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Tier 2 Intra-Company Transfer Changes

Tier 2 Intra-Company Transfer Changes

Current rules Post-1 January 2021 rules
Applicants are subject to a “cooling-off” period whereby Tier 2 (ICT) visa holders cannot apply for another Tier 2 (ICT) for at least 12 months from the date they leave the United Kingdom. Those earning over £120,000 are exempt from the cooling-off period. The cooling-off period will be simplified so that Tier 2 (ICT) migrants must not hold entry clearance or leave to enter or remain as an intra-company transferee for more than five years in any six-year period. There will continue to be an exemption for high earners but the threshold has been reduced to £73,900.
“Experienced workers” must earn at least £30,000 or the SOC code salary minimum, whichever is higher. Experienced workers” must earn at least £25,600 or the SOC code minimum salary, whichever is higher. Lower salary thresholds are available for those roles which are at PhD Level or are on the Shortage Occupation List.
Tier 2 (ICT) migrants are not permitted to switch into Tier 2 (General) from within the United Kingdom. Tier 2 (ICT) migrants will be able to switch into Skilled Worker from within the United Kingdom subject to meeting the requirements. This provides a path to settlement for Tier 2 (ICT) migrants, but time spent in Tier 2 (ICT) will not count towards the five-year residence requirement.

What is not changing?

The proposed job role must be at the highly skilled level of RQF 6 (degree level and above) and be on the Standard Occupational Code (SOC) job list.

Applicants must have been working for an overseas entity linked by common ownership and control to the United Kingdom sponsor for at least 12 months before application unless their earnings are over £73,900.

Applicants must be earning at least £41,500 or the SOC code minimum, whichever is higher.

ICT migrants may only remain in the United Kingdom for five years (nine years if they earn over £73,900).

There are no regional salary thresholds or different arrangements for different parts of the United Kingdom.

There is no English language requirement.