The Tier 2 Intra-Company Transfer (ICT) visa was designed for employees of multinational companies who needed to transfer to a UK branch of their organisation. Although the route has now closed to new applicants and been replaced by the Global Business Mobility: Senior or Specialist Worker visa, many individuals remain in the UK on legacy ICT visas.
The main restriction with the Tier 2 ICT visa is that it does not lead to Indefinite Leave to Remain (ILR). Time spent on this visa does not count towards settlement. Most ICT visa holders are limited to a maximum stay of five years, or nine years for those classified as high earners under the rules at the time. Once the time limit is reached, the visa cannot be extended further.
The key consideration for visa holders approaching the end of their permitted stay is whether they are eligible to switch to another route, such as the Skilled Worker visa. Switching may allow a longer stay in the UK and open up a route to settlement, but the new role must meet sponsorship, salary and skill requirements.
Employers and individuals must assess options early to avoid a break in permission or a requirement to leave the UK.
Can I extend my Tier 2 ICT visa after 5 years?
The Tier 2 Intra-Company Transfer (ICT) visa was used by multinational companies to transfer employees to a UK branch. Although the route has closed to new applicants, some individuals remain in the UK on legacy ICT visas issued before the changes in 2022.
Most Tier 2 ICT visa holders were subject to a five-year maximum stay unless they qualified as a high earner. High earners, under the rules at the time, could remain in the UK for up to nine years. Once the permitted period has been reached, the visa cannot be extended further. There is no route from the Tier 2 ICT visa to Indefinite Leave to Remain, which means long-term settlement is not available through this visa category alone.
Those wishing to stay in the UK after five years on a Tier 2 ICT visa may be able to switch to another visa type, such as the Skilled Worker visa, provided they meet the requirements. The new role must meet minimum salary thresholds and be eligible for sponsorship under the Skilled Worker route.
Without switching to another visa, you will need to leave the UK when your Tier 2 ICT visa expires. Early planning is important to avoid a break in lawful status.
Does time spent on a Tier 2 ICT visa count towards settlement?
Time spent in the UK on a Tier 2 Intra-Company Transfer (ICT) visa does not count towards settlement, also known as Indefinite Leave to Remain (ILR). The ICT route was designed for temporary assignments rather than long-term residence, and so it did not offer a direct path to settlement in the UK.
Even if you have lived in the UK for several years under an ICT visa, those years cannot be used to meet the five-year residence requirement for ILR. If you wish to apply for settlement, you must switch into a visa category that allows for it, such as the Skilled Worker visa, and then begin a new qualifying period.
The Skilled Worker route requires five years of continuous residence to be eligible for ILR. The qualifying period begins from the date the Skilled Worker visa is granted, not from the time you first entered the UK under the ICT category.
Some exceptions may apply if you qualify for ILR on other grounds, such as ten years of lawful residence in the UK under various visa categories. However, the standard five-year ILR route excludes time spent solely on an ICT visa. Planning ahead is important to avoid disruption when nearing the end of your current visa.
What are my options if I want to stay in the UK after 5 years?
If you have reached the five-year limit on a Tier 2 Intra-Company Transfer (ICT) visa and want to remain in the UK, you will need to consider alternative immigration routes. The Tier 2 ICT visa does not lead to Indefinite Leave to Remain (ILR), and time spent on this visa cannot be counted towards settlement. Once the maximum stay is reached, you cannot extend your visa under the same category unless you were classed as a high earner under the rules at the time and have not yet exceeded nine years in the UK.
One of the most common options for remaining in the UK is to switch to a Skilled Worker visa. You must have a job offer from a UK employer who holds a sponsor licence. The job must meet the salary threshold and be listed as eligible under the Skilled Worker route. In most cases, you must be paid at least £38,700 per year or the going rate for your role, whichever is higher. Some jobs in shortage occupations or those that require specific qualifications may have lower salary thresholds.
The Skilled Worker visa can be granted for up to five years at a time and can lead to ILR after five years of continuous residence in the UK. Time already spent on a Tier 2 ICT visa does not count towards the five-year requirement for settlement, so your qualifying period would begin from the date the Skilled Worker visa is granted.
You may also consider applying under a different category, depending on your personal circumstances. If you are married to or in a civil partnership with a British citizen or someone with settled status, you may be eligible to apply for a Spouse or Partner visa. This route has its own requirements, including a minimum income threshold and evidence of a genuine relationship, but it does lead to settlement after five years.
Some individuals may be eligible to apply under the Global Talent, Innovator Founder, or Start-up routes if they have the relevant skills, qualifications or business plans. These routes are highly specific and require endorsement from approved bodies or government departments. They are not suitable for most people transferring from an ICT visa unless they meet all the relevant criteria.
If you have children in the UK who have lived here for several years, you may be able to explore options under the family or private life routes. These applications are considered under different rules and are usually based on long-term residence and family ties. They may not be suitable for short-term cases but can apply in more settled situations.
You must act before your current leave expires. If you stay in the UK without valid immigration status, you may lose the ability to apply from within the country and risk future applications being refused. Early planning is strongly advised to ensure you meet all deadlines and prepare the necessary documents. Switching routes often involves different requirements, so seeking professional advice can help you choose the most appropriate path.
Tier 2 ICT to Skilled Worker Visa switching
Switching from a Tier 2 Intra-Company Transfer (ICT) visa to a Skilled Worker visa is allowed under current UK immigration rules. Many people who arrived in the UK under the Tier 2 ICT route now consider switching in order to remain in the UK longer or to gain a path to settlement.
The Skilled Worker visa replaced the Tier 2 (General) visa and is now the main route for sponsored employment in the UK. Unlike the ICT route, the Skilled Worker visa can lead to Indefinite Leave to Remain after five years. Time spent under the ICT route does not count towards settlement, so the qualifying period starts when the Skilled Worker visa is granted.
You can apply to switch to the Skilled Worker route from inside the UK, provided you meet all the requirements. You must have a valid Certificate of Sponsorship from a licensed UK employer, and the job must meet the salary and skill level required under the Skilled Worker rules. Most roles require a salary of at least £38,700 per year or the going rate for the occupation, whichever is higher. Some roles may have lower thresholds depending on job type and qualifications.
You must also meet the English language requirement, unless you are exempt. The application is made online and includes a visa fee and the Immigration Health Surcharge. You will need to provide supporting documents and attend a biometric appointment.
Once approved, your new visa will allow you to live and work in the UK under the Skilled Worker conditions. You can include dependent family members in your application if they meet the requirements. Switching visas can offer greater security and a clear route to long-term residence in the UK.
What happens if I reach the 5-year limit and cannot switch?
If you reach the five-year limit on a Tier 2 Intra-Company Transfer (ICT) visa and are not eligible to switch to another visa route, you will be expected to leave the UK when your current visa expires. The Tier 2 ICT route was designed for temporary transfers and does not offer a path to settlement or long-term stay unless you qualified under the high earner category, which allowed for a stay of up to nine years.
If you do not leave the UK before your visa expires, you may become an overstayer. Overstaying can lead to serious consequences, including refusal of future visa applications and difficulty returning to the UK. You may also lose the ability to apply from within the UK if you later become eligible for another route.
Employers must stop employing individuals who no longer hold valid permission to work in the UK. If your visa cannot be extended and you do not meet the requirements to switch to another category, you will need to return to your home country or apply for a new visa from outside the UK if eligible.
You should review your options well in advance and make any applications before your current visa ends to avoid disruption to your immigration status.
Need assistance?
As immigration law specialists, DavidsonMorris are experienced advisers to employers and workers on application such as visa extensions and indefinite leave to remain applications. If you have a query, contact us for advice.
Tier 2 ICT visa extension FAQs
Can I extend my Tier 2 ICT visa after 5 years?
In most cases, no. Under the old rules, the Tier 2 ICT visa had a maximum stay of 5 years, or 9 years for high earners. Once you reach that limit, you cannot extend your stay on the same visa beyond the permitted period.
What are my options if I want to stay in the UK after 5 years?
You may be able to switch to another visa route, such as the Skilled Worker visa, if you meet the eligibility requirements and are applying from within the UK. Switching depends on your job role, salary, sponsorship, and whether your role is eligible under the Skilled Worker route.
Does time spent on a Tier 2 ICT visa count towards settlement?
No. Time spent in the UK on a Tier 2 ICT visa does not count towards Indefinite Leave to Remain (ILR). If you switch to a Skilled Worker visa, only the time spent under that visa will count towards settlement.
Can I switch from an ICT visa to a Skilled Worker visa?
Yes, under current rules, you can switch from the ICT route to the Skilled Worker route from within the UK, provided you meet the requirements for sponsorship, salary and job role.
What happens if I reach the 5-year limit and cannot switch?
If you cannot switch to another visa route, you will be required to leave the UK. You may be subject to a cooling-off period before applying to return under certain work routes, although this no longer applies to Skilled Worker visas.
Is the ICT route still available for new applicants?
The Tier 2 ICT route is now closed. It has been replaced by the Global Business Mobility: Senior or Specialist Worker visa, which has its own rules and does not lead to settlement.
Glossary
| Term | Definition |
|---|---|
| Tier 2 ICT Visa | A former UK work visa route for employees transferring from an overseas branch of a company to a UK office. Now closed to new applicants. |
| Intra-Company Transfer | The process of transferring an employee within the same organisation from an overseas office to a UK branch. |
| Global Business Mobility Visa | The visa route that replaced the Tier 2 ICT visa, designed for overseas workers being transferred to the UK for temporary assignments. |
| High Earner | A Tier 2 ICT visa holder who earned above a certain salary threshold, allowing for a longer stay in the UK (up to nine years). |
| Skilled Worker Visa | The current UK work visa route for sponsored workers, which can lead to settlement after five years if eligibility criteria are met. |
| Settlement | Also known as Indefinite Leave to Remain (ILR), this allows a person to live and work in the UK without time restrictions. |
| Indefinite Leave to Remain (ILR) | Permission to stay in the UK permanently without immigration restrictions. Not available to those solely on the Tier 2 ICT route. |
| Cooling-off Period | A period that some former visa holders had to wait outside the UK before applying for a new visa. No longer applies to Skilled Worker visas. |
| Switching | The process of moving from one visa route to another from within the UK, subject to meeting the requirements of the new route. |
| Sponsorship | The process by which a UK employer is licensed by the Home Office to employ non-UK nationals under work visa routes. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
