TIER 2 ICT VISA

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Who can apply for Tier 2 (ICT) Intra-Company Transfer Visa?

The existing employees of a multinational employer who needs to be transferred to their UK branch for training purposes or to fill a specific vacancy that cannot be filled by a settled or EEA worker, either on a long term basis or for frequent short visits can apply for Tier 2 ICT Visa.

CATEGORIES OF ICT

Sub-categories of Intra Company Transfer ICT

  • Long Term Staff

In order to apply as a Long-Term member of staff the Applicant is required to have worked for their organization for at least 12 months directly prior to their transfer and are being transferred to a skilled job in the UK to fill a post which cannot be filled by a settled worker. This is for a period of up to a maximum of 5 years

  • Graduate Trainee

You can apply for Graduate Trainee Visa if you are a recent graduate recruit and are being transferred to a UK branch for the purpose of training.

You must be coming to the UK for a maximum period of 12 months as part of a structured graduate training program. Please note the route of Graduate Trainee should not be used to fill long term posts.

REQUIREMENTS FOR TIER 2 INTRA COMPANY TRANSFER?

In order to apply for an ICT one needs to have a valid certificate of sponsorship for his/her job and be paid an appropriate salary for their job.

The Applicant must also have personal savings to prove they can support themself upon arrival in the UK or the sponsor may also certify the applicant for maintenance purposes whilst issuing the certificate of sponsorship.

The Salary for Tier 2 Intra Company Transfer ICT

The required minimum salary is as follow: (20 Points)

£41,500 for Long-term Staff

£23,000 for Graduate Trainee

It is important to note that the salary you need might be different if you are applying to extend your Tier 2 ICT visa or if you are working in the UK for less than a year.

Validity of Tier 2 Intra-Company Transfer Visa’s

The maximum stay for applicants applying under Tier ICT is 5 years and 1 month.

The Maximum stay in the UK for a Graduate Trainee is 12 months.

ICT Cooling Off Period

The ICT migrants, who had entry clearance or leave to remain as a Tier 2 ICT, are required to wait for at least 12 months of time, before they can apply for another term of employment upon completing their maximum allowable residence or leaving the UK earlier. This cooling off period is not applicable in certain cases.

DEPENDENTS OF TIER 2 ICT MIGRANTS

The Applicants are allowed to invite their spouses / partners and children under 18 years of age to join them as their dependents and would be given permission to work.

Each dependent must have £630 available to them. Please note this amount is in addition to the £945 that the applicant must have to support him/herself.

Refusal of ICT Entry Clearance

If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

EXTENSION OF TIER 2 (ICT) VISA

Tier 2 ICT migrants may apply to extend their visas if their services are still required by their employers and they are issued with a new Certificate of Sponsorship for the said purpose.

Sub-categories of Intra-Company Transfer

  • Long Term Staff

In order to apply as a Long Term member of staff the Applicant is required to have worked for their organization for at least 12 months directly prior to their transfer and are being transferred to a skilled job in the UK to fill a post which cannot be filled by a settled worker. This is for a period of up to a maximum of 5 years. If the initial visa was for a period of less than 5 years, the Tier 2 ICT migrant may apply for extension for a further period of time.

  • Graduate Trainee

Tier 2 ICT Graduate Trainee can only get a maximum of 12 months’ visa which cannot be extended further.

Requirements of Tier 2 (Intra Company Transfer Visa) ICT Extension

In order to apply for an ICT one needs to have a valid certificate of sponsorship for his/her job and be paid an appropriate salary for their job.

The Applicant must also have personal savings to prove they can support themselves or the sponsor may also certify the applicant for maintenance purposes whilst issuing the certificate of sponsorship.

The Appropriate Salary for Tier 2 Intra Company Transfer

The required minimum salary is as follow: (20 Points)

£41,500 for Long-term Staff

£23,000 for Graduate Trainee

It is important to note that the salary you need might be different if you are applying to extend your Tier 2 ICT visa or if you are working in the UK for less than a year.

Dependents of Tier 2 ICT migrants

The Applicants are allowed to invite their spouses / partners and children under 18 years of age to join them as their dependents and would be given permission to work.

Each dependent must have £630 available to them. Please note this amount is in addition to the £945 that the applicant must have to support him/herself.

Refusal of Extension of Tier 2 ICT Visa

If the ICT visa extension application is refused by the Home Office, the applicant is granted right of review of the ICT Refusal decision that must be within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the Home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings

TIER 2 INTRA COMPANY TRANSFER ILR (indefinite leave to remain)

Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds. Here we will discuss about applying for ILR on the basis of having completed the required time period and compliance with the relevant immigration rules.

This is a PBS work related category for those persons who are already in employment with the UK based employer in their overseas branch /head office. Tier 2 (Intra company transfer) allows the UK based employers to transfer their employees based overseas on short term or long term work assignments.

Only those Tier 2 (ICT) migrants may make their application for ILR who were given leave before 05th of April 2010 and they complete the required time period in compliance of all requirements.

English Language Knowledge for ICT ILR

You can prove English language requirements by having either:

  • an English qualification at B1 level
  • a degree taught or researched in English
  • national of an English-speaking country

The requirement of English Language knowledge is exempt in cases when applicants are aged 65 or over or is unable to due to disabilities or is a citizen of countries that are exempt from.

Life in the UK Test for ICT ILR

Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test.

The test is required under the Nationality, Immigration and Asylum Act 2002 and taken in order to test the knowledge of British life and sufficient proficiency in the English language.

Absences Allowed for ICT ILR

The home office has become quite generous in allowing absences for maximum 6 months in a year, provided the applicant is able to provide evidence that such absences (if that long) were work related.

Continued Employment

The applicant will need to provide evidence of the continuity of his employment with the same terms and conditions in addition to the fact that he has successfully completed 5 years in the UK.

Time Duration

The applicant will need to reside in the UK for at least 5 years which start from the date when he / she first entered the UK or first granted leave to remain. They can however make their applications 28 days before completing their 5 years in the UK. If the applicants have delayed their first arrival in the UK for a maximum of 3 months, they may be able to commence their five years time period from the date of entry clearance instead of date of arrival.

Refusal of Indefinite Leave to remain Application

If the Indefinite leave to remain application is refused by the Home office, the applicant is be given a right of administrative review of the decision that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Why to instruct Chauhan Solicitors for ICT Visa application or ICT ILR

We are a city law firm, specialising in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Tier 2 ICT Visa.

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