Employment Length of Time

[kevin321]

I would like to get an intra-company transfer visa to the UK. The UK office would like to sponsor me. I just have one question.

My issue is this: I worked for this employer in the US for 2 years. Then, I requested a transfer to our Asia office. However, instead of that being a true intra-company transfer, I technically quit my job and then was rehired by the Asia office and started working there 3 months later. I have now been working in the Asia office for 6 months.

My question is if I qualify for the ICT or not right now. I know that there is a minimum of 12 months that you have to be working for your current employer in order to qualify. While I have only worked for the Asia office for 6 month, I have worked for this employer for 30 of the past 33 months, including my time in the US office.

Thank you very much!

[manci]

It is up to the sponsor (not you) to certify in the CoS that you worked "in the organisation" for the min. qualifying period, i.e the preceding 12 months. It is a Yes or No question when the T2 ICT CoS is assigned through the SMS. They must say Yes in order for the CoS to be valid.

[kevin321]

Thank you for the reply. But is it defensible and valid for them to select "Yes" on the CoS application?

[manci]

It is up to them to decide, they are responsible to the HO for what they put in the CoS. I suppose it depends on the circumstances of the 3 month break, if you were on paid leave from your USA job before you joined the Asia branch then you certainly "worked" for the organisation throughout.