Sponsoring an employee under Tier 2 (Intra-Company Transfer)
Sponsoring an employee under Tier 2 (Intra-Company Transfer)

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

  • Sponsoring an employee under Tier 2 (Intra-Company Transfer)
  • Background and recent changes
  • Procedure for sponsoring a non-EEA employee
  • Considering alternative immigration options
  • Checking if the linked entity is on the licence
  • Extension applications and changes of employment
  • Immigration skills charge
  • Skill level and appropriate rate—checking the codes of practice
  • Minimum skill level
  • Eligibility and leave—sub-categories and definitions
  • 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?

Background and recent changes

The Tier 2 (Intra-Company Transfer) (ICT) category enables businesses with linked entities overseas to transfer certain non-EEA national employees to work in their UK offices. Partners in business structures such as limited liability partnerships (LLPs) are treated as employees for these purposes.

In order to sponsor employees under Tier 2 (ICT), an organisation must have a Tier 2 (ICT) sponsor licence. See the topic Applying for a licence, including Practice Note: Applying for a sponsor licence under Tiers 2 and 5: showing common ownership and control for Tier 2 (Intra-Company Transfer) applications. The route is excluded from the annual limits on non-EEA immigration, and sponsors are able to request the number of unrestricted Certificates of Sponsorship (CoS) they require under each ICT sub-category on an annual basis. They also have the option to apply for additional unrestricted CoS as necessary throughout the year. See Practice Note: Applying for a sponsor licence under Tiers 2 and 5: procedure—Certificates of Sponsorship and annual allocations.

There have been numerous changes to the ICT route

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