Sponsored employee: applying under Tier 2 (Intra-Company Transfer)
Sponsored employee: applying under Tier 2 (Intra-Company Transfer)

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

  • Sponsored employee: applying under Tier 2 (Intra-Company Transfer)
  • Eligibility
  • Points scoring—attributes
  • Points scoring—maintenance
  • English-language requirement
  • Other non-points-based criteria
  • Parental consent and suitable arrangements if applicant is under 18
  • General grounds for refusal
  • Dependants
  • Application procedure
  • More...

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC 813. For further information on these changes, see: LNB News 22/10/2020 80. See also Practice Note: The post-Brexit immigration system: what will it look like?

This Practice Note examines the key issues of entry clearance and leave to remain applications for non-European Economic Area (EEA) national employees being sponsored under the Tier 2 Intra-Company Transfer (ICT) route, and these include:

  1. point-scoring areas

  2. the English-language requirement

  3. non-points-based criteria

  4. general grounds for refusal

  5. dependants

  6. procedure, including switching and extensions

  7. duration and conditions of leave

  8. cooling-off periods

  9. applications for indefinite leave to remain (no longer available for new applicants)

  10. challenging refusals

Although these applications are submitted after a Certificate of Sponsorship (CoS) has been issued by the sponsoring employer, the employer and employee need to be aware of these considerations from the outset.

Eligibility

Points scoring—attributes

An employee is required to obtain 50 points for the following attributes:

  1. CoS: 30 points

  2. appropriate salary: 20 points

The criteria for eligibility in the ‘attributes’ criteria are covered in Practice Note: Sponsoring an employee under Tier 2 (Intra-Company Transfer).

Evidence can be requested by the Home Office to confirm the relevant minimum amount of previous employment. It can be advisable to prepare and submit this anyway, otherwise the sponsor's

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