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Tier 2 Intra-Company Transfers: definition of the term ‘directly replacing’

11 January 2010

The Guidance for Sponsor applications - Tier 2, Tier 4 and Tier 5 of the Points-Based System - Paragraph 171 states:

Migrants entering the United Kingdom under Tier 2 Intra-Company Transfer must not be 'directly replacing' a settled worker and with the intention of Tier 2.

The UKBA policy team has now confirmed that as long as the position to be filled is not one that would normally be filled by a resident worker, and the original incumbent is not removed to make way for the new employee, it will meet Tier 2 (ICT) criteria.

 

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