As reported in our December 2010 update although the tier 2 (intra-company transfer) category (tier 2 ICT) is not to be affected by the annual limit to be introduced in April 2011, there are changes to the tier 2 ICT category that will be coming into effect.

Tier 2 ICT applicants in the established staff sub-category will only be able to stay in the UK for up to five years if they are paid more than £40,000 per year. However, those paid between £24,000 and £40,000 will be able to enter for up to 12 months within a specified period. There have been indications from the UKBA that the employee may have to spend up to 12 months outside the UK before becoming eligible again to be transferred to the UK under this category.

The current rules will continue to apply to tier 2 ICT migrants in the graduate trainee and skills transfer sub-categories.

Please also note that the UKBA has also stated that it will firmly cap the tier 2 ICT category at five years for those entering the category after April 2011.