Working and conditions

This page explains what additional work you can do under the intra-company transfer category (Tier 2 Intra-company transfer) of the points-based system in the UK, and how you change or finish your job.

How long can you stay in the UK?

The length of your permitted stay in the UK depends on your sub-category and your current location:

Sub-category	Where are you applying from?	Maximum length of stay
Long-term staff	Outside the UK	3 years plus 1 month, or the period given on your certificate of sponsorship plus 1 month, whichever is shorter (beginning no more than 14 days before the start date given on your certificate of sponsorship). You can then apply to extend your stay for another 2 years, or the time given in your certificate of sponsorship plus 14 days, whichever is shorter
Long-term staff	Inside the UK (switching from a work permit)	You can apply to stay for a further 3 years plus 14 days, or the period given on your certificate of sponsorship plus 14 days, whichever is shorter. For more information see 'Applying inside the UK'.
Long-term staff	Inside the UK (changing your employment with the same sponsor)	2 years, or the period given on your certificate of sponsorship plus 14 days, whichever is shorter (beginning on the start date given on your certificate of sponsorship). If you have been in the UK under the Rules in place on or after 6 April 2011, your total time in the UK cannot exceed 5 years, or 9 years if your salary is £152,100 or more for each year.
Short-term staff	Outside the UK	12 months, or the period given on your certificate of sponsorship plus 1 month, whichever is shorter (beginning no more than 14 days before the start date given on your certificate of sponsorship).
Short-term staff	Inside the UK	You can apply for the period of time you need to take your total stay in the UK in this sub-category to 12 months, or the period given on your certificate of sponsorship plus 1 month, whichever is shorter (beginning no more than 14 days before the start date given on your certificate of sponsorship).
Graduate trainee	Outside the UK	12 months, or the period given on your certificate of sponsorship plus 1 month, whichever is shorter (beginning no more than 14 days before the start date given on your certificate of sponsorship).
Graduate trainee	Inside the UK	You can apply for the period of time you need to take your total stay in the UK in this sub-category to 12 months, or the period given on your certificate of sponsorship plus 1 month, whichever is shorter (beginning no more than 14 days before the start date given on your certificate of sponsorship).
Skills transfer	Outside the UK	6 months
Skills transfer	Inside the UK	You can apply for the period of time you need to take your total stay in the UK in this sub-category to 6 months, or the period given on your certificate of sponsorship plus 1 month, whichever is shorter (beginning no more than 14 days before the start date given on your certificate of sponsorship).

When your permission to stay expires, you must leave the UK. You will not be able to apply to return here under Tier 2 (Intra company transfer) for 12 months after your permission expires unless you:

• are applying for entry clearance in the Tier 2 (Intra companytTransfer) long-term staff sub-category having, or last having leave in Tier 2 (Intra company transfer) short term staff, graduate trainee or skills transfer sub-categories, or under the Rules in place before 6 April 2011; or
• can provide evidence of having left the UK 12 months ago or longer and not having entered the UK using Tier 2 leave subsequently or will earn more than £152,100 per year.
  

If you applied under the Tier 2 (Intra company transfer) category before 6 April 2010, or if you switch into that category from being an intra-company transferee work permit holder, you may be able to apply for settlement when you have been here for some time. The Settlement page contains more information.

When can you come to the UK?

You can enter the UK up to 14 days before job's 'start date', which was given by your sponsor in your certificate of sponsorship.

Conditions of your stay

If we give you permission to stay in the UK, the only work you are allowed to do is:

• the job described in your certificate of sponsorship, working for your sponsor; and
• an extra job in the same sector and at the same level or in a job on the shortage occupation list, provided that you do not work more than 20 hours per week in that job (see below); and
• voluntary work.

Additionally, you will:

• have no access to state benefits; and
• need to register with the police if this is required by paragraph 326 of the Immigration Rules: and
• not be allowed to start up or run a business.

Extra jobs

In addition to the job specified in your certificate of sponsorship, you can do extra work if it is:

• in the same profession and at the same professional level as the job specified in your certificate of sponsorship or in a job on the shortage occupation list;
• no more than 20 hours per week; and
  
• outside the working hours covered by your certificate of sponsorship.

If you start an extra job that meets these requirements, you do not need to tell us about it.

You can do voluntary work in any sector. You must not be paid or receive other money for the voluntary work, except reasonable expenses as described in section 44 of the National Minimum Wage Act. See the OPSI website on the right of this page for more information about the National Minimum Wage Act.

Second jobs

You can apply to do a second (additional) job that is not in the same profession as the job specified in your certificate of sponsorship and is not 'extra work' (because, for example, it requires more than 20 hours' work per week). But you will need a new certificate of sponsorship for this second job, in addition to the certificate of sponsorship for your existing job.

You cannot apply for a second job until you have started working for your first sponsor (the one that gave you your certificate of sponsorship allowing you to work in the UK under Tier 2). You will need to meet the points-based assessment for the category in which you are applying.

You will need to make a new application to us. This application must include a letter saying that you want to change your existing permission to stay. The letter must include:

• your name;
• your date of birth;
• your certificate of sponsorship reference number (from your current permission to stay);and
• confirmation of the date when your current permission to stay expires.
  

Changing your job

If you want to change your job while you are in the UK under Tier 2, you may need to make a 'change of employment' application to extend your permission to stay.

A 'change of employment' application is treated in the same way as an initial application under Tier 2. You must have a new certificate of sponsorship and you must meet all the points requirements - this means that your sponsor will need to carry out a new resident labour market test unless your new job is on the shortage occupation list or you are applying in the Tier 2 (Intra Company Transfer) category. You will not need to send us other evidence of the points you are claiming, if you have already sent this evidence in a previous Tier 2 application.

You will need to make a 'change of employment' application if you want to start a new job with a different employer.

You will need to make a 'change of employment' application if you want to stay with your current employer but:

• your core duties will change so that your job will be in a different Standard Occupational Classification (SOC) code other than one related  solely to the reclassification from SOC 2000 to SOC 2010; or
• (if you are currently doing a job that is on the shortage occupation list) your core duties will change so that you will be doing a job that is not on the shortage occupation list; or
• your pay will be lower than the level indicated on your current certificate of sponsorship or work permit, unless this is because of a company-wide reduction defined as acceptable in the sponsor guidance, or because of maternity or adoption leave or changes to your core duties which means your job changes within the same SOC code provided your pay remains above the acceptable rate for the new job.

You will not need to make a 'change of employment' application if you want to stay with your current employer but your job will change in other ways (for example, if you want to change to a new job in the same SOC code, or if your pay will increase).

If you make a 'change of employment' application, we recommend that you do not start your new job until you have received your biometric residence permit. You and your sponsor may agree to start your job before you have your card, on the basis of your approval letter, but you will both carry the risk of having no statutory excuse against a civil penalty if the card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new certificate of sponsorship, provided your previous permission to stay has not expired.

If your job ends

If your job ends before your permission to stay expires, it is likely that we may limit your permission to stay to 60 days. If you want to stay in the UK beyond that time, you will need to make a new application.

We will not limit your permission to stay if your permission to stay will expire in less than 6 months anyway.