Tier2 ICT - 12 months worked in company -location query

[inlondon123]

Hi. I have a query regarding Tier 2 (ICT) visa. I understand one should have worked in the company for 12 months before ICT can be applied (unless salary is more than £73900). If someone has PBS dependent visa and worked in the company’s UK office for more than a year and now wants to apply for ICT visa (from home country) through the company’s office in home country – can he do this?

Essentially, my question is will the 12-month period of work in UK office valid for ICT visa application – or it must be in a non-UK location of that company?

[inlondon123]

Experts on the group - any thoughts please? Thanks

[Frontier Mole]

The guidance is not explicit enough on this point and I am aware of cases where this has been done. The intent of ICT is to allow substantive overseas staff with not less than 12 months service to work in the UK. The guidance does not set out location requirements but it has to be assumed the location is outside the UK.

I think you are running a major risk of getting a visa refusal for a number reasons:
It is obvious you have not worked for 12 months overseas as your tax records and dependent visa will evidence that
Why would a company bring back somebody who is already an employee in the UK as ICT - makes no sense and will be noticed readily.
The ICT role sounds like a non genuine vacancy simply because it was undertaken in the UK by an individual in the local labour market (you). So how can it be justified it is a role that can only be filled using an ICT - it is self evident it can be filled locally.

The issue here is the real reason for trying to do this - has the lead person lost their job, not able to apply for ILR on salary grounds, finished their period of study?

Whatever the reason it will be fairly obvious to the caseworker that some degree of scepticism has to applied to your application so expect the worst and hope for the best