Understanding the 12-Month Rule for UK Tier 2 General and ICT Visas

When it comes to securing a visa for working in the United Kingdom, understanding the requirements for the different visa categories is crucial. This article will provide clarity on the 12-month rule for the Tier 2 General and Tier 2 ICT Visas, and explore potential workarounds for companies that need to send individuals to the UK immediately after joining their team.

Challenges with the 12-Month Rule

The UK Tier 2 General Visa is designed for skilled workers who have not previously worked in the UK. According to the latest guidelines, it is now mandatory to complete a 12-month period with your current employer before applying for a Tier 2 General Visa to work for a new employer in the UK. This rule exists to ensure that sponsored workers are not easily transferable and that UK businesses can fill vacancies with local labor.

Tier 2 General Visas

For applicants aiming to work for a new UK employer under the Tier 2 General Visa category, the 12-month rule does not apply. You will join the new employer after your visa is granted. This means that if you are moving from an existing job to a new one in the UK, you can obtain a Tier 2 General Visa without having to work for your current employer for a specific duration.

Tier 2 ICT Visas

The Tier 2 ICT Visa is intended for intra-company transfers, where an employee is transferred from one location to another within the same employer. If your company is based in the UK, they can sponsor you for a Tier 2 ICT Visa. However, you are required to have worked for the same employer for at least 12 months. This rule ensures that the transfer is legitimate and not a case of circumventing labor market regulations.

Workarounds and Employers' Options

While the 12-month rule can present challenges, there are potential workarounds that companies can utilize. Here are a few options:

1. Tier 2 General Visa with a New Employer

As mentioned earlier, a new employer can sponsor a Tier 2 General Visa for you at any time, provided they have the necessary authorization and have conducted a resident labor market test. However, this will essentially be a new job, and you may need to resign from your current position. It’s important to consider the consequences of resigning and the potential impact on your career progression before proceeding.

2. Tier 2 ICT Visa if Already in the UK

If you are already working for the same employer in a country outside the UK and are transferred to the UK, you will need to meet the 12-month criteria. However, if you are already based in the UK, your current employer can sponsor you for a Tier 2 ICT Visa to transfer you to another location within the company, provided you have worked there for at least 12 months.

3. Leveraging In-European Union Transfers

UK employers who have client or customer relationships with companies based in European Union (EU) countries may consider transferring workers to the UK through intra-EU transfers. Although this does not completely eliminate the need for a 12-month work period, it provides a flexible alternative that can help organizations manage their workforce effectively.

Conclusion

While the 12-month rule for Tier 2 General and Tier 2 ICT Visas creates some challenges for employers and employees alike, there are options available to navigate these requirements. Companies must prioritize careful planning and compliance to avoid unnecessary complications and ensure the smooth transition for their staff.

For more detailed guidance or assistance with visa applications and related issues, it is advisable to consult a professional or refer to the official UK government immigration guidance.