From Tier 2 Intra-company Transfer Visa to the Global Business Mobility Visa Senior or Specialist Worker Route
The intra company transfer visa route closed to new applications on the 11 April 2022. The closure of the route wasn’t widely publicised in the media and therefore to some HR directors in UK branches of international companies the news has come as a surprise. Those tasked with transferring overseas based employees to the UK, or responsible for answering the queries of sponsored employees already in the UK on intra company transfer visas, are scrabbling round for answers.
Our immigration solicitors take a look at the new global business mobility visa senior or specialist worker route that is the replacement visa option for companies looking to move existing employees to the UK and assess the switch visa options for existing intra company transfer visa holders.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on the intra company transfer visa and global business mobility visa call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Existing employees in the UK on intra company transfer visas
If your company currently sponsors an employee on an intra company transfer visa the employee won't be able to apply to the Home Office to extend the visa as the route has closed, even to visa extension applications.
Employees in the UK on intra company transfer visas don’t need to take any immediate action as their current work visa remains valid until expiry. However, for those employees who are nearing the end of their current intra company transfer visa, there will be understandable anxiety about their visa options, especially if they had planned to apply for an extension of their intra company transfer visa.
Work visa options for employees on the intra company transfer visa
Business immigration solicitors say that those employees on intra company transfer visas have two work visa options:
- Apply for a global business mobility visa using the senior or specialist worker route or
- Apply for a skilled worker visa.
Both options require your company to hold a sponsor licence and to sponsor the employee by allocating a certificate of sponsorship so the employee can apply for the appropriate work visa.
The two visa options allow an employee to bring or keep family members with them if the family members qualify for dependant visas. However, the big difference between the two work visa routes is that the senior or specialist worker visa does not lead to direct settlement in the UK, whereas time spent on the skilled worker visa counts towards the residence requirement to apply for indefinite leave to remain in the UK.
Sponsorship Licence lawyers say both visa applications fall within the UK points based immigration system and that if an existing employee meets the old criteria for a intra company transfer visa the strong likelihood is that the employee will meet the eligibility criteria for either the skilled worker visa or the senior or specialist worker route, so it is just a case of working out which sponsored immigration route best suits the company and the employee. Hopefully there will be no divergence of view, with the company wanting to end the secondment and transfer the employee back to the overseas base of the company whilst the employee is looking to settle in the UK and eventually apply for British citizenship for themselves and their family.
In addition to work visa options the employee may also be able to consider non-sponsored routes, so it is best to take some immigration legal advice on the visa options that best match the employee’s goals.
If the intra company transfer visa holder is happy to return overseas at the expiry of their current intra company transfer visa then there is the option of them returning to the UK for some limited work purposes through use of a business visitor visa. The business visitor visa is temporary and does not require an employer to hold a sponsor licence but importantly the employee is only able to carry out limited permissible business activities so it is far shorter and more restricted than alternative work visas.
Applying to switch
Business immigration solicitors anticipate that the majority of employees on the intra company transfer visa will either want to switch to the skilled worker visa or return overseas at the end of their current intra company transfer visa.
For companies and sponsored workers who know that the UK branch is the right long term fit for the overseas employee, the company and employee may want to consider the option of the employee switching to the skilled worker visa as soon as possible because:
- Time spent on either the intra company transfer visa or on the senior or specialist worker route does not count towards meeting the five year residence requirement for an application for indefinite leave to remain.
- Once an employee has secured indefinite leave to remain, the employee will no longer require a certificate of sponsorship or a sponsoring employer. Therefore, the employer won't have to comply with sponsor licence reporting and recording duties in respect of the employer and nor will the employer have to meet the costs of sponsoring an employee, such as payment if the immigration skills charge. Once the employee has settled in the UK the immigration health surcharge will also no longer be payable.
If an employee switches from the intra company transfer visa to the skilled worker visa, and the length of the skilled worker visa is less than the required five years residence requirement for a settlement application then the employee can apply to extend their skilled worker visa until they meet the residence requirement and are eligible to apply for ILR.
Switching from the intra company transfer visa to the skilled worker visa
Switching from the intra company transfer visa to the skilled worker visa is an option if a sponsored employee meets the skilled worker visa eligibility criteria:
- Aged 18 or over.
- Has a certificate of sponsorship for the skilled worker visa role.
- The skilled worker visa role is a genuine vacancy that meets the required skill level and minimum salary threshold.
- The maintenance requirement (unless the employee has already been in the UK on a visa for over twelve months) and the English language requirement are met. The English language requirement can be met through passing a test or through nationality or qualifications.
A certificate of sponsorship to switch from the intra company transfer visa to the skilled worker visa
Although an employee on a intra company transfer visa is already sponsored by your company, the employee will need a new certificate of sponsorship to be sponsored as a skilled worker visa holder. Importantly, the company will need a sponsor licence that allows you to sponsor employees on the intra company transfer visa (now senior or specialist worker visa route) and the skilled worker visa. If the existing sponsor licence does not cover sponsoring skilled worker visa holders an application can be made to the Home Office to enable the business to sponsor skilled workers. Our Sponsorship Licence lawyers can help you with ensuring your sponsor licence is extended to enable you to sponsor skilled worker visa applicants moving from the intra company transfer visa.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on switching from the intra company transfer visa call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.