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26 Oct ICT – Prospective changes to the route

Posted on October 26, 2021 in Working in the UK by
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On 13 October 2021, the Migration Advisory Committee (MAC) reviewed the Intra-company Transfer (ICT) scheme and provided their suggestions. As a result, if the Home Office were to follow and implement these suggestions, the ICT route might see some very significant changes.

One of the most important changes would see ICT migrants able to apply for Indefinite Leave to Remain (ILR) in the UK. Currently, the ICT scheme does not lead to settlement. However, ICT visa holders have been allowed to switch to a Skilled Worker visa in country since December 2020. MAC has recommended that the ICT route should lead to Indefinite Leave to Remain, without the need to switch to other scheme. In addition, time spent on leave to enter and remain as an ICT holder should also count towards settlement if the worker does switch into another route.

However, MAC does recommend that the minimum skill level for ICT visa should remain at RQF 6 or above. Skilled worker visa applicants only need to meet the lower threshold of RQF3.

In terms of salaries’ threshold, MAC suggests it should be set at the median annual gross wage of occupations which are RQF 6 or above using data from the Annual Survey of Hours and Earnings (ASHE).  This means that the salary threshold will increase to £42,400 per annum. Currently, the salary threshold is £41,500 for an ICT visa and at least £23,000 for an Intra-company Graduate Trainee visa. MAC also suggests the Home Office reduces the salary threshold for Graduate Trainee visa to £20,480 per annum.

For Immigration Skills Charge (ISC), MAC recommends sponsors should continue paying this for ICT migrants. Currently, the ISC is set at £364 per year per person for small or charitable sponsors whilst £1000 per year for medium or large companies.

For English language requirement, MAC suggests that the Home Office should maintain a policy of requiring no English language requirement for ICT migrants.

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The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.