Tier 2 (Intra-company Transfer)

work permit UK

Are you working for an organisation of your overseas that also has an office in the UK for a temporary assignment?

The Tier 2 (Intra-Company) Transfer visas are specifically designed to allow you to do this.

Types of Intra-Company visas

UK Visas and Immigration have created 4 types of Intra-company Transfer visa.

Long-term Staff

This visa is for transfers of more than 12 months into a role that can’t be filled by a UK recruit.

Short-term Staff

This visa is for transfers up to and including 12 months into a role that can’t be filled by a new UK recruit.

Graduate Trainee

This visa is for transfers into graduate trainee programmes for specialist roles.

Skills Transfer

This visa is for transfers that allow people to gain skills and knowledge needed to perform their role overseas, or to pass on their skills to UK colleagues.

What are the eligibility requirements for you to apply for a Tier 2 (Intra-Company) visa?

The requirements for each type of visa varies, below is an outline of how you can determine which option is suitable for you.

Long-Term

  • Must be employed in a full time capacity by the overseas company for at least 12 months
  • Salary on offer in the UK must be at least £41,500, unless the salary stated for the Code of Practice is higher, then you will need to be paid the higher threshold. Salaries are based on a 39 hour week.
  • 30% of the total salary package can be made up of a housing allowance.
  • For assignments over 12 months

Short-Term

  • Must be employed in a full time capacity by the overseas company for at least 12 months
  • Salary on offer in the UK must be at least £24,800, unless the salary stated for the Code of Practice is higher, then you will need to be paid the higher threshold. Salaries are based on a 39 hour week.
  • 40% of the total salary package can be made up of a housing allowance.
  • For assignments up to 12 months

Graduate Trainee

  • Must be a recent graduate with at least 3 months’ experience with the employer overseas.
  • Salary on offer in the UK must be at least £24,800, unless the salary stated for the Code of Practice is higher, then you will need to be paid the higher threshold. Salaries are based on a 39 hour week.

Skills Transfer

  • There is no set period of time that you need to have been employed with the overseas company.
  • Salary on offer in the UK must be at least £24,800, unless the salary stated for the Code of Practice is higher, then you will need to be paid the higher threshold. Salaries are based on a 39 hour week.

What is the maximum time you can spend in the UK on the different types of Intra-Company transfer visas?

  • Long Term – 5 years and 1 months unless you earn £155,300 or more, in that case it will be 9 years
  • Short Term – 12 months
  • Graduate Trainee – 12 months
  • Skills Transfer – 6 months

Can I extend my visa from within the UK?

It is possible to extend your visa in the UK if you are on an Intra-Company Transfer, providing the maximum time allowed has not been spent in the UK.

For example, if come to the UK under the Intra-Company Transfer Short-Term arranged months for 6 months, you can extend for a further a 6 months from within the UK providing you are still required for the role.

Is switching from Long to Short Term allowed?

It is important that the business selects the correct type of visa for the UK for an assignment.

Whilst it is not possible to switch from Long to Short Term it is possible to switch from Short to Long Term, however you would need to leave the UK and re-apply for entry clearance under the Long term rules.

If you would like further advice, call one of our highly experienced staff at DavidsonMorris Solicitors.

What happens after you have been in the UK for the maximum time allowed on the type of visa you entered on?

After spending the maximum allowed time in the UK, you will be subject to the 12 month cooling off period and will not be allowed to re-enter the UK under and Tier 2 category.

The only exemptions to the cooling-off period are as follows:

  • The person is a high-earner, salary must be at least £155,300;
  • Switching from Tier 2 Intra-company transfer Short Term to Long Term; and
  • The Certificate of Sponsorship was assigned for 3 months or less, the person left the UK within the 3 months and you reported this to via the Sponsor Management System.

If I am in the UK on a Tier 2 Intra-company transfer, can I apply for Indefinite Leave to Remain in the UK?

If you entered the UK before 6th April 2010, after 5 years of continuously being in the UK lawfully you may be eligible to apply for Indefinite Leave to remain, providing you meet all the requirements.

If you entered the UK before 6th April 2011, after 10 years of continuously being in the UK lawfully you may be eligible to apply for Indefinite Leave to remain, under the Long Residency route, providing you meet all the requirements.

However, if you choose not to apply then you must leave the UK by the expiry date given on the visa and will cannot re-enter the UK for a 12 months from the date you leave the UK under any Tier 2 category, this is known as the cooling-off period.

What is Indefinite Leave to Remain?

Holding Indefinite Leave to Remain means you would be free of immigration control, it grants an applicant the right to live and work in the UK without any immigration restrictions, and entitles you to apply for naturalisation.

Get in touch!

We strongly advise prospective applicants to seek legal advice before making a Tier 2 application.

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