18 Nov Switching from the Tier 2 ICT category to the Skilled Worker route
The new Skilled Worker scheme will come into effect on 1 December 2020. Under the new Points-Based System, Tier 2 Intra-company Transfer (ICT) migrants will be able to switch into the Skilled Worker route in country without subjecting to the 12 months ‘cooling period’. Please note that the new Tier 2 ICT scheme is still not be able to lead to settlement.
Switching from the Tier 2 ICT category to the Skilled Worker scheme
Under paragraph SW1.5 of the Immigration Rules, an applicant who is applying for leave to remain as a Skilled Worker migrant must be in the UK on the date of application and must not have, or have last been granted permission:
(a) as a Visitor; or
(b) as a Short-term student; or
(c) as a Parent of a Child Student; or
(d) as a Seasonal Worker; or
(e) as a Domestic Worker in a Private Household; or
(f) outside the Immigration Rules.
Currently, under paragraph 245HD of the Immigration Rules, only the following categories are able to switch into a Tier 2 General visa:
- a Tier 1 Migrant,
- a Tier 2 Migrant,
- a Representative of an Overseas Business,
- a Tier 5 (Temporary Worker) Migrant,
- the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Student, or
- a Start-up migrant, or
- an Innovator, or
- a Global Talent migrant.
This means that a Tier 2 ICT migrant will be able switch into the new Skilled Worker visa in country. Migrants have to meet the following requirements: Sponsorship, Job at an appropriate skill level, Meet the English language requirement at B1 level, Appropriate salary, and meet the financial requirement.
Under the new Skilled Worker route, it should be easy for a Tier 2 ICT migrant to switch in country. For instance, they are already in a role with a SOC code skilled to Regulation Qualifications Framework (RQF) level 6 (above the new RQF level 3). In addition, a Tier 2 ICT Long-term Staff migrant must be paid a minimum annual salary of £41,500, which is above the new minimum salary threshold of £25,600 and the ‘going rates’ for most occupation codes.
Contact Our Immigration Team
For expert advice regarding any aspect of the Skilled Worker visa application, please contact our team on 0203 384 3075.