Andrew Osborne Ella Skinner April 21 2021 MAC call for evidence on intra-company transfer route Lewis Silkin | Employment & Immigration - United Kingdom Andrew Osborne, Ella Skinner Employment & Immigration IntroductionReview of ICT routesExpansion of immigration options for overseas businessesEvidence requested from stakeholdersIntroductionThe Migration Advisory Committee (MAC) is seeking stakeholders' views on the operation and effectiveness of the intra-company transfer (ICT) immigration route, as well as a potential expansion of the immigration options for overseas businesses setting up a presence in the United Kingdom.The deadline for submitting responses to the MAC's call for evidence is 15 June 2021. The MAC is due to report back to the government in October 2021.Review of ICT routesThe current ICT routes replaced the Tier 2 (Intra-company Transfer) category in December 2020. The main alternative is the skilled worker route.The main ICT route enables UK employers to transfer existing senior employees and specialist personnel who have been employed by a group business abroad for at least 12 months. High earners with a salary of £73,900 or higher need not meet the 12-month employment requirement.The intra-company graduate trainee route is available to transfer up to 20 graduate trainees to the United Kingdom per financial year as part of a structured graduate training programme. Graduate trainees must have been employed by a group business abroad for at least three months.The salary thresholds and skill requirements for the ICT route are higher than those of the skilled worker route and the advantages of using it are limited to certain situations (for further details please see "MAC commissioned to report on intra-company transfers").The MAC has been asked to advise on the following:salary thresholds for entry to the ICT route;which elements beyond base salary should contribute towards meeting the salary requirement;whether different arrangements should apply to high earners, as they do now;the skills threshold for this route; andthe conditions of this route, particularly those that differ from the skilled worker route.Expansion of immigration options for overseas businesses The MAC is also gathering evidence on an expansion of the government's mobility offering that would allow overseas businesses to send a small team to the United Kingdom to set up a branch, subsidiary or office in the United Kingdom. Currently, employers can send only one person under the representative of overseas business route. The government is also seeking to expand its mobility offering to include a route that would permit overseas businesses to send a team to the United Kingdom in connection with a high-value contract for the provision of products or services.The MAC is considering:criteria for the eligibility of workers, such as skill and salary threshold; andcriteria for eligible organisations, such as size of company, value of contract or potential job creation.Evidence requested from stakeholdersThe MAC would like to receive evidence on:employers' reasons for using (or not using) the ICT route in the past five years;perceptions about the ease of use of the current ICT routes;perceptions about the current salary thresholds for the ICT routes;whether and which allowances should be counted to meet salary thresholds on the ICT routes;which skill threshold should apply to the ICT routes;whether there should be reforms to the arrangements for ICT migrants to work for third-party clients;whether there should be reforms to the length of time that an applicant must have worked for the business abroad (and related exemptions);whether there should be reforms to the maximum amount of time that a person can stay in the United Kingdom under the ICT route;which differences should exist for graduate trainees compared with the main ICT route;whether the absence of an English-language requirement for the ICT routes should be retained;which alternatives businesses would pursue if the ICT routes were unavailable;whether the introduction of the skilled worker route makes the ICT route more or less attractive than before;the potential consequences of allowing businesses setting up in the United Kingdom to send a small team to do this, rather than only one individual;any experience that employers have of sending a small team to set up a business in any country;perceptions on allowing workers from an overseas business with no UK presence to be seconded to the United Kingdom to work on high-value contracts; andany other changes which stakeholders would like to see made to the ICT route.For further information on this topic please contact Andrew Osborne or Ella Skinner at Lewis Silkin by telephone (+44 20 7074 8000) or email ([email protected] or [email protected]). The Lewis Silkin website can be accessed atwww.lewissilkin.com.