The Tier 2 Intra-Company Transfer (ICT) Visa allows multinational companies to transfer skilled employees from their overseas branches to their UK offices. This visa is designed for individuals who are already employed by the company and are needed in the UK for specific roles that cannot be filled by local workers.
Overview of the Tier 2 ICT Visa’s Purpose
The primary purpose of the Tier 2 Intra-Company Transfer Visa is to facilitate the movement of employees within a global organization. It enables businesses to bring in talent for training, project work, or to fill critical vacancies, thereby enhancing operational efficiency and knowledge transfer across borders.
How the Tier 2 Intra-Company Transfer Visa differs from other visa categories
Unlike the Tier 2 General Visa, which allows UK employers to hire skilled workers from outside the UK without prior employment in the company, the Intra-Company Transfer Visa specifically targets existing employees of multinational firms. The Tier 5 visa, on the other hand, caters to temporary workers and does not typically lead to permanent residency, whereas most ICT visas also do not lead to settlement.
Who can benefit from the Tier 2 Intra-Company Transfer Visa?
Employees of multinational companies who have been working for their employer outside the UK can benefit from this visa. It is particularly advantageous for senior executives, specialists, and graduate trainees who are being transferred to enhance their skills or fulfill specific roles within the UK branch.
Eligibility Criteria for the Tier 2 Intra-Company Transfer Visa
Who can apply for the Tier 2 Intra-Company Transfer Visa?
To apply for a Tier 2 Intra-Company Transfer Visa, applicants must be employed by a multinational company that has a valid sponsorship license in the UK. They must have worked for their employer overseas for a specified period before transferring.
Requirements for the sponsoring employer
The sponsoring employer must be a licensed entity with a valid Tier 2 Sponsor Licence. They need to demonstrate that they have a genuine need for the employee’s skills and that no suitable local candidate is available.
Types of employees eligible for an Intra-Company Transfer Visa
Eligible employees include:
- Long-Term Staff: Employees transferred for more than 12 months.
- Short-Term Staff: Employees transferred for less than 12 months.
- Graduate Trainees: Recent graduates on structured training programs aimed at developing managerial or specialist skills.
Qualifications and experience required for the applicant
Applicants typically need at least a degree-level qualification or equivalent experience relevant to their role. For Graduate Trainee applicants, participation in a structured training program is essential.
Minimum salary thresholds for Intra-Company Transfer Visa applicants
Minimum salary thresholds vary:
- Long-Term Staff: Must earn at least £41,500 or meet the minimum salary requirement for their specific role.
- Short-Term Staff: Must earn more than £24,500 or meet role-specific minimums.
- Graduate Trainees: Must earn at least £23,000.
How the Tier 2 Intra-Company Transfer Visa Works for Employers
Employer responsibilities when sponsoring a Tier 2 Intra-Company Transfer Visa holder
Employers must ensure compliance with all sponsor duties, including monitoring employee status and reporting any changes in circumstances to UK Visas and Immigration (UKVI).
How employers apply for a sponsor license for the Intra-Company Transfer Visa
Employers must apply online through UKVI and provide documentation demonstrating their eligibility as a sponsor. This includes proof of business operations and compliance with immigration laws.
Role of the Certificate of Sponsorship (CoS) in the application process
The Certificate of Sponsorship (CoS) is crucial as it confirms that an employee has been offered a job by a licensed sponsor. It outlines details about the role and salary, which are essential for visa applications.
Importance of job descriptions and employment contracts
Accurate job descriptions and employment contracts are vital to ensure that roles meet Home Office requirements. These documents should clearly define responsibilities and salary details.
Ongoing sponsor duties and compliance
Once sponsorship is granted, employers must continue to monitor their sponsored employees’ compliance with visa conditions and report any changes in employment status or circumstances to UKVI.
Types of Tier 2 ICT Visas
- Long-Term Staff: For employees transferred to the UK for over 12 months.
- Short-Term Staff: For employees transferred to the UK for less than 12 months.
- Graduate Trainee: For graduate-level employees on a structured training program.
Each type has specific eligibility criteria and conditions regarding duration and salary requirements.
Application Process for the Tier 2 ICT Visa
- Step-by-step guide: Applicants should first secure a CoS from their employer before applying online through UKVI.
- Required documents: Essential documents include the CoS, proof of financial means, passport, and any necessary qualifications.
- Completing the online application: The application form must be filled out accurately, ensuring all required information is provided.
- Processing time: The processing time can vary but typically takes around three weeks.
- Costs involved: Applicants should budget for application fees, which vary depending on visa type, along with an Immigration Health Surcharge.
Salary and Job Requirements for the Tier 2 Intra-Company Transfer Visa
Minimum salary thresholds differ based on role type:
- Long-Term Staff: Minimum £41,500.
- Short-Term Staff: Minimum £24,500.
- Graduate Trainee: Minimum £23,000.
Salary assessment considers base salary plus any allowances that qualify as income under immigration rules. Job descriptions must align with Home Office standards regarding skill levels and coding systems.
Duration and Extension of the Tier 2 Intra-Company Transfer Visa
The validity period varies:
- Long-Term Staff: Up to five years (or nine years if earning above £120,000).
- Short-Term Staff: Up to one year.
- Graduate Trainee: Up to one year.
Extensions require meeting ongoing salary thresholds and maintaining employment continuity. After expiration, options may include transitioning to another visa category or leaving the UK based on immigration rules.
Changes to the Tier 2 Intra-Company Transfer Visa
In 2015, the Migration Advisory Committee (MAC) reviewed the Tier 2 ICT Visa and recommended changes. These led to the closure of two sub-categories: Skills Transfer and Short-Term Staff. Today, there are two main sub-categories with different eligibility criteria:
- Long-Term Staff: This allows for stays of up to five years and one month (or up to nine years for high earners, £120,000+).
- Graduate Trainee: This is for employees who are being transferred for training purposes, with a maximum stay of 12 months.
Eligibility for the Sponsoring Company
The company wishing to transfer an employee must meet several requirements:
- The company must have a valid Tier 2 Sponsor Licence and maintain compliance with immigration rules.
- The company must offer the employee an appropriate salary, which is at least £41,500 for long-term staff and £23,000 for graduate trainees.
Additionally, the company must provide evidence of the employee’s work history (such as an employment contract and payslips) and, if applicable, a letter of support to show they can cover the employee’s initial living costs for the first month in the UK.
Eligibility for the Employee
For the employee, the following criteria must be met to apply for a Tier 2 Intra-Company Transfer Visa:
- They must have a valid Certificate of Sponsorship (CoS) from their employer.
- They must meet the salary requirements for the job.
- They must show proof of personal savings (£945) and extra funds if they bring dependents.
- They must provide evidence of employment history showing at least 12 months with the company.
- If required, they must provide a tuberculosis test and travel history.
Benefits of the Tier 2 Intra-Company Transfer Visa
The Tier 2 Intra-Company Transfer Visa has many advantages for both companies and employees:
- Companies can bring skilled workers to help with specific projects or to set up new departments.
- Employees can live and work in the UK and enjoy the country’s rich culture, as well as easy access to Europe.
- The visa is valid for up to five years (or nine years for high earners), giving employees ample time to explore both personal and professional opportunities.
- Employees and their families can eventually apply for indefinite leave to remain in the UK.
Switching from a Tier 2 Intra-Company Transfer Visa to a Tier 2 General Visa
Can a Tier 2 Intra-Company Transfer Visa holder switch to a Tier 2 General visa?
Yes, a Tier 2 Intra-Company Transfer (ICT) visa holder can switch to a Tier 2 General visa, now referred to as the Skilled Worker visa, without having to leave the UK. This change is part of the UK’s new points-based immigration system, which has abolished the previous cooling-off period that required ICT visa holders to remain outside the UK for 12 months before switching.
Eligibility criteria for switching from ICT to Tier 2 General
To switch to the Skilled Worker visa, applicants must meet several eligibility criteria:
- They must have a valid Certificate of Sponsorship (CoS) from an approved UK employer for a role that meets the skill level and salary requirements.
- The job must be in an eligible occupation and meet the minimum salary threshold, which is generally set at £25,600 or the “going rate” for the specific job.
- Applicants must also satisfy English language requirements, which may not have been necessary when applying for the ICT visa.
Process of switching visas and potential hurdles
The process involves submitting an online application for the Skilled Worker visa while still in the UK. Applicants should gather necessary documents, including their CoS and proof of meeting salary requirements. Potential hurdles include ensuring that the new job meets all criteria and that there are no gaps in employment status during the transition.
Benefits of switching and the impact on career progression in the UK
Switching from a Tier 2 ICT visa to a Skilled Worker visa provides several benefits:
- Pathway to Settlement: Unlike the ICT visa, which does not lead to settlement, the Skilled Worker route allows individuals to apply for Indefinite Leave to Remain (ILR) after five years of continuous residence.
- Broader Employment Opportunities: The Skilled Worker visa permits holders to switch employers more easily within the UK labor market.
- Career Advancement: Transitioning to a Skilled Worker visa can enhance career prospects by allowing individuals to pursue roles that align better with their long-term career goals.
Limitations and Restrictions of the Tier 2 Intra-Company Transfer Visa
Work restrictions for Tier 2 Intra-Company Transfer Visa holders
Tier 2 ICT visa holders are limited in their ability to change jobs or employers. They can only work for their sponsoring employer in the role specified on their CoS. If they wish to change jobs, they must apply for a new visa.
Travel restrictions and family members’ rights (dependents)
ICT visa holders may face travel restrictions; specifically, they cannot leave and re-enter the UK if they wish to maintain their status. Dependents (spouse and children) can accompany them but have limited rights regarding work; dependents can apply for work but must adhere to specific conditions.
What happens if the ICT visa holder changes jobs or leaves the company?
If an ICT visa holder changes jobs or leaves their sponsoring company, they must apply for a new visa under a different category unless they are transferring within the same organization under another valid CoS. Failure to do so could result in losing their legal status in the UK.
The impact of leaving the UK before the visa expires
Leaving the UK before the visa expires does not automatically invalidate it; however, it may complicate future applications or switches if there is an extended absence.
Can an ICT Visa holder apply for settlement (Indefinite Leave to Remain)?
No, holders of a Tier 2 ICT visa cannot directly apply for settlement under this category. However, transitioning to a Skilled Worker visa can provide a pathway to ILR after meeting residency requirements.
How the Tier 2 Intra-Company Transfer Visa Affects Family Members
Can dependents (spouse, children) join a Tier 2 ICT Visa holder in the UK?
Yes, dependents can join a Tier 2 ICT Visa holder in the UK. They are granted visas that allow them to reside with the main applicant.
Rights of dependents (e.g., ability to work, study, and reside in the UK)
Dependents have the right to work and study in the UK. However, there may be restrictions on certain types of employment depending on their specific visa conditions.
How dependents can apply for their visas
Dependents can apply for their visas either at the same time as the main applicant or separately before their current visas expire. The application process typically requires submitting supporting documents proving their relationship and financial support.
Duration of dependents’ visas and the extension process
Dependents’ visas are usually granted for the same duration as that of the primary Tier 2 ICT Visa holder. They can apply for extensions simultaneously with the main applicant when needed.
Pros and Cons of the Tier 2 Intra-Company Transfer Visa
Advantages:
- No requirement to meet the Resident Labour Market Test.
- Easier transfer process for senior employees within multinational companies.
- Generally faster processing times compared to other work visas.
Disadvantages:
- The limited pathway towards permanent settlement in comparison with other routes.
- Dependents have restricted work rights compared to those accompanying holders of other types of visas.
Ideal candidates and businesses for the Tier 2 Intra-Company Transfer Visa
The ideal candidates are employees already working within multinational companies who require relocation to fill specific roles in UK branches. Businesses looking to transfer skilled personnel without undergoing lengthy recruitment processes will find this route advantageous.
Tier 2 Intra-Company Transfer Visa for Graduate Trainees
Specific conditions and eligibility criteria for the Graduate Trainee route
Graduate trainees must be recent graduates enrolled in structured training programs aimed at developing managerial or specialist skills within their organization. They must hold relevant qualifications and be sponsored by an eligible employer.
Differences between Graduate Trainee and Long-Term Staff routes
The Graduate Trainee route is specifically designed for those on training programs lasting up to one year, while Long-Term Staff visas cater to employees being transferred for over one year with different salary thresholds.
How graduate trainees benefit from the Tier 2 Intra-Company Transfer Visa
Graduate trainees gain valuable international experience while developing essential skills within their field. This exposure enhances their career prospects both within their company and across global markets.
Compliance and Reporting Responsibilities for Employers
Obligations of employers once a Tier 2 ICT Visa is granted
Employers must maintain accurate records of sponsored employees and ensure compliance with all immigration regulations throughout their employment period.
Reporting changes to the Home Office (e.g., change in employment, salary)
Employers are required to report significant changes regarding sponsored employees, such as changes in job roles or salary adjustments, within specified timeframes.
Conducting right-to-work checks and record-keeping
Employers must conduct right-to-work checks before hiring employees and maintain detailed records as part of compliance obligations.
Risk of sponsor license suspension or revocation for non-compliance
Failure to comply with reporting duties can lead to severe penalties including suspension or revocation of sponsorship licences, impacting future hiring capabilities.
Post-Brexit Considerations for Tier 2 ICT Visa Holders
How Brexit affects the Tier 2 ICT Visa system
Brexit has introduced new immigration rules that affect all non-UK nationals seeking work in Britain. The transition from free movement has led to stricter regulations governing all foreign workers, including those on Tier 2 ICT visas.
Impact of EU withdrawal on ICT visa holders
EU nationals now face similar requirements as non-EU workers when applying under this category. This includes meeting specific skill levels and salary thresholds previously not applicable under free movement rules.
New immigration rules for EU workers under the Tier 2 ICT visa
Under post-Brexit rules, EU workers must secure sponsorship from a licensed employer just like non-EU nationals. This marks a significant shift from prior arrangements allowing easier access for EU citizens.
Changes in application process and eligibility post-Brexit
The application process now requires all applicants—regardless of nationality—to meet uniform eligibility criteria under a points-based system, impacting how businesses approach hiring international talent.
Tier 2 Intra-Company Transfer Visa vs. Other UK Work Visas
Comparing Tier 2 ICT with other work visas, such as:
- Tier 2 General (Skilled Worker):
- Pathway: Leads towards a settlement; more flexible job options.
- Requirements: Must meet Resident Labour Market Test (now replaced by points).
- Tier 5 Temporary Worker:
- Duration: Short-term employment only; no route toward settlement.
- Purpose: Designed primarily for temporary roles rather than long-term transfers.
Understanding when it’s better to apply for a Tier 2 ICT visa instead of another work visa depends on factors like existing employment relationships, role requirements, and long-term career goals within an organization.
Case Studies and Examples of Tier 2 Intra-Company Transfer Visa Success
Real-world examples highlight how companies effectively utilized the Tier 2 ICT Visa:
- Multinational Corporations: Successfully transferred senior executives critical for operational continuity during expansions into new markets.
- Tech Firms: Leveraged this route to bring the specialized talent necessary for project completions that required immediate expertise.
- Individual Success Stories: Many individuals transitioned from an ICT role into Skilled Worker status after gaining experience in key positions leading toward eventual settlement applications.
Support and Resources for Tier 2 Intra-Company Transfer Visa Applicants
Resources available include:
- Legal Services: Specialized immigration lawyers provide guidance through complex application processes.
- Government Websites: Offer comprehensive information about eligibility requirements and application procedures.
- Immigration Advisers: Provide tailored advice based on individual circumstances related to migration policies.
Frequently Asked Questions (FAQ) About the Tier 2 Intra-Company Transfer Visa
Common queries often include:
- Can I switch my visa type?
- Yes, provided you meet eligibility criteria under new rules.
- What happens if I leave my job?
- You will need a new sponsorship if you change jobs; otherwise, your status may be compromised.
How Law and Visas Can Help
At Law and Visas, we can help both employers and employees navigate the Tier 2 Intra-Company Transfer Visa process. Applying for a visa can be complicated and time-consuming, so letting an expert handle the application can save you time and reduce stress.
Our experienced team of lawyers has helped many businesses successfully transfer employees to the UK. We are proud of our reputation and five-star ratings, offering our clients confidence that their immigration needs are in good hands.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
