It is an increasingly common scenario that companies conduct their commercial operations from offices based both within the UK and overseas. In cases where an employee from a country outside the European Economic Area (EEA) is required to transfer to one of the organisation's UK bases to work for a prescribed period, a visa application will need to be made so that they can carry out their role. The Intra-Company Transfer Visa has been created for this purpose, with different classes of visa available depending upon the purpose of the transfer and the length of time that the individual intends to be based in the UK.
The Immigration Solicitors at Wilford Smith offer a range of services to both workers and businesses to support them when applying for an Intra-Company Transfer Visa. Contact one of our immigration experts today to find out how we can help.
What is an Intra-Company Transfer Visa?
The Intra-Company Transfer Visa is a category of visa for non-EEA workers with an overseas employer who wish to transfer to a UK branch or subsidiary to fill a specific vacancy. Following changes to the law made in 2016, there are now two categories of Intra-Company Transfer Visa:
This type of Intra-Company Transfer Visa allows applicants to transfer to work in the UK for a period of over 12 months to take up a vacancy that cannot otherwise be filled by a recruit from the UK. Applicants must have worked for the company for a minimum term unless the salary is above a set threshold.
Limits are placed on the amount of time that Intra-Company Transfer Visa holders can spend in the UK after their visa has been granted. Those who transfer as a long-term staff member are permitted to stay for nine years if they meet the earnings threshold, with workers earning below the threshold being allowed to remain in the UK for up to five years and one month. The Intra-Company Transfer Visa is now no longer a route to gaining indefinite leave to remain in the UK.
This type of Intra-Company Transfer Visa allows individuals to transfer into a Graduate Trainee programme for a specialist role. It is a requirement that the applicant is a recent graduate and has a minimum of three months experience working with the employer overseas.
As is the case for those workers transferring as long-term staff, graduate trainees are also restricted in the length of time they are permitted to remain in the UK. Those relocating under this type of visa can stay for up to 12 months.
Can family members accompany an individual transferring to the UK under an Intra-Company Transfer Visa?
Yes, family members and dependent children can accompany workers moving to the UK under this type of visa. The applicant will need to show that anyone moving with them can be supported financially during their time in the UK by demonstrating that they have additional funds available to do this.
What are the eligibility requirements for an Intra-Company Transfer Visa?
Those seeking to apply for an Intra-Company Transfer Visa must be able to show that:
- They have an offer of a job from an organisation based in the UK that holds a sponsorship licence
- They have a Certificate of Sponsorship from their employer
- They possess suitable skills and experience for their role
- The role for which they are transferring is at a relevant skill level and that they will be paid an appropriate salary for their work
- They have sufficient funds to support themselves
- They do not fall for refusal under the general grounds for refusal
Contact our Immigration Lawyers in Sheffield and London
Wilford Smith's experienced Immigration Solicitors are based in Sheffield and London, and advise clients throughout England and Wales. Find out more information on our fees here. Our Immigration Lawyers can assist with all aspects of your visa application, from ensuring that your application meets all relevant legal requirements and compiling supporting documents, to completing and submitting forms and liaising with UK Visas & Immigration officials throughout this process. Contact us today on 01709 828 044 to find out how we can help.