Q&As

Does the Tier 2 (ICT) route permit a UK sponsor to second an employee from an overseas group company?

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Produced in partnership with Allan Briddock of 1 Pump Court
Published on LexisPSL on 15/04/2020

The following Immigration Q&A Produced in partnership with Allan Briddock of 1 Pump Court provides comprehensive and up to date legal information covering:

  • Does the Tier 2 (ICT) route permit a UK sponsor to second an employee from an overseas group company?

Provided that the overseas company is ‘linked’ to the UK sponsor and certain conditions (listed below) are met, the Tier 2 (ICT) route generally permits a UK sponsor to second an employee from an overseas group company. For further information on the ways in which the ‘entities’ must be linked, see Practice Note: Applying for a sponsor licence under Tiers 2 and 5: showing common ownership and control for Tier 2 (Intra-Company Transfer) applications. See also paragraph 4.2 of the Tiers 2 and 5: guidance for sponsors (version 02/20).

The Immigration Rules relating to Tier 2 (ICT) are set out in the Immigration Rules, Part 6A, paras 245G to 245GF-SD.

There are two sub-categories set out at para 245G. These are:

  1. Long-Term staff: for established employees of multi-national companies who are being transferred to a skilled job in the UK which could not be carried out by a new recruit from the resident workforce, and

  2. Graduate Train

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