Intra - Company Transfers
The Intra-Company Transfers category (ICT) allows multi-national employers to transfer overseas employees to fill a specific position that they might have been unable to fill with the local resident workforce.
Due to the specific nature of the intra-company transfers (ICT), the Resident Labour Market Test is not required for this category. However, you will have to meet other unique requirements applying to all three sub-categories in order to qualify.
On 6 April 2010, new Immigration Rules category came into force and as a result the ICT category was divided into 3 sub-categories: the “Established staff” category is for the overseas employees who have been employed for at least 12 months, whilst the “Graduate trainees” or “Skills transfers” categories will allow companies to transfer their international staff to the UK, albeit for shorter contracts of respectively 12 and 6 months.
ESTABLISHED STAFF
This sub-category is for established employees who are being transferred to the UK to fill a post which cannot be filled by a settled worker. You will be required to show that you have been working for the sponsoring company for at least 12 months prior to the application either outside of the UK or in the UK under the ICT work permit/ Tier 2, or Representative of an Overseas Business category.
Time spent in the UK under one of the other sub-categories will not count towards the qualifying period of 12 months employment.
GRADUATE TRAINEE
This category is specifically designed to allow organisations to transfer the very best graduate recruits who are on accelerated promotion schemes to the organisation’s branch in the UK for the purpose of training.
In order to meet the criteria you must have been employed outside of the United Kingdom by the sponsoring organisation for a minimum of three months directly prior to coming to the UK. Additionally, you must be working in graduate occupations and coming to the UK as part of a structured graduate training programme with clearly defined progression towards a managerial or specialist role within the organisation.
In this sub-category a sponsoring company in the UK can transfer up to 5 graduate trainees during a financial year.
SKILLS TRANSFER
This sub-category allows overseas employees to transfer to a UK branch of a multi-national organisation to acquire the skills and knowledge needed to perform their role overseas, or to impart their specialist skills and train the UK workforce. Unlike the other two sub-categories skills transfer does not require a minimum period of employment and if successful you will be granted leave to enter for up to 6 months.
The sole purpose of your transfer must be to acquire skills and knowledge and should be incidental to your employment overseas. Your must be in a graduate role and your position in the UK must be additional to the Sponsor’s staffing requirements.
As of 6 April 2010 leave to enter and/or remain under the Tier 2 (ICT) category (including all subcategories) will no longer be a route to settlement in the UK. However, it is still possible for ICT holders to switch from this subcategory into the Tier 2 (General) while continuing to work for the same employer.
If you wish to switch or extend a Tier 2 Work Permit visa you will be required to attend a biometric appointment and you will be issued with an Identity Card for Foreign Nationals (ICFN).
Avoid the time consuming and often complex process of the Intra - Company Transfer by letting our OISC registered consultants assist and prepare the application on your behalf. We know precisely what is needed for the successful outcome and how to deliver it. Contact us to learn how effortless we can make this process for you or your HR department.
