The Intra-Company Transfer commonly referred to as Tier 2 (ICT)) sponsor licence is designed to allow multinational businesses to temporarily transfer overseas workers to the UK. The overseas workers must be employed for minimum of 12 months prior to transfer to a UK branch or subsidiary which is linked to the overseas entity by common ownership or control and be sponsored by the UK entity as an Intra-Company Transfer Worker.
An Intra-Company Transfer sponsor licence has a similar set of requirement as Skilled Worker sponsor licence. However, workers who come to the UK under the Intra-Company Transfer route do not have to meet all of the same requirements as a Skilled Worker. For instance, there is no English language requirement. An organisation holding an Intra-Company Transfer sponsor licence may therefore be able to transfer workers from overseas more quickly when the need arises.
Intra-Company Transfer Sponsor Licence Application: Main requirements
To make a successful application for an Intra-Company Transfer sponsor licence, the UK entity must demonstrate to UK Visas and Immigration (UKVI) that it is connected to the overseas entity by ‘common ownership or control’. The most common ways in which organisations meet this requirement is when:
- one entity controls the composition of the other entity’s board.
- one entity can cast, or control the casting of, more than half the maximum number of votes at a general meeting of the other entity.
- one entity holds more than half the issued share capital of the other entity: or
- both entities have a common parent entity that itself meets one or all of the above.
Joint venture agreements may also meet this requirement and there are also specific ways accountancy firms, law firms and unincorporated associations may demonstrate common ownership or control. If the corporate structure is unusually complicated, demonstrating how the entities are linked can often be complex. We can provide detailed advice on the full requirements.
The organisation must also demonstrate to UKVI that it is a genuine organisation operating lawfully in the UK, that it has relevant HR processes and systems in place and that it has a genuine need for a sponsor licence.
Intra-Company Transfer Sponsor Licence Application: The process
In order to apply for an Intra-Company Transfer sponsor licence, the potential sponsor must complete an online application form. A number of documents will then need to be submitted to UKVI in order to demonstrate that the organisation is genuine and trading in the UK and is linked to the overseas entity or entities. Examples of relevant documents include bank statements, VAT certificates, evidence of employer’s liability insurance and evidence of the corporate structure. All supporting documentation must be submitted to UKVI within five working days of the online form being submitted.
In addition to the documentation, the organisation must provide UKVI with some general information relating to it. The required information is set out by UKVI at Appendix A of the Sponsor Guidance.
The evidence of the corporate structure must demonstrate common ownership and control between the overseas and UK entities. This may, for example, include a sworn affidavit by a senior executive or partner identifying how the entities are linked, company accounts or the joint venture agreement.
Decisions on sponsor licence applications can take up to 16 weeks, but we would generally expect a decision within 4-8 weeks.
Sponsored workers
When an organisation has an Intra-Company Transfer sponsor licence, the overseas worker can be transferred to the UK under the following categories:
- Intra-Company Transfer Worker: for established workers of multinational companies who have either worked for the company for at least 12 months or meet the ‘high earner’ requirement; or
- Intra-Company Graduate Trainee: for transfers into structured graduate trainee programmes.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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