There are four categories of Skilled Worker applicants who will require a certificate of sponsorship from their sponsors in order to make a visa application in line with the certificate:-

 TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)

The UKBA announced changes in the criteria of making applications under Tier 2 (General) and Tier 2 (Intra-Company Transfer) that came into force on 6th April 2010.  The other two categories of Tier 2, i.e. Tier 2 (Sportsperson) and Tier 2 (Minister of Religion), remained unchanged.

Tier 2 (Intra Company Transfer)

This category caters for the multinational companies who wish to invite their existing employees working in their overseas branch or head office to work in the UK.
The sponsor needs to issue the applicant a certificate of sponsorship and needs to ensure the salary on offer and the qualifications of the applicant will enable him or her to satisfy the rules.

Applicants are required to score at a minimum number of points, depending on the type of application, in order to successfully apply under this category.

A    Categories of Tier 2 (ICT)

Intra-Company transfers are now split into four sub-categories:-

1.    Short Term staff

This sub-category is for established employees who are being transferred to the UK for 12 months or less in respect of a skilled job that could not be carried out by a new recruit from the resident workforce.

The points required depend whether the applicant is making their initial application or extending their leave and are as follows:

The overseas worker must have worked for at least 12 months for the overseas branch or head office at the time of application.  The job has to be at graduate level, paid at least £24,000 per annum and at or above the appropriate rate for the job.

The successful entry clearance applicant will be granted leave to enter for the length of the engagement plus one month or for six months, whichever is the shorter.  If applying for leave to remain the successful applicant will be granted leave for the length of the engagement plus 14 days or the difference between the period of leave the applicant has already been granted and 12 months, whichever is the shorter.

2.    Long Term staff

This sub-category is for established employees who are being transferred to the UK for 12 months or more in respect of a skilled job that could not be carried out by a new recruit from the resident workforce.

The points required depend whether the applicant is making their initial application or extending their leave and are as follows:

No.	Application	Points Required	Attributes	Maintenance	English language
1	Initial Application	60	50	10	-
2	Extension Application (in case of extending beyond 3 years)	70	50	10	10

The overseas worker must have worked for at least 12 months for the overseas branch or head office at the time of application. The job has to be at graduate level, paid at least £40,000 per annum and at or above the appropriate rate for the job.

The successful entry clearance applicant will be granted leave to enter for the length of the engagement plus one month or for three years and one month, whichever is the shorter.
If applying for leave to remain, those who are already on a Tier 2 (ICT) visa under the rules in place before 6th April 2011 would be given a visa for 2 years or for a period equal to the length of the period of engagement plus 14 days,  whichever is the shorter (if the application is not for a change of employment)

Those who are applying for leave to remain as a Qualifying Work Permit Holder (on the basis of Intra-Company Transfer) or a Tier 2 (Intra-Company Transfer) migrant (having previously had leave as a Qualifying Work Permit Holder on the basis of Intra-Company Transfer) would be given the balance of the duration to enable them complete 5 years’ residence or the duration stated on the Certificate of Sponsorship whichever is less (unless that period is less than 2 years in which case they would be granted a further 2 years’ stay or a period equal to the length of the period of engagement plus 14 days,  whichever is the shorter)

3.    Graduate Trainee

This sub-category will be for the new graduates who need to come to the UK as part of a structured training programme which clearly defines progression towards a managerial or specialist role.  The applicant must have worked for the overseas branch or head office for at least 3 months and will be able to apply for entry clearance for a maximum of 12 months. Switching into other categories or applying for extension for leave to remain for more than 12 months will not be permitted.

They still require scoring 50 points for attributes and 10 points for maintenance to qualify.  They do not need to score points under English language section.

The job has to be at graduate level, paid at least £24,000 per annum and at or above the appropriate rate for the job.  The applicant must also be able to provide evidence of the structured program that they will follow. The sponsors will be limited to sponsor maximum five graduate trainees per year.

4.    Skills Transfer

This sub-category is for overseas employees who are being transferred to the UK branch in a graduate occupation to learn the skills and knowledge they will need to perform their job overseas, or to impart their skills to the UK workforce.

There is no minimum requirement in respect of company experience. Applicants will be given entry clearance for a maximum of 6 months.  Switching into other categories or applying for leave to remain for more than 6 months will not be permitted.

Applicants require 50 points for attributes and 10 points for maintenance to qualify under this category.  They do not need to score points under English language section.  The job has to be at graduate level, paid at least £24,000 per annum and at or above the appropriate rate for the job.

B     Scoring Sections

I     Attributes

The applicant must score 50 points under this section that can be claimed under the following criteria:

1. Valid Certificate of Sponsorship – 30 points
2. Appropriate salary – 20 points

In order to be a valid Certificate of Sponsorship it would have to be issued in accordance with the Immigration Rules at Appendix A, paragraph 74.  Amongst other requirements, it cannot have been issued more than three months before the date of application and it has to record that the job appears on the list of graduate level occupations as stated in the codes of practice for Tier 2 sponsors as published by the UK Border Agency (for exceptions, see transitional measures below).

All applicants in the UK on an Intra-Company Transfer under the rules in place before 6th April 2011 and paid at least the appropriate rate (according to the codes of practice on the UKBA website) will score 20 points for appropriate salary.  (Please see above individual categories for appropriate salary in respect new applicants.)

II     English Language

1. Those Tier 2 (Intra-Company Transfer) applicants who apply for entry clearance for the first time are exempt from this requirement.
2. Those Tier 2 (Intra-Company Transfer) applicants whose total leave, as a result of the Tier 2 application, would not reach 3 years or more are exempt from this requirement.
3. Tier 2 (ICT - Graduate Trainees) migrants are exempt from this requirement
4. Tier 2 (ICT - Skills Transfer) migrants are exempt from this requirement.
5. Those Tier 2 (Intra-Company Transfer) applicants who are seeking leave to remain that would result in extending their stay in the UK for more than 3 years will be required to provide evidence that they speak, communicate and understand English language to a ‘basic user standard’. This can be done in three ways:

• By being a national of one of the majority English speaking countries, i.e. USA, Australia, Canada, etc.
• By having a UK Bachelors degree level equivalent qualification from a majority English speaking country or that was taught in English (verified by UK NARIC as equivalent) – please note Canada is not included in this respect
• By having passed an approved English language test to the ‘basic user standard’ (equivalent to A1 CEFR)

This will give the applicant 10 points.

III     Maintenance

Applicants will need to score 10 points under this section. This can be possible in the following ways:

1. Providing  the last 3 months’ bank statements prior to the date of application (with a closing balance dated not more than one month before the date of application) showing a balance of at least £800 at all times; or
2. The employer (sponsor) can certify that they will provide maintenance and accommodation during the first month of his employment in the UK. Please note that only A rated sponsors are be able to certify maintenance for prospective workers.

Maintenance for Dependants: The applicant will require showing an extra £533 for each of his dependants in addition to the £800 that he or she requires for himself/herself.

The sponsor of the applicant will also be able to certify the dependants of the prospective employee for maintenance purposes.

C    Transitional Measures

After 6th April, 2011, the following persons can extend their stay under the Tier 2 (Intra-Company Transfer: Long Term Staff) category under transitional measures where he or she has or was last granted leave in one the following categories:-

• Tier 2 (Intra-Company Transfer: Established Staff)
• Tier 2 (Intra-Company Transfer) migrant under the rules in place before 6th April 2010
• Qualifying Work Permit Holder (on the basis of Intra-Company Transfer only)
• Representative of an Overseas Business

The applicant will need to working for the same employer as in the previous application.  The job will not need to be at graduate level and the salary will not need to meet the minimum salary threshold of £40,000.  However, the Certificate of Sponsorship will need to confirm the job is at or above S/NVQ level 3 and that the applicant will be paid at or above the appropriate rate for the job.

D    Switching Rules

Only those applicants granted leave in the following categories can switch into the Tier 2 (Intra-Company Transfer: Long Term Staff) category:-

• Tier 2 (Intra-Company Transfer: Established Staff)
• Tier 2 (Intra-Company Transfer) migrant under the rules in place before 6th April 2010
• Qualifying work permit holder (on the basis of Intra-Company Transfer only)
• Representative of an Overseas Business

The applicant will need to be working for the same employer as in the previous application.

Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right to make a request for a review of the decision that must be exercised within 28 days of the date of service of the decision. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

Appeals (In country Applications only)

Applicants whose Tier 2 extension applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, applicants are no longer allowed to make use of fresh evidence in order to challenge the decision of the UKBA (unless appealing on human rights, asylum or race discrimination grounds) and can rely only on the evidence submitted with the application. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to seek professional assistance in lodging an appeal against any decision of UKBA.

Settlement Prospects

Tier 2 (ICT) workers can apply for indefinite leave to remain in the UK on completion of a total of five years in the following categories, most recently having Tier 2 (ICT) leave to remain:

• Tier 2 (Intra-Company Transfer) migrant granted under the rules in place before 6th April 2010
• Qualifying Work Permit Holder (on the basis of Intra-Company Transfer only)
• Representative of an Overseas Business

Dependants would also be allowed to apply for settlement with the main applicant if they had last been granted leave as a dependant of the main applicant (in respect of partners, provided they have lived with the main applicant in the UK for at least two years).

What services we can offer?

• We can advise on the procedure of making the Tier 2 application in line with the sponsorship certificate
• We can assess the job and the applicant`s details and advise on the likelihood of the applicant being sponsored under Tier 2
• We can advise the applicants on making their leave to remain/entry clearance applications in line with the sponsorship certificate
• We can also advise the applicants for inviting his or her family on dependant visas.
• We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is refused for some reason
• We can advise in making applications for indefinite leave to remain for those who have already completed the five years’ qualifying period in the UK

Whatever the case, we are here to assist, advise and represent our clients in relation to any aspect of their immigration matters.