Change ahead for Tier 2 ICT visa route
The Tier 2 Intra-company Transfer route faces a possible overhaul following a recent review of the Tier 2 skilled worker visa system.
The review, conducted by the independent Migration Advisory Committee (MAC), recommends that major changes are made to the UK’s skilled migration route, Tier 2.
Alongside other aspects of Tier 2, the review attends to the Intra-company Transfer route (ICT), a Tier 2 subcategory which allows multinational companies to transfer key personnel from their overseas branches to the UK for temporary periods, rather than to fill permanent UK vacancies.
Although the ICT route brings significant benefits to the UK economy, encouraging foreign trade and investment, the MAC has proposed ways in which it can be made more effective.
Below, we take a look at the most important of these recommendations in the context of the route’s current state.
- More role-specific detail from sponsors – In order to ensure that the role for which the ICT applicant is applying is sufficiently specialist to require a foreign migrant, the MAC proposes that sponsors are required to provide the Home Office with much more detail about the role on their application for a Certificate of Sponsorship.
- A longer qualifying period – As part of their ICT application, applicants must currently prove that they have been working for the company overseas for a period of at least 12 months. The MAC now recommends that this period be extended to two years for both short and long-term ICT applications.
- The IHS charge for ICT migrants – The Immigration Health Surcharge (IHS) is currently payable by anyone who holds a Tier 1, Tier 2 General, Dependant or Study visa, with but few exceptions. The MAC now deems it only fair that Tier 2 ICT migrants also pay the upfront health surcharge of £200 per year for which their visa is valid; this would mean an IHS of £600 per 3-year visa.
- A new route for third-party contracting – The MAC has pointed to the ever-diverging use of the ICT route for third-party contracting, whereby the sponsor organisation uses the transferee to carry out work for a third-party organisation. This is substantially different to the original purpose of the route and a new subcategory dedicated to these types of business transactions has therefore been proposed. In order to reduce the number of migrants entering the UK for this purpose, the MAC suggests that the minimum salary threshold be set at £41,500.
Further details on the MAC’s proposals for Tier 2 can be found here.
It is now up to the government to decide whether to act upon the MAC’s proposals but it is quite possible that some may be introduced as early as April 2016.
For more information on the MAC’s recommendations and how they could affect your sponsor organisation or immigration strategy, contact Smith Stone Walters.
Increased Tier 2 salary threshold proposed
Skills levy for employers of Tier 2 migrants
MAC recommends tightening of Tier 2 skilled worker visa route
