Migration Advisory Committee review of Intra-Company Transfer Route

On 28 September 2020 the Home Secretary commissioned the Migration Advisory Committee (MAC) to review the Intra-Company Transfer Immigration Route and to report on this by the end of October 2021.

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20/11/2020

Brief Background

The Intra-Company Transfer (ICT) immigration route is designed to enable employers in the UK to transfer eligible employees and specialists easily from overseas offices to roles in the UK. Under the upcoming changes to the Points-Based System, the Intra-Company route is subject to some specific changes. However it will continue to have a higher salary threshold (currently £41,500 per year) and higher skills threshold (which will remain at 'highly skilled') than the new Skilled Worker route. Full details of the Intra-Company Transfer route can be found on the Government Webpage.

The Review

The Government has asked the MAC to advise on:

  • What the salary threshold for entry to the ICT route should be;
  • what elements, if any, beyond base salary should count towards meeting the salary requirement;
  • whether, as now, different arrangements should apply to the very highly paid;
  • what the skills threshold for the route should be; and
  • the conditions of the route, in particular those where it differs from the main Tier 2 (General)/Skilled Worker route.

In addition to the review of the ICT route, the Home Office has sought the MAC's advice on expanding its mobility offer to allow overseas businesses to send teams of workers to establish a branch/subsidiary or to undertake a secondment in relation to a high-value contract for goods or services.

Currently, it is only possible to admit a single worker for the purpose of establishing a branch or subsidiary (under the Sole Representative of the Overseas Business route). The MAC has been asked to advise on the criteria that should be set in relation to the eligibility of workers (such as skill and salary thresholds) and the organisations (such as size of company, value of investment or contract or potential for job creation).

The commissioning letter from the Home Secretary is available to view here.