How do I sponsor a migrant worker?
Tier 2 (Intra company transfer)
This page explains the requirements you must meet to get a sponsor licence for the Tier 2 (Intra company transfer) category of the points-based system.
How to prove common ownership
To get a licence, your entity must show that it has a direct link by common ownership or control with the overseas entities that you want to bring migrants to the UK from.
Common ownership or control can be:
- 1 entity controls the composition of the other entity's board; or
- 1 entity is in a position to cast, or control the casting of, more than half the maximum number of votes that might be cast at a general meeting of the other entity; or
- 1 entity holds more than half the issued share capital of the other entity (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or
- both entities have a common parent entity that itself or through other entities meets 1 of the requirements of the first 3 bullet points above in relation to both entities that are the subject of the intra company transfer; or
- 1 entity is related to the other entity as both entities are party to a joint venture agreement; or
- 1 entity is related to the other entity in that 1 entity is party to a joint venture agreement and the other entity is the entity formed by that joint venture agreement; or
- 1 entity is related to the other entity by agreement that would constitute a joint venture agreement other than for the fact that joint venture agreements are not permitted in the country of operation or 1 of the entities is not permitted to enter into joint ventures in the country of operation; or
- 1 entity is related to the other entity in that 1 entity is party to an agreement that would constitute a joint venture agreement other than for the fact that joint venture agreements are not permitted in the country of operation or that entity is not permitted to enter into joint ventures in the country of operation and the other entity is the entity formed by that agreement; or
- where both entities are either accountancy or law firms, 1 entity is related to the other entity by agreement which allows both entities to use a trademark which is registered or established under the laws of the UK and the jurisdiction of the other entity's country of operation; or
- where both entities are either accountancy or law firms, 1 entity is related to the other entity by agreement which allows both entities to operate under the same name in the UK and in the jurisdiction of the other entity's country of operation.
In the case of unincorporated associations, we may also consider the receiving entity to be a linked company if it is a registered company and its articles of association with the sending entity indicate a relationship of control (for example, one member has the power to appoint the other's trustees).
If the link between the two entities concerned in the transfer is that an individual owns shares in each entity, that individual must have a majority shareholding in each entity.
If you apply for a licence, you must provide the supporting documents listed in Appendix A of the guidance for sponsor applications, to confirm the link between the overseas entity and the sponsoring organisation.
If you already hold a Tier 2 (Intra company transfer) licence, you can assign certificates of sponsorship in any of the sub-categories below if you meet the requirements for that sub-category.