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Tier 2 (Intra company transfer)

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Settlement

This page explains whether and how you can apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') if you are here under Tier 2 (Intra company transfer) of the points-based system.

Details of these requirements are set out in Part 6A of the Immigration Rules (paragraph 245GF), which you can find on the right of this page.

You must meet all the requirements of the Immigration Rules at the time when you apply for settlement. If you are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.

You should make your application for settlement using application form SET(O). You can find the form and guidance notes on the right side of this page. You must read the guidance notes before you apply.

Current requirements for settlement

At present, you cannot apply for settlement until you have been in the UK for a continuous period of 5 years in an eligible immigration category.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must do so for a serious or compelling reason.

Time spent in the Channel Islands and the Isle of Man may be included in the continuous period as long as you were given permission to stay in the Tier 2 (Intra company transfer) category before 6 April 2010, or in any of the following categories:

. qualifying work permit holder
. representative of an overseas business

 If you were given permission to stay in the Channel Islands or the Isle of Man as a work permit holder, it must have been given for employment as an intra company transfer.

Your most recent permission to stay must have been given in the UK in the Tier 2 (Intra company transfer).

This 5-year continuous period can include any time that you have spent in the following immigration categories before applying under Tier 2 (Intra company transfer):

  • qualifying work permit holder
  • representative of an overseas business

The 5-year continuous period must include time spent as:

  • a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
  • a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.

Also, the sponsor that gave you the certificate of sponsorship for your current job must:

  • certify in writing that they still need you in the job; and
  • confirm that you are paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. If you are not being paid the appropriate salary rate due to maternity, paternity or adoption leave, your sponsor must confirm the date your leave started and that you were paid at the appropriate salary rate immediately before the start of that leave.

To prove that you are paid at or above the appropriate rate for the job, you must provide specified documents to evidence your sponsor's certification. These must include:

  • your most recent payslip dated no earlier than 1 calendar month before the date of your application; and
  • your most recent personal bank or building society statement dated no earlier than 1 calendar month before the date of your application, or a building society pass book showing transactions by the sponsor in the period no earlier than 1 calendar month before the date of your application

If you are not being paid the appropriate rate due to maternity, paternity or adoption leave, the documents you must provide must include:


. your payslip from the month immediately before  the leave and your payslips for each month of the leave; and
. your bank statement from the month immediately before  the leave and your statement for each month of your leave.

The SET(O) application form contains more information about these documents.

You must have sufficient English language ability and knowledge of life in the UK, unless you are under 18 years old or over 65 years old when you apply. You can find more information in the Settlement section.

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Can your dependants apply for settlement?

If your dependants want to apply for settlement, they and you must meet all the requirements of the Immigration Rules at the time when they apply for settlement. If they are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.

At present, your partner must have lived with you in the UK for a minimum of 5 years or 2 years if they had been granted leave as your partner before 9 July 2012 and continuously since then, before they can apply for settlement. Your children can apply for settlement when you and your partner have either:

  • applied for settlement; or
  • been granted settlement.

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Application forms

Application for permanent residence in the UK in an employment or other category listed on the form

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See also

Policy & Law