Exemption from Immigration Skills Charge for Scale-up / EU Intra-Corporate Transferees

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

Operative dateJanuary 1, 2023

CategoryLabour migration

Affected groupHighly skilled / icts

Policy effect

Amends the Immigration Skills Charge Regulations 2017 to provide an exemption from the charge for sponsors of certain senior or specialist workers transferred from the EU under the UK-EU Trade and Cooperation Agreement.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… in exercise of the powers conferred by sections 70A and 74(8) of the Immigration Act 2014(1). In accordance with section 74(2)(ja)(2) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement and extent 1.—(1) These Regulations may be cited as the Immigration Skills Charge (Amendment) Regulations 2022 and come into force on 1st January 2023. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendment to the Immigration Skills Charge Regulations 2017 2.—(1) The Immigration Skills Charge Regulations 2017(3) are amended as follows. (2) In regulation 4 (exemptions from the charge), after paragraph (f) insert— “(g)who is intended to be a Scale-up Worker, within the meaning given by paragraph 6 of the immigration rules(4); (h)who is intended to be: (i )a Senior or Specialist Worker, within the meaning given by paragraph 6 of the immigration rules; and (ii )the subject of an intra-corporate transfer for a period of no more than 36 months as an intra-corporate transferee, as defined by Article 140(5)(d) to (g) of the Trade and Cooperation Agreement between the European Union … that a sponsor, subject to certain exemptions, must pay a charge each time it assigns a certificate of sponsorship to a skilled worker. Regulation 2 of these Regulations amends the 2017 Regulations by adding exemptions to the requirement to pay the charge in respect of sponsored workers on the Scale-up route and also specific EU national intra-corporate transferees on the Global Business Mobility - Senior or Specialist Worker route who are covered by a commitment in the EU-UK Trade and Cooperation Agreement. The Scale-up route facilitates individuals who have the skills needed to enable a scale-up business to continue growing to come to or stay in the UK. The Global Business Mobility – Senior or Specialist Worker route facilitates overseas workers who are senior managers or specialist employees to come to or stay in the UK to undertake temporary work assignments with a UK business that is linked to their employer overseas. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. (1) 2014 c. 22. Consent of the Treasury is required by section 70A(5). Section 70A was inserted by section …

legislation.gov.uk / The National Archives.The Immigration Skills Charge (Amendment) Regulations 2022 (S.I. 2022/1233).Open official source

Retrieved from https://www.legislation.gov.uk/uksi/2022/1233/contents/made

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-eb66d5114405a56b2e31. Something wrong? Flag this record.

Exemption from Immigration Skills Charge for Scale-up / EU Intra-Corporate Transferees

Policy effect

Official source excerpt

Review method

Other United Kingdom changes operative in 2023