Global Business Mobility – Spring 2022

The new Global Business Mobility visa will be launched in spring 2022. This visa scheme will allow overseas organisations greater flexibility when transferring migrant workers to the UK in order to establish and expand their businesses. It will consolidate the Intra-Company Transfer visa, the Intra-Company Graduate Trainee visa, the Sole Representative of Overseas Business visa and the Temporary Work – International Agreement visa. In particular, the ICT route might see some very significant changes.

One of the most important changes would see ICT migrants being able to apply for Indefinite Leave to Remain (ILR) in the UK. Currently, the ICT scheme does not lead to settlement. However, ICT visa holders have been allowed to switch into a Skilled Worker visa in country since December 2020. This was a major overhaul of the previous situation. In addition, time spent on leave to enter and remain as an ICT holder should also count towards settlement if the worker does switch into another route.

On a side note, MAC recommends to keep the minimum skill level for ICT at RQF 6 or above, while skilled worker visa applicants only need to meet the lower threshold of RQF3.The salary threshold will likely increase to £42,400 per annum. Currently, the salary threshold is £41,500 for an ICT visa and at least £23,000 for an Intra-company Graduate Trainee visa. Finally, The MAC report argues in favour of increased monitoring of allowances used to count towards the ICT salary to help eradicate abuse of the rules.

The report has also suggested that a ‘Secondment Worker’ category should be established, albeit purely in relation to high-value contracts in excess of £50 million, where the overseas businesses have been operating for at least 12 months. Subject to meeting these criteria, the new Secondment Worker visa would be issued for a maximum of 12 months, with the possibility of a single renewal. In addition, a new Team Subsidiary route will allow an overseas business to relocate a team of up to five workers to the UK, with different skills and knowledge to facilitate the process of setting up a UK branch or subsidiary.

Please note that at least one of the team will need to meet the current sole representative requirements, with other team members meeting the criteria of the Skilled Worker route as a minimum. This would allow one senior executive and up to four others to come to the UK at the same time. However, the grant of leave of an individual subsidiary visa will be reduced to 2 years and it will be allowed to switch to other routes in country.

 

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For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

 

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