Home > Workers > Working in the UK Under the Intra Company Transfer Rule

Working in the UK Under the Intra Company Transfer Rule

By: Louise Smith, barrister - Updated: 21 Nov 2010 | comments*Discuss
Uk Immigration Employer Employee Intra

Specific rules apply when a migrant worker comes to the UK under the Intra Company Transfer Rule. Intra Company Transfer is part of Tier 2 of the points based immigration system for workers in the UK.

Tier 2 of the immigration system applies to skilled workers who come to the UK to do a job that could not be filled by a local worker.

Immigration under this category requires workers to score the requisite number of points and to be sponsored by a licensed employer.

The Tier 2 rules and eligibility criteria change frequently – there are two main reasons for this:

  • To cater to particular needs and gaps in the market place;
  • To address ongoing concerns about foreign workers taking jobs that could be done by UK or EU workers.
Anyone considering applying to work in the UK under Tier 2 of the immigration system should make sure that they have checked on the latest rules and requirements.

The Intra Company Transfer Rule

As its name suggests, the intra company transfer category of Tier 2 applies specifically to existing employees of international companies. Applicants under this rule must satisfy various requirements before being permitted to work in the UK for their current employer. These requirements include having the appropriate qualifications and the ability to financially support themselves and any dependents. Depending on the length of time a worker is due to be in the UK, applicants must usually also have attained an appropriate level of skill in the English language.

Applications under this category can be made by nationals of countries outside the European Economic Area, who are over the age of 16. Applications may be made from within the UK – provided that the applicant has permission to be in the UK and that his current immigration category permits him to switch to Tier 2.

If successful, applicants under this category may be permitted to stay in the UK for an initial period of up to approximately three years. If the worker then wishes to remain in the UK for longer than three years they should apply to extend their visa. The visa may be extended for up to a further two years. Workers in the UK under Tier 2 are allowed to apply for permanent settlement in the UK once they have satisfied the five-year residence requirements.

Qualifying Under the Intra Company Transfer Rule

In addition to the other Tier 2 requirements, workers applying under the Intra Company Transfer Rule must also have been working for their employer for at least six months prior to making their application. Applicants applying for the first time will have to provide documents proving that they satisfy the minimum employment requirement. This proof may, for example, be in the form of payslips or bank statements showing a worker’s salary being paid into their accounts.

Workers who do not satisfy the six month employment rule because they have been on maternity or paternity leave prior to making their application may still satisfy the requirement if they can show that they had worked for their employer for a six month period during the previous 18 months.

Employers’ Responsibilities for Intra Company Transfer Workers

Workers can only qualify under the Intra Company Transfer rule if – in addition to satisfying all of the other requirements of the points-based system – their employer has granted them a certificate of sponsorship describing them as an intra company transfer worker. The employer must confirm that the worker has the necessary skill levels and that he will be paid an appropriate salary for the job. (Foreign workers must not be paid less than local workers would have to be paid.)

One of the main differences for an employer sponsoring a foreign worker under the Intra Company Transfer Rule, as opposed to other categories of Tier 2, is that the employer is not required to carry out a “resident labour market test” before bringing in a foreign worker. This means that they do not have to prove that a particular post could not be filled by a local worker before bringing in a foreign employee.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
Why not be the first to leave a comment for discussion, ask for advice or share your story...

If you'd like to ask a question one of our experts (workload permitting) or a helpful reader hopefully can help you... We also love comments and interesting stories

(never shown)
(never shown)
(never shown)
(never shown)
Enter word:
Latest Comments
  • abetiku
    Re: Registering a Child as a UK Citizen or National
    Hi, please I need advice. I came to UK with Tier 2 (3 years visa) and my husband and daughter as…
    18 October 2017
  • rae
    Re: Marrying a UK Resident
    Hi ..am an asylum seeker with a pending case. My boyfriend is a british citizen and we intend to marry, however i wanted to know, if am…
    18 October 2017
  • zippy
    Re: Types of Workers Needed in the UK
    Hi,Am a Kenyan citizen aged 33and l would like to work in the UK as a stewardess or cleaner.kindly advise on where to start…
    18 October 2017
  • Loz
    Re: Marrying a UK Citizen
    Hi! I am from the UK and have lived in Australia for the past 2.5 years. Myself and my Brazilian partner are now travelling to New Zealand…
    18 October 2017
  • Abz127
    Re: Can I Apply for UK Residence?
    My wife has finally received her UK spouse visa. Can you advise when she is likely to receive her BRP decision letter with…
    17 October 2017
  • AboutImmigration
    Re: Giving Birth to a Child in the UK
    ben - Your Question:Hi I'm from Zimbabwe I was working in the Uk (legally) for 5 years on a ancestrieal visa I have a child…
    17 October 2017
  • AboutImmigration
    Re: Appealing a Refusal of Indefinite Leave to Remain in UK
    Mickg - Your Question:My thai wife today, has been advised her application for 2nd half of 5…
    17 October 2017
  • AboutImmigration
    Re: Registering a Child as a UK Citizen or National
    Guy - Your Question:Hello. It is written in the above page:"It may be possible to register a child born…
    17 October 2017
  • AboutImmigration
    Re: Marrying a UK Citizen
    Smizzy - Your Question:I was deported from the U.S. In 2009 and I have a girlfriend that lives in the UK. We plan to get married next year.…
    17 October 2017
  • AboutImmigration
    Re: Deportation from the UK
    KAY - Your Question:Hello guys, my name is Kayode, sentenced to 18weeks in prison in 2015 but before then iI applied for a visa to stay…
    17 October 2017
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the AboutImmigration website. Please read our Disclaimer.