Tier 2 Intra Company Transfer

[BakeBuddy]

Hi,

I am setting up an authentic Chinese restaurant and will require skilled chefs from China. My concern is on the chefs tier 2 visa. I checked the job shortage occupation list and Chef SOC 5434 was in the list. Would the shortage list have any benefit or advantages in increasing the chances of the chef being accepted to the UK?

My other concern is that the ideal candidates do not know English, will the English B1 level requirement still be applicable to job shortage?

I have yet to complete a lease for my premises but are in the middle of negotiation. I will have to apply for CoS after premises has been agreed.

Without the chefs I could not operate to the standard and authenticity I would like to achieve. The risk seems high as I would have to agree to a long term lease with renovation costs and then finally letting the Home Office decide if I would be able to be granted a CoS. Then arranging the chefs to apply for tier 2.

Has anyone had this experience or know of anyone who had gone through similar procedures?

Thank you for taking the time to read.

[CR001]

You need to apply for a sponsor licence before you can get a RCoS to sponsor anyone.

SOC 5434 is on the list of non-eligible for Tier 2 General occupations as it is a RQF level 3 job, Table 4. They are only eligible for ILR with this SOC if already been in the UK and qualifying for ILR.

Table 4 - Occupations which are ineligible for Sponsorship in Tier 2 (General) and Tier 2 (Intra-Company Transfer) applications, due to skill level, but which may still apply to some indefinite leave to remain applications

[BakeBuddy]

Thank you for your reply CR001,

Can you clarify on the eligibility for ILR? From what I can understand this means the potential chefs will be not be allowed to apply via SOC 5434 job shortage occupation list as this is for chefs who still are in UK and want to extend their visa, correct? RQF is a grading system or level such like NVQ?

For my chefs to apply, will they have to apply on the tier 2 general visa which seems not to have any salary minimum requirements? As long I have done a local job advert and provided I could not find a local to have the required skills, my chefs would then are able to be employed by me?

Yes I understand I have to apply for sponsor licence for my business before I can employ the Chinese nationals.

Thank you for helping.

[CR001]

Sorry, forgot to look at Appendix K shortage occupation where it does indeed appear, but still not sure if you can use it for new tier 2 general visas but doesn't appear to have an exclusion due to the RQF level being too low.

There most certainly is a minimum salary requirement. You must pay each chef at least £29,570pa as stated in Appendix K and you need to meet all the requirements of the SOC.

https://www.gov.uk/guidance/immigration ... ation-list

5434 Chefs

Only the following job in this occupation code:

Skilled chef where:

the pay is at least £29,570 per year after deductions for accommodation, meals etc; and
the job requires five or more years relevant experience in a role of at least equivalent status to the one they are entering; and the job is not in either a fast food outlet, a standard fare outlet, or an establishment which provides a take-away service; and

The job is in one of the following roles:

executive chef - limited to one per establishment
head chef - limited to one per establishment
sous chef - limited to one for every four Spam staff per establishment
specialist chef - limited to one per speciality per establishment

A fast food outlet is one where food is prepared in bulk for speed of service, rather than to individual order.
A standard fare outlet is one where the menu is designed centrally for outlets in a chain / franchise, rather than by a chef or chefs in the individual restaurant. Standard fare outlets also include those where dishes and / or cooking sauces are bought in ready-made, rather than prepared from fresh / raw ingredients.

[BakeBuddy]

Hi CR001,

I can meet all the requirements for the SOC 5434 Chefs.

It is just the English requirement for the chefs I am worried about. I tried searching but could not find if the job shortage occupation list would allow chefs to be exempt from the English level requirement. They would be working in an environment where communication would be Chinese therefore English is not needed to carry out work duties.

While on this topic, do you have any recommendations on solicitors who would have done this type of work before? Both helping businesses apply for sponsor licence and helping immigrants apply tier 2 general visa.

Much appreciated.

[CR001]

It is just the English requirement for the chefs I am worried about. I tried searching but could not find if the job shortage occupation list would allow chefs to be exempt from the English level requirement. They would be working in an environment where communication would be Chinese therefore English is not needed to carry out work duties.

They need to meet the English requirement. It is not about what is the required communication in the work place but about integrating into British society.

https://www.gov.uk/tier-2-general/knowledge-of-english

While on this topic, do you have any recommendations on solicitors who would have done this type of work before? Both helping businesses apply for sponsor licence and helping immigrants apply tier 2 general visa.

Recommendations, names or details are not permitted to be posted on the forum. The guidance notes are pretty clear and explain the processes.

[BakeBuddy]

Hi,

I have a private limited company which is currently not trading as I have not started my business yet. I want to employ a Chinese chef who can not speak any English so they will not be applicable for the Tier 2 General Visa. I will go through the Tier 2 ICT route which means no English needed however there are certain restrictions which come along with it which is not a problem.

My question is my investor in China has a limited company and this chef is working for him for quite a while, long enough to meet the 12 months minimum requirement. I will obtain a sponsor license in order to sponsor this particular chef. However for the ICT route I would need prove my company is linked to the Chinese company where the chef is coming from. I have read but find it confusing on the article on how to prove two entities is actually one or linked.
There were options such as holding company(holding account) which watches over these 2 companies. Or put my name into his company (as major shareholder?) or his name into my company(major shareholder?).

I would prefer to put his name into my company as it is not trading yet rather than my name into his company which is complicated with all the shareholders there. I have 100% shares of my own company and from what I can understand I would need to give 50% or 51% into his name?

If he does get the 51% would that mean I could no longer make the decisions or sign documents on behalf of company decisions such as dealing with local council etc? Would having his name onto both companies be enough evidence he owns (or at least he is a silent partner in my company) to show to Home Office for ICT sponsor license?


Thank you for reading!

Thanks,

BakeBuddy

[amit2453]

One thing to mention..
Minimum salary criteria is quite higher in case of ICT now. Approx 41K something.

[CR001]

Topics Merged (click to read)

[CR001]

https://www.gov.uk/guidance/immigration ... sed-system

245G. Purpose of this route and definitions

This route enables multinational employers to transfer their existing employees from outside the EEA to their UK branch for training purposes or to fill a specific vacancy that cannot be filled by a British or EEA worker. There are two sub-categories in this route:
(i) Long Term staff: for established employees of multi-national companies who are being transferred to a skilled job in the UK[/b][/u] which could not be carried out by a new recruit from the resident workforce;
(ii) Graduate Trainee: for recent graduate recruits of multi-national companies who are being transferred to the UK branch of the same organisation as part of a structured graduate training programme, which clearly defines progression towards a managerial or specialist role.

[BakeBuddy]

Hi CR001,

Thank you for your reply.

My question is how do I prove or what documents do I need to obtain for the Home Office to show that the two companies are working together to the point they are one entity? Or at least have control over the other.

And if my understanding of handing over company house files to show the shareholders, would this be sufficient enough?

Thanks,

BBuddy

[CR001]

You should read the Tier 2 Sponsorship guidance carefully, it tells you what is required to qualify for a licence.

https://assets.publishing.service.gov.u ... _final.pdf

See particularly page 28 onwards on HO needing to establish that all is genuine and above board.

[BakeBuddy]

Hi everyone,

I am in the midst of applying for a sponsor license for my limited company. I will be doing an Intra company transfer for a chef that is working overseas. My question is will the shortage occupation list still be applicable, because the chef is going to be applying tier 2 intra company transfer and not general?

I have only noticed it quite late recently. Has anyone ever gone through as a chef via intra company transfer?

I was previously advised I could apply still help the chef apply intra company transfer but under the chef shortage occupation list. Is this even possible?

I have copied and pasted below something that is of concern for me and may stop me from transferring a chef to the UK based company to work.

****
PART 2: TIER 2 (INTRA-COMPANY TRANSFER)
Attributes
20. You must score 50 points in total for your attributes. The points you can score for
attributes are listed in the table below:
Criterion Points
Certificate of Sponsorship 30
Appropriate salary 20
Minimum skill level
21. To score points for sponsorship, you must have a valid Certificate of Sponsorship from a
licensed sponsor.
22. The Certificate of Sponsorship must confirm that the job is at Regulated Qualifications
Framework (RQF) level 6 as stated in the codes of practice, or the job is a creative sector
occupation skilled to RQF level 4 as listed in the Tier 2 & 5 Sponsor Guidance. This does
not mean that you must be educated to that level; it means that the job is at that level. The
Certificate of Sponsorship must also confirm that you will be paid at or above the
appropriate rate for the job. These requirements are set out in Appendix J of the
Immigration Rules at www.gov.uk/guidance/immigration-rules/i ... illed-work and the Tier 2 & 5 Sponsor Guidance on gov.uk.

****

I found this on the Tier 2 policy guidance - Link below.
https://assets.publishing.service.gov.u ... 1_2018.pdf

But on this link it does not mention anything about skill requirements.
https://www.gov.uk/tier-2-intracompany- ... ligibility

Please do help me clear this up as I have been running around these and not certain of an answer.

Thanks!

[Frontier Mole]

So you own / operatevan an overseas company and wish to transfer an existing chef that has worked in the overseas company for at least 12 months?

Tier 2 ICT is the strangest way to employ a chef in the UK, for a start you have to meet a higher minimum wage so I am at a loss as why you want to pursue that method.

Can it be done, the guidance suggests it can, would you want to though?

If the chef meets the shortage occupation requirements it is a better / cheaper option to use Tier 2 general route. Out of interest did you apply for a Tier 2 general and ICT licence or just ICT?

[BakeBuddy]

Hi Frontier,

Thanks for your reply.

My case worker is working to apply for ICT sponsor license. The reason is that the potential chef does not have knowledge of English so the tier 2 general visa would have not been possible.

There is a confusion to me, the government site stated tier 2 general usually means a job of RQF of level 6 or higher. I had seen the shortage occupation list also had chefs on it and chefs/restaurant managers are apparently recognised to be level 3/4.

Yes I know the ICT route is expensive in hiring but this potential chef is a specialist chef and will be helping the restaurant be different from the rest.

My company is linked to a Chinese overseas company.

Thanks

[CR001]

Topics Merged (click to read)

Please keep all your questions on the same question of sponsoring a chef in ONE topic (this one)!!

[CR001]

So you own / operatevan an overseas company and wish to transfer an existing chef that has worked in the overseas company for at least 12 months?

Tier 2 ICT is the strangest way to employ a chef in the UK, for a start you have to meet a higher minimum wage so I am at a loss as why you want to pursue that method.

Can it be done, the guidance suggests it can, would you want to though?

If the chef meets the shortage occupation requirements it is a better / cheaper option to use Tier 2 general route. Out of interest did you apply for a Tier 2 general and ICT licence or just ICT?

See merged topics from last year for info/history.

[Frontier Mole]

When you say linked to a Chinese company - how is it linked? Do you own it? Does it own the Uk company.....

[Frontier Mole]

Now having read the merged posts I am hearingd alarm bells - I am pretty sure you are heading for a licence refusal.

What you are trying to achieve is an artificial link in order to invoke ICT, as you are already a 100% shareholder any changes to bring about this link will show exactly what this is really about.

The overseas company - if it was truly looking to expand into the UK would have set up a joint venture contract and a new legal entity with you as a co investment partner. They would be investing in the business and taking an active part in their business expansion. It appears that is not the case and the only involvement is to allow a claim for a ICT link....

What you have described is nothing more than a work around to secure a chef that does not speak English as you can’t use the Tier 2 general route.

[BakeBuddy]

Thanks for your reply Frontier.

Why does it matter if the UK company wasn't started originally with the overseas company?

As long the overseas company is legitimate and joint venture agreement is legal through solicitors, I do not foresee any problems but please do give your view as it will definitely help.

All process is done legally.

Thanks

[Frontier Mole]

One question - how much will the overseas company be investing?
Not interested in the purchase of the shares... just how much money / hard cash will they be pumping into the UK setup.

Does the overseas company operate multiple outlets in China?