Tier 2 ICT

The employees of multinational companies who are being transferred to a branch of their organisations in the UK by their foreign employers are normally considered for the Tier 2 Intra Company Transfer (ICT) and this is also permitted if the transfers are on long term basis or frequent short-term visits.

Also, the applications under the Tier 2 ICT category can also be made available for the Same Day Visa Service category.

Entry Clearance as Tier 2 Intra Company Transfer Migrant

Multinational companies are able to transfer their staff to their UK branch using the Tier 2 Intra company transfer. The transfer may be on a short-term basis or a long-term basis. This is divided into 4 sub categories.

Long-Term Staff

This aspect of the Tier 2 ICT category was designed for individual skilled workers who are scheduled to enter the UK for longer than 12 months on transfer, in order for the individual to occupy a position in the company that cannot be taken up by a newly recruited resident employee.

Short-Term Staff

This aspect of the Tier 2 ICT immigration route is for highly skilled employees, looking to be transferred into the country for a period of twelve months or less for the purpose of occupying a role that cannot taken up by a settled person in the UK.

Graduate Trainee

This aspect of the Tier 2 ICT category was designed for the purpose of permitting transfers for recent graduate individuals who are scheduled as part of a structure graduate training programme of the organization that is aimed at preparing the individual for taking up managerial or specialist position.

Skills Transfer

This aspect of the Tier 2 ICT category was designed for the purpose of permitting transfers for recent graduate individuals to the United Kingdom branch of the organization so as to acquire knowledge and skill required to execute their duties in a foreign country or on the other hand impart on the United Kingdom employees their skill or knowledge.

Challenging Refusal of Entry Clearance as Tier 2 Intra Company Transfer (ICT) Migrant

If you have been refused entry clearance as a Tier 2 ICT migrant, you are able to challenge the refusal through an admin review. If that is still refused, we may then proceed with a Judicial review.

Switching into Tier 2 Intra-Company Transfer

The Tier 2 Intra-Company Transfer visa route is designed for staffs of multinational organisations who have been posted to a UK branch of the same multinational. The visit may be either short term of long term

The concept of switching involves where an applicant is already in the UK under a specific visa category and is looking to 'switch' to another visa category whilst in the UK. Importantly not all categories allow switching. For some visa routes, it is possible to switch into but not switch out from. Please check with our immigration lawyers to be sure that you are able to switch from and/or into any other immigration route

Switching into Tier 2 ICT

An individual who intends to switch into the Tier 2 Intra-company transfer immigration route from within the UK can do so only into the Tier 2 ICT: Long Term Staff category as he/she is not authorized to switch to any other sub-categories under the Tier 2 ICT from inside the United Kingdom. This Long-Term staff route was crafted for persons who are regarded as highly skilled workers who are looking to come into the country for a period over 12 months on the basis of been transferred from one international branch, for the purpose of occupying a role in the organization which is not able to be filled by resident local labour.

The individual is permitted to make an application from within the United Kingdom if he/she has, or was previously issued leave in one of the following listed categories:

• Tier 2 (Intra-Company Transfer: Established Staff), under the rules existing before April 6 April 2011
• Tier 2 (Intra-Company Transfer), under the rules in existence before 6 April 2010
• Intra Company Transfer work permit holder (except multiple entry work permits)
• Representative of an Overseas Business (including representatives of overseas media companies)

For the individual to be considered for extension in any of the above cases, he/she is required to still be working actively for the employer mentioned on the initial application

Tier 2 ICT Extension

Individuals who work with multinational companies, who also have been transferred by the employer to a branch stationed in the United Kingdom for either short periodic visits or on a long-term basis are categorized under Tier 2 Intra-company Transfer (ICT).

Extension/Renewal of Tier 2 ICT

An applicant under the Tier 2 (Intra-Company Transfer): Long Term Staff sub-category can be issued leave of up to 3 years with option of extension for a further 2 years. However, the individual is not authorized to make an application for extension for longer than 5 years and also will not be permitted to re-apply to return under the Intra-Company Transfer category until the elapse of 12 months after the expiry of the previous leave issued as an Intra-company transfer.

The same day visa service is available under the Tier 2 ICT Extension application.

Indefinite Leave to Remain

For an individual to be qualified to make an application for Indefinite Leave to Remain as a Tier 2 (Intra-Company Transfer) Migrant, he/she is required to meet the below listed criteria.

Requirements:

1. The individual applying must not be refused on the general grounds for refusal and must not be in the United Kingdom illegally.
2. The individual applying must continuously spent 5 years legally in the United Kingdom, residing most recently in the UK as Tier 2 (Intra-Company Transfer) Migrant, while combining any of the categories below:
   • as a Tier 2 (Intra-Company Transfer) Migrant

as a Qualifying Work Permit Holder, or

1. • as a representative of an overseas Business.
2. The continuous period of five years as mentioned in the third point above must be inclusive of:
   • A Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
   • A Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
3. The Employer or Sponsor who granted the individual the Certificate of Sponsorship which was instrumental in the last leave that was issued to the applicant is required to write a formal statement showing:
   • That the applicant in still needed for the employment being considered.
   • That the applicant's payment is at the suitable rate or more than the suitable rate for the job as contained in the Codes of Practice in Appendix J.
4. The applying individual is required to make available documents as specified in paragraph 245GF-SD as proof to back the employer's declaration in subsection d. (ii) above and also reasons for the absences set out in paragraph 245AAA.
5. The applying individual is expected to be proficient in the knowledge of English Language and also have knowledge about life in the United Kingdom, as contained in paragraph 33BA of these Rules, except the individual is aged under 18 years or aged 65 years and over on the date in which the application was made.
6. The applying individual should not have violated the UK immigration laws by his/her stay in the UK unless if the period of overstay of 28 days or less would be ignored.

Dependants of Tier 2 ICT Migrant

The UKVI have given a strict definition of who it regards as a dependant in a visa application. According to the UKBA, a dependant refers to the spouse/partner (over 18 years of age) or a child (under 18 years of age) of a main applicant.

Tier 2 ICT Initial Application

In line with the main applicant's visa application or as a separate application, the dependant of a Tier 2 ICT visa may apply for entry clearance to join the main applicant in the UK. As mentioned earlier, a spouse or partner applying as a dependant must be over the age of 18 years as at the time of application; while child dependants must be under the age of 18 as t the time of application.

Applying for the Tier 2 ICT Visa from the UK

The immigration rules have gone through lots of changes in recent times, rules which came to force from the 1st of October 2013 now allow in-country switching into the Tier 2 ICT visa category. A few exceptions however exists where the applicant's last grant of leave is as a visitor or is on temporary admission or release.

Importantly, persons looking to switch into this category must be over the age of 18 if they are switching as partners of the main applicant. Where the applicants are applying as child dependants the child dependants must be under the age of 18 years of age as at the date of application.

Extension of Stay as PBS Dependant of Tier 2 ICT Migrant

A Tier 2 ICT dependant may extend their leave to remain in line with that of the main applicant ie when the main applicant is extending their own leave to remain.

Tier 2 ICT ILR

For applications granted before 09-07-12, applicants will be granted Indefinite Leave to remain as a PBS Dependant Tier 2 ICT if they have lived in the UK for at least two years under the same route (PBS Dependant of a Tier 2 ICT migrant) and the main applicant already has ILR or has submitted an application for Indefinite Leave to remain.

However for applicants granted after the 9th of July 2012, More so, if an individual has been granted a visa as a PBS dependant of a Tier 2 ICT Migrant under the provision of the Immigration Rules existing from the 9th of July 2012, he/she can make an application for an Indefinite Leave to Remain as a PBS dependant for a Tier 2 ICT Migrant if he/she has resided in the United Kingdom for a minimum of five years as a PBS dependant while the main applicant simultaneously is either applying for an Indefinite Leave to Remain or as a Tier 2 ICT Migrant has been already granted an Indefinite Leave to Remain.

Tier 2 ICT Visa Refusal

If you have had a refusal of your PBS Dependant application, we would first and foremost urge you to contact a team of experienced immigration solicitors at the earliest possible time. Note that you will be able to challenge a refusal decision by way of an appealing the decision at the first tier Tribunal. You may also be able to challenge the decision by the way of Judicial review in the Upper Tribunal.