The Tier 2 Intra-Company Transfer visa is available to non-EEA citizens whose overseas employers have offered them a role in the UK branch of the organisation.
How to qualify for the Tier 2 Intra-Company Transfer visa
An applicant wanting to come to work in the UK under Tier 2 will need to obtain a Certificate of Sponsorship from the licensed UK employer.
The licensed UK sponsor will check whether you are able to do the job and whether you qualify for the visa.
There are different criteria for the different types of Tier 2 Intra-Company Transfer applications.
Currently, there are only two sub-categories of Tier 2 Intra-Company Transfer visas available for new applications. The short-term staff category is closed for all new applications.
Tier 2 Intra-Company Transfer – Long-term staff
To qualify under this sub-category, the employee needed to have worked for the employer overseas for longer than 1 year. This is unless they will pay the applicant more than £73,900 per year.
The transfer to the UK branch of the organisation needs to be for more than 1 year, and the role cannot be filled by a UK recruit.
You have to earn at least £41,500 per annum or the ‘appropriate rate’ for the role, whichever is the higher.
If an applicant earns more than £120,000 per year, the maximum stay under this sub-category is 9 years. If an applicant earns less than £120,000 per year, the maximum stay under this sub-category is 5 years and 1 month.
Tier 2 Intra-Company Transfer – Graduate Trainee
The applicant must be a recent graduate with at least 3 months’ experience with the overseas employer. This sub-category is only available for specialist roles.
You have to earn at least £23,000 or the ‘appropriate rate’ for the role, whichever is the higher.
The maximum stay under this sub-category is 12 months.
Applying for the Tier 2 Intra-Company Transfer Visa
You will only be able to apply for the visa up to three months before you are due to start work in the UK. The start date will be indicated on your Certificate of Sponsorship.
Length of stay and the Right to Work
The applicant can stay up to the maximum stay allowed for the specific visa sub-category. Or the time that is given on the Certificate of Sponsorship plus one month, whichever is the shorter.
Work done in the UK has to relate to the work of the sponsoring employer and must be as described on the Certificate of Sponsorship.
You will be allowed to do a second job, as long as it is in the same profession and level as your main job. It may not be for longer than 20 hours per week.
You are allowed to do voluntary work and to study, but it may not interfere with your sponsored job.
You do not have access to public funds.
Bringing your spouses and dependents to the UK
Tier 2 Intra-Company holders can apply for their spouse, civil partner, unmarried partner and dependent children under the age of 18 years to join them in the UK.
UK Immigration Health Surcharge
Applicants for the Tier 2 Intra-company transfers and their family members have to pay the UK Immigration Health Surcharge.
Indefinite Leave to Remain in the UK
Unfortunately, the Tier 2 Intra-Company Transfer visa does not lead to Indefinite Leave to Remain in the UK.
Breytenbachs Immigration Consultants Ltd is able to assist both the employer and employee with the Tier 2 Intra-Company Transfer process. Please contact us today for further information or to start with you application.