New legislation which came into play from 1st January 2021 has changed working visas and certain criteria now has to be met. Intra-Company Transfer Visas are one of these. An Intra-Company visa allows you to come to or stay in the UK to do an eligible job at your employer’s UK branch. The company needs to be registered and hold a licence as a sponsor and the employee must have a sponsorship certificate issued by the company, before the application for the intra company transfer process can begin. Although the applicant is sponsored to work for a UK company and is able to work overseas, their application is not guaranteed.
Intra-Company Transfer visa
You would apply for this visa if you’re being transferred by your employer to a role in the UK and you will need to have worked for your employer overseas for more than 12 months, unless they’re going to pay you £73,900 a year or more to work in the UK. This visa has replaced the Tier 2 (Intra-Company Transfer) Long-term Staff visa.
Intra-company Graduate Trainee visa
This visa is for transfers to the UK as part of a graduate training programme for a managerial or specialist role and you will need to have worked for your employer overseas for at least 3 months immediately before the date you apply. This visa has replaced the Tier 2 (Intra-Company Transfer) Graduate Trainee visa.
To qualify for an Intra-Company visa, you must:
- Be an existing employee of an organisation that’s been approved by the Home Office as a sponsor
- Have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
- Do a job that’s on the list of eligible occupations
- Be paid at least £41,500 for an Intra-company Transfer visa or at least £23,000 for an Intra-company Graduate Trainee visa
- The specific eligibility requirements depend on your job.
How long you can stay?
How long you can stay in the UK with an Intra-company visa depends on which visa you’re applying for and how long your employer is sponsoring you for. If you’re applying for an Intra-Company Transfer visa you can stay in the UK with an Intra-company Transfer visa for whichever is shorter of:
- The time given on your certificate of sponsorship plus 14 days
- -5 years
- The length of time that takes you to the maximum total stay allowed
The maximum total stay allowed for an Intra-Company Transfer visa is:
- 5 years in any 6 year period if you’re paid less than £73,900 a year
- 9 years in any 10 year period if you’re paid £73,900 a year or more
You can extend your visa or apply for another one up to the maximum total stay. If you have already been in the UK with an Intra-Company visa before your application, that time will be included in your total stay.
If you need more information on the Intra-Company Transfer Visa effective from the 1st January 2021, please contact us here.