We were instructed by an international company in the UK on the hiring of a highly skilled worker from India. The company had originally planned for the worker to apply under tier 1 (general) as the individual was not working for the related company. However, this route was closed before the application could be submitted.
The company believed that tier 2 (ICT) was not an option as the worker was not being directly transferred by the overseas employer to the related UK entity. On examination, it transpired that the worker had been working exclusively for the company's overseas branch in a self employed capacity. The company was therefore able to issue the worker with a certificate of sponsorship (CoS) under tier 2 (ICT) after providing evidence in the form of bank statements showing payment received from the company for a 12 month period.
The worker was granted a visa under the tier 2 (ICT) established staff category.