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Tier 2 (Intra-Company Transfer)
The Tier 2 (Intra-Company Transfer), also referred to as Tier 2 (ICT), category of the points-based system (PBS) is designed for employees of multinational companies who wish to be transferred to a UK brand of the organisation, either on a long-term basis or for frequent short visits.
As specialists in UK immigration law, JMW can offer a full service to clients that require advice and assistance with their Tier 2 visa applications.
If you would like to know more about the Tier 2 (Intra-Company Transfer) process, contact us by calling 0203 675 7600, or by filling in our online enquiry form to let us know you would like a call back.
How JMW Can Help
The UK government has laid down stringent requirements in relation to Tier 2 (ICT) applications, which must be met. Due to our extensive contacts within the Home Office and visa-issuing posts worldwide, we are well-positioned to successfully and expeditiously manage these applications ensuring the swift movement of workers to the UK.
Our experienced team of immigration solicitors will prepare all documentation and liaise with the Home Office regularly to ensure a successful outcome. We can also work with your employers to ensure they understand the process and have correctly assigned a certificate of sponsorship to you.
With our office conveniently located in the city of London, we can assist clients based within the UK, as well as those based abroad. We are able to provide services, including a document checking service, assistance with entry clearance applications abroad, and applications for further leave to remain in the UK.
To find out more about obtaining a sponsor licence and how we can help, download our Guide to Employing Overseas Workers brochure.
Tier 2 (Intra-Company Transfer) Categories
The Tier 2 (ICT) visa is divided into two subcategories:
This category is for established, skilled employees to be transferred to the UK branch of their organisation for more than 12 months to fill a post that cannot be filled by a new recruit from the resident workforce.
Workers must be paid a minimum salary of £41,500 or the minimum level specified by the Home Office for the relevant job. Where the salary is above £73,900, workers do not need to have been employed at a company for more than 12 months prior to entering the UK as a Tier 2 (ICT) migrant.
This route allows the transfer of recent graduate employees to a UK branch of the same organisation, as part of a structured graduate training programme, which clearly defines progression towards a managerial or specialist role. Graduates must be paid a minimum salary of £34,000 or the minimum level specified by the Home Office for the relevant job.
As with all Tier 2 categories, the (Intra-Company Transfer) route is an employer-led process. Before applying, workers must have a valid certificate of sponsorship issued by a sponsor that has a valid PBS sponsor licence.
Points are awarded to applicants in consideration of having a valid certificate of sponsorship, salary and maintenance.
How long can employees remain in the UK under a Tier 2 (Intra-Company Transfer) visa?
Workers are permitted to remain in the UK under a Tier 2 (Intra-Company Transfer) visa for a maximum of five years, following which they would be required to return back to their country of origin, unless their annual salary is above £120,000, in which case they would be permitted to remain in the UK for a maximum of nine years.
What is the cooling-off period and how does it apply?
If you have been in the UK under a Tier 2 (Intra-Company Transfer) long-term migrant visa for five years (or a total of nine years where your salary is above £120,000), you would be subject to a 12-month cooling-off period before you would be able to return to the UK.
Only where you have been assigned a certificate of sponsorship for less than three months would the cooling-off period not apply.
Do workers qualify for settlement in the UK?
Under the Tier 2 (Intra-Company Transfer) category, it is not possible for employees to qualify for settlement in the UK. Workers would only be permitted to remain in the UK for a maximum of five years (or nine years if your salary is above £120,000).
Can family members join workers as dependants?
If an application is successful, dependants (i.e. children under 18 years of age and/or husband, wife, civil partner, unmarried partner or same-sex partner) can apply for permission to join a worker or further remain in the UK.
Can dependants work while in the UK?
Dependants are allowed to work, although they may not be allowed to work as a doctor in training. Children would be permitted to attend public schools in the UK.
How long does it take the Home Office to process an application?
Processing times vary depending on whether an application is made in the UK or abroad. For applications submitted in the UK and via post, cases can take an average of eight weeks to be processed. Those opting for the Home Office Priority Service will be able to have an application considered within five working days or 24 hours from the date of biometric enrolment.
When making an application abroad, processing times can vary with different British embassies around the world, although there may be the option of a priority service on your application.