To sponsor migrants under the Tier 2 (Intra-Company Transfer (ICT)) sub categories, you must show a direct link by common ownership or control with the overseas entities from which you will bring migrants to the UK.
Common ownership or control may be shown by one of the following:
- one entity controls the composition of the other entity’s board
- one entity can cast, or control the casting of, more than half the maximum number of votes at a general meeting of the other entity one entity holds more than half the issued share capital of the other entity (apart from any part of that issued share capital that has no right to take part beyond a set amount in a distribution of either profits or capital)
- both entities have a common parent entity that itself or through other entities meets one of all requirements above about both entities that are the subject of the intra- company transfer
- one entity is related to the other entity as both are party to a joint venture agreement
- one entity is related to the other entity in that one is party to a joint venture agreement and the other is formed by that joint venture agreement
- one entity is related to the other 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
- one entity is related to the other in that one entity is party to an agreement that would make up a joint venture agreement other than for the fact that joint venture agreements are not allowed in the country of operation or that entity is not allowed to enter into joint ventures in the country of operation and the other entity is the entity formed by that agreement
- where both entities are either accountancy or law firms, one entity is related to the other by agreement which allows both to use a trademark registered or established under UK law and the jurisdiction of the other entity’s country of operation
- where both entities are either accountancy or law firms, one entity is related to the other by agreement which allows both to run under the same name in the UK and in the jurisdiction of the other entity’s country of operation
- in the case of unincorporated associations, we may consider the receiving entity to be a linked company if it is a registered company and its Articles of Association with the sending entity show a relationship of control, for example one member has the power to appoint the other’s trustees
Where the link between the 2 entities between which the transfer will take place is that an individual owns shares in each entity, that individual must have a majority shareholding in each entity. You must provide documentary evidence of your shareholding in terms of percentages held.
Where the link is via a joint venture, we must be sure that there is a genuine vacancy for a migrant before we accept that you can sponsor someone under the Tier 2 (ICT) provisions. There are many forms of joint venture; we will ask you to provide several pieces of evidence to show that the venture is in operation.
You should also supply as many of the following as are applicable to your circumstances:
- if a new company has been formed you should provide references from Companies House and confirm the entities involved in the joint venture together with the owners of the new company
- public announcements of the joint venture
- a copy of an official letter from the overseas company (or foreign investor) to Ministers confirming their intention to invest in the UK, naming the entities involved in the joint venture
- a copy of the binding contract or partnership agreement, signed appropriately, between the entities in the joint venture agreement – this must include the names and positions of the signatories, the investment or ownership agreement of the enterprise, and timescales and phases of the project
- if the joint venture has a previous history of working with the Department for International Trade (DIT) or economic devolved government departments in Scotland, Wales or Northern Ireland, we may accept evidence via the DIT listing online of the joint venture
The above is not a complete list and we will ask you for any further evidence we need to assess your circumstances.
We will not accept informal agreements of cooperation as sufficient evidence that a genuine vacancy exists for a migrant in the UK. The joint venture must already be operating and the vacancy must already exist before we will accept there is a genuine vacancy for a migrant worker.
When you apply for a licence under Tier 2 (ICT), you must send the supporting documents listed in Appendix A of the guidance for sponsors to confirm the link between you and the overseas entity.