Tier 2 Intra Company Transfer (ICT) Visa: Is it Right Solution For Your Company?
Tier 2 IntraCompany Transfer (ICT) Visa provides a route for multi-national companies based abroad for transferring staff who have worked for the organisation for at least a year, to a UK branch.
Many Tier 2 Intra-Company Transfer Visa applicants are from India, with tech companies making use of the route to transfer high-skilled staff to their UK offices. Britain has established itself as a world leader in the technology sector, with hubs including the Silicon Roundabout in London’s East End and the Northern Powerhouse. Being able to transfer experienced, highly skilled workers is essential to ensuring UK branch offices can scale-up and meet their client’s demands.
Sending a staff member to the UK is a significant investment for all involved, in terms of money, time-commitment and (for the person being transferred), emotionally. Therefore, it is imperative both the requirements of a Tier 2 Intra-Company Transfer Visa, and its advantages are fully understood. This gives HR directors and/or department heads the confidence to persuade a suitable candidate for the opportunities the Tier 2 Intra-Company Transfer route can provide and sell the idea to any reluctant senior managers.
A full review of the Tier 2 Intra-Company Transfer Visa was done by the Migration Advisory Committee (MAC) who published their report in December 2015. MAC’s recommendations led to the closing of two sub-categories (Skills Transfer, in relation to any CoS assigned on or after 24 November 2016, and Short-Term Staff, in relation to any CoS assigned on or after 6 April 2017). As a result, there are now two separate intra-company transfer sub-categories which have different eligibility criteria. These are:
- Long Term Staff—under this sub-category, entry clearance and any extensions of stay can be granted up to a maximum of five years and one month (unless the employee will earn a gross annual salary of at least £120,000, in which case the maximum period of stay is nine years), and;
- Graduate Trainee—under this sub-category entry clearance and any extensions of stay can be granted up to a maximum of 12 months
The Sponsoring Company’s Eligibility Requirements for a Tier 2 Intra-Company
Many of the eligibility requirements for a Tier 2 Intra-Company Transfer Visa fall on the organisation rather than the individual being sent to the UK; firstly, the organisation must have a valid Tier 2 Sponsor Licence and ensure compliance is strictly achieved and maintained. In addition, you need to pay an ‘appropriate salary’ for the position. This is either the ‘appropriate rate’ for the type of job offered or the minimum salary for a Tier 2 Intra-Company Transfer Visa which is £41,500 for long-term staff and £23,000 for a graduate trainee.
HR directors or managers will need to provide documents such as an employment contract and payslips as evidence the person they are sending to Britain has been employed by the organisation for at least 12 months. In addition, if the organisation has an A-rating on their Sponsor Licence, they may wish to supply a letter which states they will support the employee and their family for the first month until they are paid. If this is not done, the employee will need to provide savings of £945 plus an additional £630 for each dependent if they are bringing family members with them.
The Immigration Skills Charge will also need to be paid unless the employee is entering the UK on Tier 2 (Intra-company Transfer) Graduate Trainee Visa.
Eligibility Requirements for the Employee to Apply for Tier 2 Intra-Company Transfer Visa
To be granted entry-clearance via the Tier 2 Intra-Company transfer route, the employee must have:
- a valid Certificate of Sponsorship (CoS) from an employer with a Tier 2 Sponsor Licence
- an ‘appropriate salary’ for the job
- personal savings of £945plus £630 for each dependent family member in order to support themselves for the first month
- proof they can travel and their travel history over the last five years
- tuberculosis test results (if required)
- proof they have worked for their employer outside the UK for at least 12 months
The Advantages of Tier 2 Intra-Company Transfer Visa
The Tier 2 Intra-Company Transfer Visa provides a wealth of advantages for the company as well as the applicant. The company is provided with a clear-cut route which they can utilise to transfer talent to their British offices to work on specific projects or set up new departments.
In addition to living and working in the UK, an employee on this route can enjoy its rich culture and will benefit from the close proximity to Europe. Employees can also bring their family with them. As the visa can last for five years (nine years if the employee is being paid over £120,000 per year), there is plenty of time to experience everything the UK has to offer while pursuing personal and professional ambitions. Eventually, you and your dependents can apply for indefinite leave to remain.
How can A Y & J Solicitors Assist With Your Tier 2 Intra-Company Transfer Visa
At A Y & J Solicitors we can assist both the employer and employee with applying for a Tier 2 Intra-Company Transfer Visa. Trying to apply for a foreign visa can be time-consuming and complex. By handing over the application process to a professional, HR Directors and/or managers can be confident that all immigration matters are being taken care of and they can concentrate on other tasks.
We have a team of experienced, multi-lingual lawyers who have assisted countless organisations in organising intra-company transfers to the UK. Our clients are assured by our five-star Trustpilot rating, which provides them with confidence that their matter is being managed effectively.
To take advantage of Tier 2 Intra-Company Transfer route to send skilled workers to your organisation’s UK offices, contact our business immigration lawyers today.
A Y & J Solicitors are specialists in immigration law and it is based in central London. If you would like to have more information, please email us at firstname.lastname@example.org or call +44 20 7404 7933.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.