Intra-Company Transfers
Where an employer wishes to move an individual from an entity overseas to an entity in the UK that is linked by common ownership, the sponsor does not need to conduct the resident labour market test (although the individual will have to score enough points as part of their entry clearance application). There are four types of intra-company transfers:
- Short-term established staff.
- Long-term established staff.
- Graduate trainee.
- Skills transfer.
Established staff (long-term and short-term)
An individual is awarded points under the intra-company transfer section provided they have worked for the overseas branch of the organisation for at least 12 months directly before the transfer.
For those who have been absent on maternity, paternity or adoption leave, this requirement is modified so that any 12 months in which the person has worked in the past 24 months is taken into account. So, for example, if the person has spent six months working for the employer, then 12 months on maternity leave, followed by a further six months working for the employer, this will suffice. UKVI’s policy guidance on Tier 2 also covers those on long-term sick leave.
If an individual will be paid at least a certain amount (£24,800 from 6 April 2015), they may come to the UK as a short-term established staff migrant for up to 12 months.
An individual may come to the UK as a long-term established staff migrant for up to three years (and extend their status up to a maximum of five years or apply for a five year visa from the outset) if:
- They have previously completed 12 months previous employment overseas and
- They will be paid at least a certain amount (£41,500 from 6 April 2015).
Those earning above a certain amount (£155,300 from 6 April 2015) who were granted leave after 6 April 2011 can remain in the UK for up to nine years.
An individual who has previously spent time in the UK as a short-term established staff migrant may submit an application to return to the UK as a long-term established staff migrant. Individuals who have held long-term established staff status and have left the UK can only apply to return to the UK under Tier 2 once 12 months have passed from the end of their previous Tier 2 visa (or date of curtailment), in accordance with the cooling-off period.
Graduate trainee
Employers can transfer up to five migrants for each financial year to the UK, provided that they have been employed outside the UK by the sponsoring organisation for a minimum of three months before coming to the UK and are working in a graduate occupation. An individual may only remain in this category for 12 months. Time spent in the UK as a graduate trainee does not count towards a subsequent intra-company transfer established staff application.
Skills transfer
Those in graduate level occupations, employed by a connected employer overseas, may transfer to the UK in a supernumerary role to acquire skills and knowledge through on-the-job training for a maximum of six months. It is envisaged that these skills will then be used by the individual overseas. Time spent in the UK as a skills transferee does not count towards a subsequent intra-company transfer established staff application.
