Intra-Company Transfer Visa

An Intra-Company Transfer work permit or visa  (ICT) is applicable for the transfer of key staff into a UK subsidiary company. There are certain requirements to be met before staff can be transferred to the UK subsidiary company in this way. It is a requirement that staff involved in an intra-company transfer must have been employed by their overseas company for at least six months prior to an intra-company transfer application being made and evidence of their links with the overseas company must be provided showing that the individual possesses the relevant company knowledge, experience and necessary qualifications in order for an Intra Company Transfer to the UK.

There is no requirement for the compay to advertise the position as with work permit applications and there is no requirement that the company provides evidence that their staff requirements could not be met through the UK staff market.  Nevertheless reasons must be shown by the company why the particular member of staff is required in the UK and although ICT provides a route toward evenual settlement in the UK, the company must initially provide evidence of the likely duration of the Intra Company Transfer. Employers will need to first obtain a Sponsorship Licence from the UK Border Agency to be able to bring staff to the UK in this manner and that is a separate application process itself.  

Intra-Company Transfers (ICT) allow a UK employer to fill a specific need that they are not able to fill from the resident EU work force by transferring staff from their overseas operations to the UK. An Intra-Company Transfer UK work permit allows a non-EU citizen to work in the UK in a specific role for a specific company. Staff are not allowed to transfer to work for another company during the validity of the visa without first returning to their country of origin, fulfilling the visa requirements and re-applying for entry to the UK again. Each applicant must have been issued with a Sponsorship Licence by the UK employer before they submit their application to the British Embassy or Consulate abroad. The application must be submitted through a British Embassy or Consulate abroad and cannot be applied for from within the United Kingdom.

Eligibility Criteria

Position To be eligible for ICT the position the employer is seeking to fill must meet NVQ level 3 and above. Furthermore, if the candidate works in a profession they may be required to be registered with the Governing body. For example a doctor must be registered with the General Medical Council. To be eligible the employee must have a level of knowledge that is essential to the post in the UK. For example an Accountancy business will need to show that the employee is at least familiar with the practices of that business.

Education. The candidate must have either:

• a relevant degree, or
• a non relevant degree and one year of experience, or
• no degree and three years of relevant experience.

The employee will need to show that they have been employed with the company  for whom the Intra-Company Transfer work permit is being sought at their overseas office for at least six months prior to the application.

Benefits

The main benefit of this type of visa is that unlike a standard  working permit, an employer does not need to demonstrate that the position has been advertised before applying for an ICT.

The ICT route provides a straightforward solution to working in the UK with a specific purpose for a specific employer. Unlike the new Tier 1 of the Points Based System or the former Highly Skilled Migrant Programme, no points based assessment of the employee is required

Duration

An Intra Company Transfer visa can be valid for any period of time up to five years, dependant upon the requirements of the sponsoring company. Under the present immigration rules it is possible for the employee to apply to remain in the UK indefinitely at the conclusion of that initial 5 year period, although the Government is reviewing this option and it may be that this will be withdrawn in due course. However; it is unlikely that this option can be legally withdrawn from those employees who have already obtained their ICT visas due to teh HUman Rights implications.

Eligibility Criteria

Employer Requirements – Position

To be eligible for the ICT visa service the position which the employer is seeking to fill must meet NVQ level 3 or above. Furthermore, if the candidate is a member of a specific profession they may be required to be registered with the appropriate governing body. The employer must also hold a valid UK Sponsorship Licence for this class of visa. We can advise and assist employers in relation to the requirements for such licences upon request.

Employer Requirements – Education

The candidate must have one of the following:

• A relevant degree.
• A non-relevant degree and one year of experience.
• No degree and three years of relevant experience.

Employee history within the organisation

The employee for whom the ICT is being sought must have been employed by the overseas company for a period of at least six months prior to the submission of the application. Documentary evidence of this relationship must be produced before visas of this class can be issued.

Spouse’s of ICT Applicants

An Intra Company Transfer visa applicant is permitted to bring with them to the UK their spouse orunmarried partner and any dependant children under the age of 18 providing that they will cohabit with the holder of the Intra-Company Transfer visa.

In the case of an unmarried partner, the applicant must establish with documentary evidence that the relationship has been in existence for at least two years prior to making the application for ICT.