most circumstances, this means they must evidence at least £945.00 in savings, although if the multinational company is an A-rated sponsor, this may not apply.

It is important to note that Tier 2 (ICT) visas do not lead to settlement.

Gherson has extensive experience dealing with Tier 2 (ICT) visas, including Sponsor Licences. Should you have any enquiries, please do not hesitate to contact us.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2018