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Tier 2 Intra-Company Transfer

Intra-Company Transfer

Tier 2 Intra-Company Transfer

Tier 2 Intra-Company Transfer

You can bring your existing employees to your UK branch for training or to fill a specific vacancy that cannot be filled by a settled worker in the UK. You will be a multinational employer and your branches are linked by common ownership or control.

There are now three sub-categories of Intra-Company Transfer left:

  1. Long Term Staff category – if your employee has been working for you for at least one year (unless their salary in the UK will be £73,900 or more per year) and being transferred to the UK branch to fill a post which cannot be filled by a settled worker in the UK. You can bring your employee in this category to stay in the UK for up to 5 years. If the employee is a high earner, s/he can stay in the UK for up to 9 years;

 

  1. Short Term Staff category – as above, only your employee can stay in the UK for a maximum of 12 months. You can only apply in this category, if you assigned their Certificate of Sponsorship on or before 5 April 2017. This route closed on 6 April 2017;

 

  1. Graduate Trainee category – if your employee is a recent graduate recruit and you are transferring him/her to the UK for training. The employee must have been employed by you as part of a graduate training programme for at least 3 months. You can bring your employee to stay in the UK only for up to 12 months.

When you issue the Certificate of Sponsorship to your employee, it must confirm that their job is at RQF level 6 as stated in the codes of practice or the job is a creative occupation skilled to RQF level 4. The Certificate of Sponsorship must also confirm that they will be paid at or above the appropriate rate for the job as set out in Appendix J of the Immigration Rules.

When applying for entry clearance or leave to remain, the Home Office will assess your employee under the Genuine Vacancy requirement. The Home Office must be satisfied that the employee is being sponsored to undertake a genuine role and is appropriately qualified to undertake the role for which the Certificate of Sponsorship was assigned. You or your employee may be asked additional evidence to that effect.

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