One of the welcoming changes of the new immigration law in the new point-based system is the ability of Intra Company Transfer holders to switch to Skilled Workers in the UK.
Tier 2 ICT migrants were generally unable to switch within the country into the Tier 2 General category and they were also unable to settle. However, under the new Points Based System, the change would potentially allow ICT migrants to stay longer in the UK and switch to Skilled Worker routes to settle.
Other types of changes have been abolished in the "cooling period" period on ICT visa route and Skilled Worker route. Under the Tier 2 route, ICT migrants have not been allowed to come to the UK in the last 12 months (with a few exceptions) if they have stayed in the UK on any Tier 2 visa. Home Office have completely abolished this provision, while ICT migrants will still face some restrictions, but less onerous than before.
Why Switch From ICT to Skilled Worker?
If you work on ICT route, you will have a restricted stay in the UK, but if you switch to a Skilled Worker visa, you will be able to work long term and the maximum stay in the UK is as follows:
- 5 years period if your annual salary is less than £73,900.
- 9 years period if your annual salary is £73,900 or more.
If you switch to the Skilled Worker route, you can stay until the end date of the certificate of Sponsorship without any restrictions.
Additionally, ICT migrants are unable to settle in the UK. However, if you switch to the Skilled Worker route, you and your dependants are able to settle, subject to meeting the relevant requirements.
How long will it be granted when switching to a work visa?
Like all other routes, if the visa is granted, you can stay until the date your employer sponsors your visa. Once you’re in the Skilled Worker route, Skilled Workers and their dependants will be on a settlement route. You will have to spend 5 years continuously as a Skilled Worker and you cannot combine the total length of your stay on your previous ICT route.
If you have spent 10 years of continuous lawful residence in the UK, you can apply for a 10-year indefinite leave to remain on the basis of long residence.
If you are unable to meet the settlement requirements with a Skilled Worker visa, you can continue to extend your Skilled Worker visa because there is no maximum length of stay on this route.
Can I switch to a Skilled Worker at the current employer?
The most important question for ICT is "If I am currently under Tier 2 ICT, can my current employer sponsor me as a Skilled Worker?
If your employer currently holds ICT and you qualify for Skilled Worker Route requirements, you are able to switch from Tier 2 ICT to Skilled Worker with the same employer, and your visa will automatically be converted to Skilled Worker Sponsor License.
If the current ICT Sponsor employer cannot switch you to Skilled Worker Visa, you will need to find a new employer.
It is important to note that in order to switch to Skilled Worker visa within the UK, you will need to meet all requirements. Unlike the ICT, there is an English requirement. The application process is necessary and fees are involved in the application process, but there are very few disadvantages in switching to the Skilled Worker route.