This Point-based System enables overseas employers to offer roles their employees within a UK branch of the organisation.
There are 2 types of Tier 2 Intra-company Transfer (ICT) visa:
i. Long-term Staff
- Graduate Trainee
Long-term Staff ICT visas are for Applicants who have worked overseas for their employer for at least one year and are being transferred into a role that will last for more than 12 months which cannot be filled by a new UK recruit.
Graduate trainee ICT visas are for Applicants who have worked for their employer overseas for at least 3 months and are being transferred into graduate trainee programmes for specialist roles.
Tier 2 (ICT) visa Applicants must:
- Have a valid Certificate of Sponsorship from an organisation that holds a valid UK sponsorship licence in the UK confirming:
- that the job is at NQF level 6 or the equivalent
- that job will be paid at or above the appropriate rate
- Be competentin the English language to at least CEFR Level B1 level or equivalent.
- Have sufficient funds to support themselves and any dependants without recourse to public funds.
- Provide a TB test certificate if the Applicant from a specified country.
Appropriate salary rate
Long-term Staff Applicants must earn at least £41,500 or the ‘appropriate rate’ for the role as set out in the Sponsorship Codes of Practice for Skilled Workers (whichever is higher).
Long-term Staff who have worked for a their overseas employer for less than 12 months will need to be paid at least £73,900 per annum in order to work in the UK.
DURATION OF STAY
Long-term Staff earning more than £120,000 per year can extend their visas in this category for up to 9 years. Long-term Staff earning less than this amount per annum can extend their stay up to 5 years and 1 month.
Short term and Graduate Trainees can extend their visas in this category for up to 12 months.
Tier 2 (ICT) visa Applicants are permitted to:
- Work for the sponsor in the job described in the certificate of sponsorship
- Undertake voluntary work
- Study as long as it doesn’t interfere with the job the Applicant is being sponsored
- Travel abroad and return to the UK
- HaveFamily members (‘dependants’) accompany or join the Applicant in the UK
Tier 2 (ICT) visa Applicants are not permitted to:
- receive public funds
- start working before obtaining a visa.
In order to extend stay in the UK as a Tier 2 (ICT) migrant, an Applicant:
- Must have a valid Tier 2 (ICT) visa
- Must still be employed by the same employer for which leave was initially granted.
- Must have the same or a similar job to the one for which leave was initially granted.
- Must still earn the appropriate salary
- Must be able to maintain and accommodate themselves and any dependents without recourse to public funds.
SETTLEMENT IN THE UK
Some Tier 2 Applicants may qualify for settlement once they have had 5 years continuous leave in the UK however Tier 2 (ICT) Applicants who applied on or after 06/02/10 cannot qualify for settlement.
Tier 2 (ICT) Applicants can only apply for settlement if leave was granted under the Rules in place before 6 April 2010, or the Applicant was a Qualifying Work Permit Holder, provided that the work permit was granted because the Applicant was the subject of an Intra-Company Transfer.
Where a settlement Application is permitted Applicants will need to also demonstrate:
- Continuous lawful residence in the UK as a Tier 2(ICT) migrant or any of combination of specified categories
- No more than 180 days absence from the United Kingdom during each 12 months of the five year period
- That their services for the role recorded on your Certificate of Sponsorship are still required by the Sponsor for the foreseeable future
- That they are earning at least the appropriate rate for the job, as stated in the Codes of Practice
- That there are no general grounds for refusing the application
- That the Applicant has passed the Life in the UK test and holds an English speaking and listening qualification at level B1 or above.
HOW WE CAN HELP
Our experienced lawyers can help Applicants:
- Make an initial, extension or settlement applications (if applicable)
- Challenge decisions by way of Administrative Review or other appeal process
We will assist by:
- obtaining the complete facts of a case
- collecting relevant documents and information
- advising the best solutions
- preparing the application (including completion of forms)
- preparing covering submissions
- submitting the application(s) to the relevant authority
- communicating with the relevant authority until a decision is made
- advising about rights and entitlements following a decision
- providing follow up support and services
DESCARTES SOLICITORS is recognised as one of the leading multi-practice firms in the UK. Our specialist immigration team works closely companies to obtain Tier 2 sponsorship licences, entry clearance or with individuals and their dependant family members to obtain permission to enter or remain in the UK as Tier 2 (ICT) migrants
For advice and assistance with a Tier 2 (ICT) visa application or appeal, please contact our lawyers on 0208 995 3556/0844 556 9901 or e-mail firstname.lastname@example.org.
LINK TO UKVI GUIDANCE