Applying for a sponsor licence under Tiers 2 and 5: showing common ownership and control for Tier 2 (Intra-Company Transfer) applications
Applying for a sponsor licence under Tiers 2 and 5: showing common ownership and control for Tier 2 (Intra-Company Transfer) applications

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • Applying for a sponsor licence under Tiers 2 and 5: showing common ownership and control for Tier 2 (Intra-Company Transfer) applications
  • What is common ownership and control?
  • Joint ventures
  • Evidence
  • Practical tips
  • Affidavit by a senior executive or partner

This Practice Note is relevant to all sponsor licence applications where the applicant organisation wishes to include the Tier 2 (Intra-Company Transfer) (ICT) category on its licence; see Practice Note: Sponsoring an employee under Tier 2 (Intra-Company Transfer) for the eligibility criteria for sponsoring migrants under the two sub-categories of this route. It examines the requirement of evidencing a link of common ownership and control between the UK entity and each overseas entity from which it wishes to transfer personnel.

What is common ownership and control?

In order to establish a link of common ownership and control between a UK organisation and each linked overseas entity, the organisation must show that it falls within one of the example situations listed in the Tiers 2 and 5 of the Points-Based System Sponsor Guidance (the SG). These are where:

  1. one entity controls the composition of the other’s board

  2. one entity is in a position to cast or control the casting of more than half the maximum number of votes that might be cast at a general meeting of the other

  3. one entity holds more than half the issued share capital of the other (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital)

  4. both entities have