A tier 2 (Intra-company Transfer) visa applies to those employees who belong to a multi-national organisation and who are being transferred to a skilled job in a UK-based head office, subsidiary or branch of that company. To be eligible for an intra-company transfer there are conditions to be satisfied by both employers and employees. The work that the employee does in the UK must relate to the overarching work of the organisation.
There are four types on intra-company transfer visa:
- Long-term staff
- Short-term staff
- Graduate trainee
- Skills transfer
Each of the above has set criteria for eligibility.
Tier 2 (Intra-company Transfer) visa for employees
Immigration law rules are very clear. To be eligible for this visa, the employee must:
- have a confirmed job offer from an organisation or company which holds a Sponsorship Licence in the UK
- be in possession of a valid Certificate of Sponsorship from that same employer
- comply with both the English Language requirements (if they want to apply to extend their leave to remain for more than three years) and the maintenance requirements for themselves and any dependants
An intra-company transfer visa through Oratto member immigration solicitors in the UK
Complying with all of the relevant conditions for an intra-company transfer is vitally important for the smooth transition of an employee who wants to work in the UK. Seeking experienced legal advice early on is a must, and Oratto member immigration lawyers are highly skilled in every aspect of applications for a tier 2 (Intra-company Transfer) visa. Contact Oratto today for expert legal advice on an intra-company transfer to work in the UK.
Employer regulations for intra-company transfers
The general employer requirements are to hold a Sponsorship Licence from the United Kingdom Border Agency (UKBA) and to ensure that the transferee is in receipt of their Certificate of Sponsorship, plus a firm job offer.
After that, there are separate requirements regarding earning capacity for long term staff and those who fall into the categories of short term staff, skills transfer and graduate trainees. If the transferee is to stay long-term then they must earn a minimum of £40,000 (to include allowances), or be paid at the correct rate for the job as provided for in the Codes of Practice for skilled workers. Whichever figure is the higher one will apply.
For graduate trainees, skills transfer and short term staff, the employee must earn a minimum of £24,000 (again, to include allowances), or be paid at the stated sum that is appropriate for the job as specified in the Codes of Practice for skilled workers. Whichever figure is highest is the one that will apply.
Your Oratto member immigration solicitor will be able to explain all of the relevant facts and the figures to you.
There are also separate guidelines for those applicants who are currently in the UK. They must earn the correct rate for the job as specified by the Code of Practice for skilled workers if they are:
- representing an overseas business organisation
- a permit holder of an intra-company transfer
- in any visa category that belongs to the Tier 2 (Intra-company Transfer) category applied for before the 6th April, 2011
Immigration solicitors from Oratto are ideally placed to answer any questions you might have regarding an application for a tier 2 (Intra-company Transfer) visa. Contact Oratto today for quick, specialised legal advice about intra-company transfers.