Is the Intra-company Transfer (ICT) route an option?
The minimum salary payable to sponsor a migrant in the Intra-company Transfer (ICT) category is £41,500 a year or the going rate, if higher.
Who is the ICT route open to?
The ICT route is open to any migrant who has worked for an overseas linked company for at least 12 months prior to the date of application.
If the salary to be paid for the UK role is £73,900 a year or above, the migrant still needs to be working for the overseas entity when they apply, but there is no minimum period of previous employment.
Home Office requirements
The Home Office must be aware that the overseas company is a linked entity of the sponsor. This means that the Home Office must have been made aware of the overseas company and its link to the UK sponsor when the licence application was submitted, or subsequently by way of a notification submitted to the Home Office via the Sponsorship Management System (SMS).
If not, the sponsor must submit a notification to the Home Office via the SMS to add the overseas company as a linked entity and wait for confirmation from the Home Office that the change has been noted before the CoS can be issued to the migrant.
Evidence, such as an affidavit signed by a senior partner or executive within the UK entity setting out the link between the companies, must be sent to the Home Office to demonstrate the relationship between the two companies.
However, unlike Skilled Worker, the ICT route does not lead to settlement in the UK. The sponsor should ensure that the migrant is aware of this before they submit their application.
Once the applicant has begun a role in the UK under the ICT route they can only move to the Skilled Worker category if they meet the Skilled Worker eligibility criteria. This includes meeting the English language and minimum salary requirements for the category.
Contact our business immigration solicitors today
For specific advice for your business, please get in touch with our specialist Employment Law team through this website or by calling 0330 404 0768.
Our partners at Ashtons HR Consulting are also on hand to assist you.
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