13 Mar Tier 2 General and Tier 2 ICT explained
As a non-EU national, you can apply for either a Tier 2 General visa or a Tier 2 Intra-Company Transfer (ICT) to be employed in the UK.
A Tier 2 General visa is for those who have been offered a skilled job in the UK and the Tier 2 ICT is for those who have been working for their current employer overseas (for at least 12 months) and would like to continue doing so, but at their UK branch instead. You can find further information on the key differences and requirements below.
In order to make a valid application for either a Tier 2 General or Tier 2 ICT visa, the company wishing to sponsor the said migrant will need to have a valid A-rated Sponsorship Licence and provide them with a job offer. If the job role is not on the Shortage of Occupations list, it will need to meet the Resident Market Labour Test (RMLT) which means advertising the job online for a period of 28 days and considering any British/EU/settled workers first. However, the RMLT does not apply to migrants who will earn £159,600 or over.
Once either of the two requirements listed above have been met, the company will need to apply for a Certificate of Sponsorship (CoS). The CoS will then be assigned to the migrant and they will be able to apply for a Tier 2 General or Tier 2 ICT visa, this must be done within 3 months of the CoS being assigned.
In addition to having a valid CoS, the UKVI will consider as to whether the migrant will be filling a genuine role and if they are qualified for it. They must also not own more than 10% of their sponsor’s shares, unless they are applying under the Tier 2 ICT category or will be earning over £159,600 as a Tier 2 General migrant.
The applicant will also need to receive a salary at the required level; however, this depends on whether they are a new entrant or an experienced worker. The level of pay will need to be at RQF level 6 or above, as shown in Table 2 of Appendix J of the Immigration Rules.
Applicants must also satisfy the maintenance requirement by showing that they have held £945 for a continuous period of 90 days prior to the date of submission or by having their A-rated sponsor confirm that they will cover their maintenance.
Tier 2 General visa
A migrant can be granted leave for any period, up to 5 years. Unlike the Tier 2 ICT, after residing in the UK for a period of 5 years and subject to meeting the requirements, they will then be eligible to apply for Indefinite Leave to Remain in the UK.
The minimum salary threshold is £20,800 gross per annum for those classified as ‘new entrants’ and £30,000 for ‘experienced workers’ or at the appropriate rate stipulated in the occupational code.
In addition to the above requirements, a prospective Tier 2 General migrant must also satisfy the English Language requirement at level B1 in speaking, reading, listening and writing. However, this is not a requirement for Tier 2 ICT.
Depending on the applicant’s country of nationality, they may also need to meet the TB testing requirements and a criminal record check for certain professions.
Tier 2 ICT
The period of leave granted, depends on the applicant’s prospective gross annual salary. However, they should receive a minimum gross annual salary of £41,500.
- £120,000 and over- 9 years
- Under £120,000- 5 years and 1 month
- Graduate trainee- 12 months
Unlike the Tier 2 General visa, the good news is that there is no English language requirement. However, this route does not lead to settlement since the main purpose behind is that the migrant will be temporarily working in the UK for their current employer.
