Tier 2 Intra-Company Transfer UK Work Visa

Are you an experienced worker developing your skills in a multinational company or maybe you want to apply for a settlement permit? You should read this article to find out what the Tier 2 Intra-Company Transfer Work Visa is, who needs it, what the different types are, how to apply, and more!

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What is a tier 2 Intra-Company Transfer Work visa?

The Tier 2 Intra-Company Visa is a UK work visa issued to skilled workers of a multinational company with a minimum of 1 year of work experience in a foreign country, expecting to get transferred to a job in a UK branch. In addition, recent graduate recruits can apply for this visa if they have a minimum of 3 months of experience in a multinational company in a foreign country, expecting a transfer into a UK branch of the same company. Such training should help them get promoted to a manager or specialist.

The types of tier 2 ICT visas

There are only 2 types of tier 2 Intra-Company Transfer visas, based on the engagement you’ll have in the UK branch of your current employer: 

• Tier 2 ICT Visa for Long-Term Staff.
• Tier 2 ICT Visa for Graduate Trainees.

Bear in mind that there is no longer a Tier 2 Inter-Company Transfer Visa for short term staff or new applications from the 6th of April 2017.

Who is eligible to apply for a tier 2 ICT visa?

Citizens of countries that don’t have a visa-free travel agreement with the UK are required to apply for the tier 2 Intra-Company Transfer Visa. The job position that they are expected to work in should be such that cannot be filled by the EU/EEA workforce.

To apply for a Tier 2 Intra-Company Transfer Visa, you have to meet some conditions:

• Pass the general grounds for a UK visa refusal.
•  Have the resident labour market test’ filled out by the employer.
• Provide a Certificate of Sponsorship (CoS) from a licensed Tier 2 sponsor – the employer has to be a multinational company.
• Appropriate annual salary (minimum £41,500 or the appropriate rate for such a long-term job, whichever is more or a minimum of £23,000 annual salary as a graduate trainee or the appropriate rate for such graduate training, whichever is more).
• Suitable job position – the job you have been offered has to be on level 6 of the Regulated Qualifications Framework (RQF) or on level 4 of RQF in the creative sector.
• Employer’s rights to sponsor you (one of the listed in Tier 2 licensed sponsors).
• Genuine vacancy – the job position you’re expecting to get has to be a genuine role, and the sponsor has to be qualified to offer services/products deriving from such a position.
• Certificate of sponsorship validity (can’t apply for this visa with a CoS issued 3 months or earlier before your planned date of visa application).
• Age requirement – be old enough to start academic studies (at least 18 when being issued a visa, or expecting to turn 18 within the visa period).
• Financial capacity requirement – proof of sufficient funds on your disposition for the living and accommodation costs in the UK, without having to rely on the UK’s public funds.

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How to apply for a tier 2 Intra-Company Transfer visa?

If you are applying for a Tier 2 ICT Visa from abroad you should apply for an entry Tier 2 ICT visa from abroad, for a reason recognized under policies of such visa, if your intention is to enter the UK from a country outside the EEA.

The application process for the Tier 2 Intra Company Transfer visa is similar to other UK visas. When applying from outside the UK you need to apply through an online service of the Home Office. You can be asked to provide some additional documents like evidence to the address specified in the online form. You have to apply for this visa not later than 3 months after receiving the Certificate of Sponsorship, and not earlier than 3 months from the starting date of the job.

You cannot be in the UK earlier than 14 days before your starting date as specified in the Sponsorship Certificate. Part of the application requires submitting biometric information at a visa application centre, in 10 days after having arrived in the UK.

Tier 2 ICT visa extension

If you’re applying for an extension of Tier 2 ICT Visa or applying to switch into Tier 2 ICT, you have to submit the application early enough before the current visa expires. This is possible only if the reason you’re expecting to remain in the UK is to continue working for the same sponsor. To apply for an extension or change in the job position in the Tier 2 Intra-Company Transfer visa category, you have to use the online application service of the Home Office. You have to submit the required documents for a visa extension to the address specified in the online form. As a part of the application, you have to provide biometric information.

The Tier 2 ICT visa conditions

If you finally get the Tier 2 ICT Visa, you probably wonder what you are and aren’t allowed to do when being given the visa. 

Here is the list of activities you can do in the UK with a Tier 2 ICT visa:

• Getting a supplementary paid job that is the same job position as your main sponsored job where the workload in such a job doesn’t exceed 20 hours a week. The job is listed among the UK’s shortage occupations; perform unpaid activities as a volunteer.
• Partake in a postgraduate course.
• Study as long as it doesn’t interfere with the purpose of your visa.
• Bring your dependent family members with you.
• Travel outside the UK within the visa period.
• Switch into another job position within the same company/ sponsorship.

Activities that you are not allowed to do in the UK on the grounds of a Tier 2 ICT visa:

• Use UK public funds or other public benefits.
• Switch into another visa category from Tier 2 ICT visa.
• Get a second job outside of Tier 2 ICT visa’s policies.

Switching into the Tier 2 Intra–Company Transfer visa

You can apply to alter your current valid Representative of a Foreign Business visa into a Tier 2 Intra-Company Transfer Visa (Long-Term Staff subcategory), without having to leave the UK, only if you remain working for the same sponsor. The application to switch into a Tier 2 ICT visa from another visa category is known as the application for another LR.

How long can I stay in the UK with a tier 2 Intra-Company Transfer visa?

The purpose of living and working in the UK depends on the type of sponsorship you have. The allowed period of stay in the UK:

• The work contract period and two calendar weeks.
• Up to 5 years and 1 calendar month (depending on the start date of the certificate of sponsorship).
• Up to 5 years, for a salary under £120,000/Up to 9 years, for a salary £120,000 or above. This period takes account of the complete visa periods since the initial visa.
• Up to 1 calendar year if you are a Graduate Trainee. This includes the complete visa periods since the initial visa.

Tier 2 Intra-Company Transfer visa requirements

To be able to get a Tier 2 Intra-Company Transfer Visa you have to meet some requirements: 

• Reach 50 points for Tier 2 ICT attributions – this takes account of 30 points given for having a valid and qualifying certificate of sponsorship from your employer. While the other 20 points are given for having been offered the appropriate salary.
• Get a minimum of 10 points for your means of subsistence – you must prove that you have £945 for yourself and £630 for any dependent who is accompanying you unless applying alone:
  • certificate of sponsorship by the rated sponsor; 
  • formal bank statements demonstrating sufficient means; 
  • confirmation letter for enough personal savings in cash. You must have held such money for at least 90 continuous days.
• Sponsor’s written consent.
• Provide a clear criminal record certificate.
• Provide tuberculosis test results (if you are from a country that requires taking the test before coming to the UK).

Specific requirements for Tier 2 Intra-Company Transfer visa extension

• New Certificate of Sponsorship for the extension.
• Working for the same employer you worked for on your last visa (such visa must have been either the Tier 2 Intra-Company Transfer – Long Term Staff, or a Visa as a Representative of a Foreign Business).
• Register with the police (if applicable).

Specific requirements for Tier 2 Intra– Company Transfer Switch

• Provide biometric information such as a photograph and get your fingerprints scanned.
• Pay the Immigration healthcare surcharge (IHS).
• Provide the ATAS Certificate.
• Pay the appropriate visa application fee.

Tier 2 ICT visa application processing time 

For an application for a Tier 2 Intra-Company Transfer Visa:

• When applied from abroad it usually takes 3 months. 
• When switching to/extending a Tier 2 ICT visa it takes up to 8 weeks to get a decision, if using the priority service the processing time is up to 10 weeks, while if using the premium service you’ll get the decision on the day you apply. 
• A settlement permit (ILR) in Tier 2 ICT is decided by the Home Office within 6 months from the day you apply.

Tier 2 Intra-Company Transfer visa dependents

As a dependent family member of a Tier 2 Intra-Company Transfer applicant or holder, you can accompany them during their period of engagement in the UK. Your family members can apply as your dependents if they are your husband/wife, unmarried/same-sex partner of a long-lasting relationship, your child that is under 18 years of age when applying/18 or over when applying for LR or ILR from the UK. 

Requirements for dependents of Tier 2 ICT visa holders

When your child or partner applies for a settlement permit as your Tier 2 ICT visa dependent, you have to be living with them and not taking advantage of any public funds or benefits.

The requirements for Partners applying for a Settlement Permit in Tier 2 ICT:

• Proof of having/having had a Tier 2 ICT dependent partner visa.
• Evidence of your relationship with your partner.
• Marriage/civil partnership certificates such as bank statements, council tax bills, medical registration certificates, utility bills paid together.
• Proof of continuous residence in the UK of your partner.
• Proof of the intention to build a permanent life together.
• Evidence of your financial capacity to cover your/your partner’s subsistence costs.
• Proof that your partner has passed the ‘Life in the UK’ test and has adequate English language skills.

Requirements for Children applying for a Settlement Permit in Tier 2 ICT:

• Your child’s birth or adoption certificate.
• Proof of a Tier 2 ICT dependent child visa.
• Proof of your relationship with your child.
• Proof that your child isn’t married or in a civil partnership.
• Proof of your financial capacity to cover yours and your child’s subsistence costs.
• Proof that your child’s other parent is either in the UK (except if you’re the only parent alive, you have sole responsibility for your child’s education, your child has an illness and you are a settled person) or is applying to settle on a work visa. 
• Evidence for your child’s current living address (if your child is 16 or older). 

Then, you have to provide at least two of the following documents:

• Your child’s bank statements.
• Their credit card bill.
• Their driving license (if applicable).
• Your child’s NHS certificate of registration.
• A formal letter from your child’s current education provider.
• Information regarding monthly payable costs of your child such as rent bills, utility services, etc.

Besides that, dependents of Tier 2 ICT visa holders can work in the UK as long as it isn’t a full-time job and it doesn’t exceed the workload of 20 hours a week.

The ICT tier 2 visa application fees

The fee to apply for a Tier 2 Intra-Company Visa varies depending on the category you are applying for, where you are applying from, and the way you are submitting your request for this visa. 

Can my tier 2 Inter-Company Transfer visa be cancelled?

The Tier 2 Inter-Company Transfer visa can be cancelled because of one of the following cases:

• If you fail to start working for your sponsor.
• If the work contract you have with the sponsor ends earlier than agreed.
• Sponsor failing to continue being a Tier 2 licensed sponsor for any reason.
• Haven’t appeared at work for a long time (long absence).

Settlement application in the Tier 2 ICT category

You may apply to get a permanent residence permit if you have legally resided in the UK for at least 5 continuous years. The application for a settlement permit should be done not earlier than 28 days before you reach the 5 years of continuous residence in the UK.

This type of application to settle in the UK in the Tier 2 Intra-Company Transfer category is largely referred to as an application for an Indefinite Leave to Remain (ILR). By receiving an ILR in the Tier 2 Intra-Company Transfer Visa you’ll be authorized to permanently remain in the UK. Later you could possibly apply for naturalization as a British citizen depending on your current situation and history connected with the UK.

How to apply for settlement status in the UK?

The application for ILR in the Tier 2 ICT category has to be completed using the online application service of the Home Office. As  part of the application, you need to provide supporting documents for the information you provide by applying online. Additionally, you have to provide your biometric information.

Application requirements for a Settlement Permit in the Tier 2 Intra Company Transfer:

• Proof of having a valid Tier 2 Intra-Company Transfer visa.
• Proof of having been in the UK for 5 continuous years.
• Proof of absences you have made from the UK during the 5 year qualifying period.
• New Tier 2 Sponsorship Certificate. The sponsor must issue a new certificate of sponsorship for settlement, stating their intention to continue engaging you in their company, in accordance with the employment rules (paying the appropriate salary, paying your leaves, etc.).

The period spent outside the UK during the “5-year qualifying period”, must not have been more than 180 days during  1 calendar year.

Can a settlement permit in Tier 2 ICT be rejected?

The common reasons leading the Home Office to refuse applications for settlement permits are having a criminal history in or outside the UK, submitting insufficient or untrue evidence or information, or having broken the immigration law, for example, overstaying your visa. 

The UK work visa photo maker

Some of the processes of applying for the Tier 2 Intra-company Transfer UK Work Visa require providing biometric information. One of the biometric specifications is a biometric photograph. 

The Passport Photo Online tool resizes, edits and checks whether your picture meets all the UK official requirements

All you have to do is download our Photo Mobile App in the AppStore or Google Play. Then, take a photo with your phone (use a tripod or ask a friend to take a photo of you) and upload it to our online photo editor. 

Just choose the type of document you are applying for (for example UK Visa) and let our photo editor do the rest! It will remove any patterns from the background and (if required) change its color, resize the picture and validate the photo to comply with the British Visa photo specifications. 

Sources

• [1] https://www.gov.uk/senior-specialist-worker-visa

Karolina Młodzka

Karolina’s passion for law, technology and photography led her to PhotoAiD S.A., where for the past 3 years she has been an expert in the implementation of passport photo compliance procedures in +80 countries around the world.