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Tier 2 Intra-Company Transfers: definition of the term ‘directly replacing’
Jan 11
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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If you have an enquiry relating to your immigration status or your ability to work in the UK, we can help you. Please contact us or call +44 20 3384 3075.
