Intra Company Transfer Visa

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Intra-Company Transfer Visa

The Intra-Company Transfer Visa category allows employees of multi-national corporations to enter or remain in the UK to perform an eligible job at their employer’s UK branch.

To qualify under this route, you must have worked for your current employer at their overseas’ branch for at least 12 months, unless you are going to command a salary of £73,900 a year or more to carry out the skilled work in the UK.

Requirements for an Intra-Company Transfer Visa

To qualify for leave to enter or remain in the UK under the Intra-company Transfer Visa route, you need to demonstrate to the UK Visas and Immigration that:

  • You are over the age of 18 at the date of your application;
  • You hold a valid Certificate of Sponsorship issued by the employer whose UK branch you will be working at;
  • You are employed by a sponsor that has been approved by the Home Office as a ICT Sponsor;
  • You have worked overseas for your current sponsor or for an overseas business owned by your sponsor for at least 12 months, unless you are being paid £73,900 per annum or more for the job you are planning to do in the UK;
  • You are being paid the appropriate salary for your job, which is currently set at least £41,500, as set out in Appendix J of the Immigration Rules;
  • You have the required level of funds to maintain yourself in the UK unless your Sponsor has certified your maintenance in your Certificate of Sponsorship;
  • You are being transferred to your sponsor’s UK branch for a ‘genuine’ job;
  • You are being transferred to your sponsor’s UK branch for a job that is at the appropriate skill level;
  • You are able to provide a valid TB Certificate, if applicable;

To be eligible, applicants must be awarded 60 points (for their sponsorship, job skill level and salary). All points requirements are mandatory in the Intra-Company routes and applicants must also satisfy non-points requirements regarding tuberculosis testing, available funds and maximum length of assignments under Intra-Company routes.

The specific requirements, that may be applicable to you, will differ depending on your circumstances. You may wish to seek expert advice from an immigration lawyer.

If you wish to apply for an Intra-Company Transfer Visa, speak to one of our specialised immigration lawyers for expert advice by completing our “Enquiry Form”.

The Points Based Criteria For ICT Visa

In order to qualify for leave to enter or remain under the Intra-Company Transfer Visa, you must score 60 points, which will comprise of your sponsorship, job skill level and salary. Under the Intra-Company Transfer route, all of the 60 points required are mandatory and must be scored by successful applicants. You must also meet the non-points requirements relating to TB testing, maintenance funds and maximum length of assignments under Intra-Company routes.

The table below demonstrates the break-down of ICT Points:

Points Requirement

Points

 

Sponsorship

20

 

Job at appropriate Skill Level

20

 

Salary at the required level

20

 

 

Intra-Company Transfer Visa Certificate of Sponsorship (CoS) Requirement

To qualify for an Intra-Company Transfer Visa you must have a valid certificate of sponsorship for the job you are being transferred to do in the UK. The certificate of sponsorship must have been issued by a sponsor that must have been authorised by the Home Office to sponsor the job you are being transferred to do in the UK.

The employer who issued your Certificate of Sponsorship must be listed as A-rated register of licensed sponsors maintained by the Home Office, unless your last leave to enter or remain was under the Intra-Company Transfer route and you are applying to continue working for the same employer who sponsored your last leave.

Your Certificate of Sponsorship must have been issued on a date 3 months or earlier than the date of your Intra-Company Transfer visa application.

Your Certificate of Sponsorship must confirm the following mandatory details:

  • Your name;
  • That you are being sponsored to perform a skilled job as an Intra-Company Transfer Migrant;
  • Details of the job you are being sponsored to do;
  • The salary you are being paid;
  • The date you must start the job you are being sponsored to do in the UK which must not be more than 3 months after the date of your application for Intra-Company Transfer Visa;
  • You have been working for the same sponsor outside the UK for 12 months or more unless you will be earning a salary of £73,900 or more per year in the UK;

In addition to the above, the Certificate of Sponsorship issued by your sponsor must not have been used in a previous application for leave to enter or remain irrespective of whether that application was granted or refused.

Genuine Vacancy

In order to be awarded 20 points for having a Certificate of Sponsoring, you must demonstrate to the UK Visas and Immigration that there is a genuine vacancy for the job you’ve been sponsored to undertake. If the UK Visas and Immigration decision maker finds reasonable grounds to suspect that the job for which you are being sponsored may not exist, may be a sham or may have been created to facilitate your entry or extension of stay in the UK, your application will be refused.

If the UK Visas and Immigration has reason to believe that you are being sponsored for a vacancy which is not genuine, you may be invited to an interview with the UKVI prior to a decision being made on your application.

In cases where the UKVI has genuine vacancy concerns, it may arrange compliance visits to the Sponsor’s place of business to investigate the matter further. In those circumstances, your application will be placed on hold pending the outcome of the UKVI’s compliance visit.

Intra-Company Transfer Visa Salary Requirement

Your employer must confirm in your Certificate of Sponsorship that the job for which you are being sponsored commands a salary which equals or exceeds £41,500 or the going rate for the job, whichever is the higher. You may refer to the Home Office’s published list of going rates for Intra-Company Transfer Occupation codes (https://www.gov.uk/government/publications/intra-company-visas-going-rates-for-eligible-occupations/intra-company-visas-going-rates-for-eligible-occupation-codes).

You may be able to add certain allowances, paid to you by your sponsor, to your gross salary for the purpose of reaching the required salary threshold or the going rate for the job. Allowances that are guaranteed for the duration of your Intra-Company Transfer leave – such as London weighting – can be added to your gross salary whilst other allowances such as one-off bonuses cannot be added to your gross salary.

Your Certificate of Sponsorship must state the salary you will be paid including gross pay and any permitted allowances. Your Certificate of Sponsorship must separately set out what the allowances are for and provide a total calculation of all your allowances. If your Certificate of Sponsorship fails to provide sufficient information relating to the allowances included in your salary, the UK Visas and Immigration may request further information before reaching a decision on your application for Intra-Company Transfer leave.

Financial Requirements of Intra-Company Transfer Visa

You will automatically meet the financial requirement of an application for Intra-Company Transfer Visa if you can demonstrate that for 12 months prior to the date of your application you were living in the UK with valid leave.

If the above does not apply to you, you can meet the financial requirements by demonstrating that you have funds of at least £1,270 available and that you have had the funds in your account for at least 28 days prior to the date of your application for Intra-Company Transfer Visa.

Alternatively, you can claim exemption from meeting the financial requirements if your sponsor is able to certify that they will maintain and accommodate you for the first month of your employment in the UK up to an amount of £1,270.

Maximum Time in the Intra-Company transfer Visa Category

If you are granted leave under the Intra-Company Transfer Visa route, you will be permitted extend your stay for a total of 9 years in any 10 year period if you are a high earner (you earn a salary of £73,900 or more).

If your salary is less than £73,900 you can only extend your stay in the UK for a maximum of 5 years in any 6 year period.

Intra-Company Transfer Visa Conditions

If you are successful in securing leave as an Intra-Company Transfer worker, you will be able to work for the employer that has sponsored your ICT leave. You may also take up supplementary work of up to 20 hours per week provided that the supplementary work is in the same profession or the supplementary work appears on the shortage occupation list.

You may be able to take up voluntary work in any sector and you will be able to study in the UK subject to acquiring an ATAS certificate, which must be presented to your education provider prior to starting your course of study or research assignment.

ILR or Settlement as an Intra-Company Transfer Worker

The Intra-Company Transfer Visa route does not lead to indefinite leave to remain in the UK. However, the time you spend in the UK under the Intra-Company Transfer route can count towards accumulating 10 years of lawful residence, which will enable you to apply for settlement on long residence grounds.

You are also permitted to switch from an Intra-Company Transfer Visa to any other immigration category without having to leave the UK.

How our lawyers can help you with your Intra-Company Transfer Visa Application

Our lawyers are specialists in UK immigration law with almost a decade of experience. We have assisted hundreds of Intra-Company Transfer Visa applicants to prepare and submit successful Intra-Company Transfer Visa applications.

Our immigration lawyers can provide you expert advice on meeting the requirements of the Immigration Rules, carry out a detailed assessment of your prospects of qualifying for an Intra-Company transfer Visa and can assist you with the preparation and submission of your immigration application.

Our lawyers combine creative energy with deep technical legal expertise to uncover innovative, out-of-the-box and unconventional strategies that help you succeed in your application even when you’re facing inherent challenges in meeting the requirements of an Intra-Company Transfer Visa.

We do this by deploying the following:

  • Taking a holistic approach to analysing every facet of each case and formulating strategies to comprehensively address every element of the case;
  • Bringing deep technical and substantive legal expertise;
  • Collaborative strategizing among specialist lawyers, who operate at different levels of seniority, bringing a wealth of technical expertise, tactical know-how and diversity of perspective on your matter;
  • Using Design Thinking to reframe the challenges you face with a view to redefining value and opening up the scope of solutions;
  • Designing customised strategy to meet your specific challenges.

What this means for you?

If you instruct us to take on your case, our scope of work will comprise of the following:

  • Taking detailed instructions to carry out a thorough analysis of your case;
  • Assessing your eligibility for an Intra-Company Transfer Visa in line with the requirements as set out in the Immigration Rules, the accompanying Policy Documents and the wider case-law jurisprudence;
  • Notifying you of the strengths and weaknesses of your case;
  • Advising you on strategies, where possible, to remedy the weaknesses in your case and better evidence the strengths of your case;
  • Providing you detailed and customised advice on the documents you need to provide in support of your application;
  • Reviewing your documents to assess whether they meet the evidential requirements of your application and to advise you if further documents are required;
  • Drafting the application form to provide to you for review and, if required, amending the application in line with your observations;
  • Preparing a detailed letter of representations to be submitted in support of your application;
  • Submitting the application form online and arranging an appointment for the enrolment of your biometrics;
  • Responding to any queries from the Home Office regarding your application
  • Addressing any queries that you may have regarding your application and any issues arising relating to your immigration status;
  • Corresponding with the UK Visas and Immigration (Home Office) to ensure a timely decision on your application.
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