With the new immigration Points Based System which came into effect on 1 December 2020 at 9am, came a welcoming change. Under the new rules, Tier 2 Intra-company Transfer (ICT) Migrants are able to switch into the Skilled Worker route.
Under the old rules, Tier 2 (ICT) Migrants were not allowed to switch their visa from inside the UK into the Tier 2 (General) category and were then subject to a 12 month cooling off period. Similarly, they were also unable to settle indefinitely in the UK, which they are now able to under the Skilled Worker route.
Switching from Tier 2 (ICT) to Skilled Worker
Under the old Rules, only the following categories were permitted to switch their visa to Tier 2 (General):
a Tier 1 Migrant;
a Tier 2 Migrant;
a Representative of an Overseas Business;
a Tier 5 (Temporary Worker) Migrant;
the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Student;
a Start-up migrant;
an Innovator; and
a Global Talent migrant.
However, the scope is much wider now. Currently, the only immigration status requirement under the new points based system is as follows:
SW 1.5. An applicant who is applying for permission to stay must be in the UK on the date of application and must not have, or have last been granted, permission:
(a) as a Visitor; or
(b) as a Short-term student; or
(c) as a Parent of a Child Student; or
(d) as a Seasonal Worker; or
(e) as a Domestic Worker in a Private Household; or
(f) outside the Immigration Rules.
Requirements to switch from Tier 2 (ICT) to Skilled Worker
Must be already employed in a role with a SOC Code skilled to RQF level 6 (above the new RQF level 3 minimum) which was accepted by the UK Visa & Immigration (UKVI) previously;
Must be a sponsored role that is skilled to the appropriate level and offers the appropriate minimum salary;
Must be paid a minimum salary of £41,500, which is above the new minimum salary requirement of £25,600 and the going rates for most occupation codes;
They cannot fall for the grounds for refusal, and
Must meet the English language and maintenance requirements.
There are also routes for dependent partners and children of Skilled Workers.
Length of Grant when switching from Tier 2 (ICT) to Skilled Worker
Tier 2 (ICT) migrants who switch into the Skilled Worker route, if successful, will be granted permission to stay until 14 days after the end date of their Certificate of Sponsorship (CoS).
Eligibility to Settle as a Skilled Worker
Once in the Skilled Worker route, skilled migrants will be on a route settlement. They must have spent a continuous period of 5 years in the UK on this basis as they cannot combine their time in the UK on the Tier 2 (ICT) route to settle more quickly.
Separately, they will need to meet the other requirements for settlement, including knowledge of life in the UK, and the sponsorship, salary, validity and suitability requirements.
Business immigration services
Are you experiencing a skills shortage for particular roles?
Do you want to become a sponsor so you can employ skilled employees from overseas?
Are you already a sponsor and require support with visa applications, advice on fulfilling your responsibilities and remaining compliant?
Are you concerned about employing EU nationals post-Brexit, either under the EU settlement scheme or the new immigration system?
Are you uncertain about what information you need to gather and keep in relation to ‘right to work’ checks?
Here at Noush & Co. we are experienced UK immigration experts ready to help you and your business to reach its potential by taking the worry of business immigration off your mind.
We work closely with your business, tailoring our support to the specific needs of your company. Depending on your requirements, we can either provide full end-to-end support (including management of visa applications and sponsor compliance audits to ensure you are fully compliant with your sponsor duties) or ad-hoc advice on specific queries.