TIER 2 VISA - INTRA-COMPANY TRANSFERS

The intra-company transfer category is for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a United Kingdom branch of the organisation or a related United Kingdom entity. The transferring employee must have been working for for the overseas organisation, for at least six months directly before the transfer.

If you want to register to employ intra-company transferees, all of the branches (or entities) given in your application must be linked by common ownership or control and you will have to provide evidence to prove this. Because of the specific nature of these transfers, you do not have to meet the resident labour market test.

The job must be at S/NVQ level 3 or above, and the migrant must earn the appropriate salary or other package of remuneration appropriate for the job, including any specific allowances we deem appropriate, in the United Kingdom.

How to prove common ownership

To get a licence, your entity must show that it has a direct link by common ownership or control with the overseas entities that you want to bring migrants to the United Kingdom from.

Common ownership or control can be:

• one entity controls the composition of the other entity's board; or
• one entity is in a position to cast, or control the casting of, more than half the maximum number of votes that might be cast at a general meeting of the other entity; or
• one entity holds more than half the issued share capital of the other entity (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or
• both entities have a common parent entity that itself or through other entities meets one of the requirements of the first three bullet points above in relation to both entities that are the subject of the intra company transfer; or
• one entity is related to the other entity as both entities are party to a joint venture agreement; or
• one entity is related to the other entity in that one entity is party to a joint venture agreement and the other entity is the entity formed by that joint venture agreement; or
• one entity is related to the other entity by agreement that would constitute a joint venture agreement other than for the fact that joint venture agreements are not permitted in the country of operation or one of the entities is not permitted to enter into joint ventures in the country of operation; or
• one entity is related to the other entity in that one entity is party to an agreement that would constitute a joint venture agreement other than for the fact that joint venture agreements are not permitted in the country of operation or that entity is not permitted to enter into joint ventures in the country of operation and the other entity is the entity formed by that agreement; or
• where both entities are either accountancy or law firms, one entity is related to the other entity by agreement which allows both entities to use a trademark which is registered or established under the laws of the United Kingdom and the jurisdiction of the other entity's country of operation; or
• where both entities are either accountancy or law firms, one entity is related to the other entity by agreement which allows both entities to operate under the same name in the United Kingdom and in the jurisdiction of the other entity's country of operation;
• in the case of unincorporated associations, we may also consider the receiving entity to be a linked company if it is a registered company and its articles of association with the sending entity indicate a relationship of control (for example, one member has the power to appoint the other's trustees).

If you think we can help you with your immigration situation, contact us to make an appointment. Call 02080902408 (Office) / 07869286490 (Mobile) or email info@systimesolutions.com or fill in the enquiry form.