The difference between the Tier 2 General work visa and Tier 2 Intra Company Transfer visa

The UK has always been an attractive destination for overseas workers due to its reputation of being the epicentre of business.  The UK is the home to some of the world’s biggest companies and there are respectable employment opportunities for working professionals. Employers who wish to employ workers from outside of the EU must apply for a Tier 2 Sponsor licence and then assign a Certificate of Sponsorship (CoS) to the migrant worker. It is also possible for workers to transfer to the UK using the Tier 2 Intra Company Transfer visa.

The Tier 2 General work visa route under the Points Based System (PBS)

The Tier 2 General work visa route is the most popular path for overseas migrant applying to work in the UK.  The Tier 2 General work visa will usually be granted where the Applicants can show that they are coming to the UK to fill a gap in the shortage of occupation and that the job in question cannot be filled by a settled worker in the UK. Tier 2 workers must first find an employer who holds a valid Tier 2 Sponsor Licence. They must then request a Certificate of Sponsorship to be assigned to them. Following this, the Tier 2 worker must submit a Tier 2 General work visa application ensuring the requisite number of points (70 points) have been acquired.

The Tier 2 Intra Company Transfer visa route

The Tier 2 Intra Company Transfer Visa is an option for existing employees of multinational companies who need to be transferred to their UK branch for training purposes or to fill a specific vacancy that cannot be filled by settled or EEA workers either on a long or short-term visit. There must be a direct link between the overseas company and the UK branch. Similarly to the Tier 2 General work visa the UK entity would need to hold a valid Tier 2 Sponsor Licence. There are two subcategories under the Tier 2 Intra Company Transfer route. The first is the long-term staff route which is for employees who have been working for the overseas company for at least 12 months prior to the proposed transfer.  The second branch under this visa is for graduate trainees who wish to be transferred to the UK for the purpose of training. Graduate trainees will be given a visa for a period of 12 months and it cannot be extended.

The impact of Brexit and on Tier 2 work visas

Whilst the UK remains a popular work destination there have been reports of growing concerns in relation to working in the UK post-Brexit. In particular, employers are fearful that the shortage of skilled workers will worsen.  It has been over 2 years since the controversial EU referendum and the government is yet to confirm the right of EU workers following its departure from the EU. The UK government has continued to reassure EU workers that there will be transitional arrangements in place and opportunities for EU workers to regularise their status in the UK post-Brexit. However, the lack of clarity on what these arrangements may be is causing a great discomfort for EU workers. A study by the Chartered Institute of Personnel and Development (CIPD) and the Adecco Group has found that employers are finding it ever more burdensome to fill vacancies with migrant workers. Gerwyn Davies of the CIPD has stated:

  This has heightened recruitment difficulties for some employers. It also underlines the risk that more non-UK-born citizens and employers will be discouraged from using the post-Brexit system if more support is not provided and it is not made simpler, fairer and more affordable; especially for lower-skilled roles. Against the backdrop of a tight labour market, failure to do this will heighten recruitment difficulties and could lead to negative consequences for existing staff, such as higher workloads, and loss of business or orders for firms.

The limited information available on the future of EU workers post-Brexit suggests that EU workers will also have to apply for permission to work in the UK under the Immigration Rules just like non-EEA nationals.  It is not clear whether this means that they would need to apply for Tier 2 general work visas or not.

Using Legal Representation to submit a successful Tier 2 Visa application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 2 Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

Caseworkers at the Home Office are trained to reject Tier 2 Visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully submit a Tier 2 T Visa application

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 2 Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful Tier 2 Visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your immigration matter or application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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