What is a Tier 2 Intra Company Transfer Visa, and do you need one?
The Tier 2 Intra-Company Transfer (ICT) visa was designed for employees of multinational companies transferring to a UK branch. The route is now closed to new applicants and has been replaced by the Senior or Specialist Worker, Service Supplier and Graduate Trainee routes.
The visa allowed sponsored employees to work in a specific role for their UK employer but did not lead directly to permanent residence.
Existing ICT visa holders may still be in the UK. If you wish to remain longer term, you may need to switch into the Skilled Worker route, which can lead to settlement after five years.
Strict salary thresholds, prior employment requirements and sponsorship rules applied under this category.
Overview of Tier 2 Intra Company Transfer Visa
The Intra-Company Transfer (ICT) visa is closed to new entrants. Prospective applicants should instead consider the Senior or Specialist Worker Visa, Service Supplier Visa, or Graduate Trainee Visa as alternatives.
Employees of multinational companies being transferred to the UK for skilled positions required a UK ICT Visa. Applicants obtained a Certificate of Sponsorship from the UK branch of their employer. The Tier 2 Intracompany Transfer Visa permitted employment with a designated employer for a specified role.
It is important to note that UK ICT visas do not provide a pathway to permanent residency in the UK.
Extending a Tier 2 ICT Visa
Previously, it was permissible to extend a Tier 2 ICT Visa for up to nine years under certain conditions. There may be a small handful of people still holding an ICT Visa who, if they wish to remain the UK, must look at the replacement categories (see below) or even consider switching into the Skilled Worker route.
The Tier 2 Intra Company Transfer Visa (ICT) was a common type of application used by multi-national organisations which needed to transfer employees from an overseas office, subsidiary or sister company to fill a skilled post in the UK which could not be filled by a locally recruited employee. Minimum salary thresholds and prior employment requirements applied.
There were 4 sub-categories of Tier 2 ICT:
Long-term Staff: For established, skilled employees to be transferred to the UK branch of the company for more than 12 months to fill a post that cannot be filled locally. Consider the Senior or Specialist Worker Visa and Service Supplier Visa.
Short-term Staff: For established, skilled employees to be transferred to the UK branch of the company for 12 months or less to fill a post that cannot be filled locally. The Senior or Specialist Worker Visa and Service Supplier Visa may be the appropriate current option.
Graduate Trainee: For recent graduate employees to be transferred to a UK branch of the company as part of a structured graduate training programme which clearly defines progression towards a managerial or specialist role. Applicants should now refer to the Graduate Trainee Visa.
Skills Transfer: For new graduate employees to be transferred to a UK branch of the company to learn the skills and knowledge required to perform their job overseas, or to impart their specialist skills or knowledge to the UK workforce. Applicants should consider the Graduate Trainee Visa.
Switching onto a Skilled Worker Visa
Tier 2 Intra Company Transfer Visa holders can now switch into the Skilled Worker route, something that was not possible under the old rules. The benefit of making this change is that you will switch to a route that leads to settlement after 5 years.
Restrictions and limitations of the Tier 2 ICT Visa
With a Tier 2 ICT Visa you can:
- work for your sponsor in the job described in your certificate of sponsorship
- study
- bring your partner and children with you as your PBS dependants if they’re eligible
- do voluntary work
- travel abroad and return to the UK
You cannot:
- apply for most benefits, public funds, or the State Pension
- change jobs unless you are eligible and you change your visa to a Skilled Worker visa
- have a second job – unless you’ve previously had an Intra-company Transfer visa or a Tier 2 (Intra-company Transfer) Long term Staff visa
- apply for indefinite leave to remain, i.e. permanent settlement in the UK.
Tier 2 ICT and Indefinite Leave to Remain
It was not, and is still not, possible to obtain indefinite leave to remain (ILR) on the basis of Tier 2 Intra Company Transfer Visa permission. However, as discussed above, Tier 2 ICT Visa holders can now switch into the main Skilled Worker category and thus begin a route to settlement via that option.
If you would like guidance and assistance on what to do next, get in touch. Our immigration lawyers look forward to hearing from you.