• Insights

Talent Swaps – UK Immigration Considerations

September 29, 2016

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Natasha Catterson

Natasha Catterson

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9155

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Natasha Catterson

Natasha Catterson

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9155

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Natasha Catterson

Natasha Catterson

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9155

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Natasha Catterson

International talent swaps are rapidly becoming one of the fastest growing trends in global mobility. The experience of working in a different country, and gaining exposure to another culture, is highly valued by employees, particularly those in the millennial generation. Employers are realising that by allowing employees from different locations to exchange jobs for a short period of time, they can lure top talent to their organisations. Short term secondments are also an excellent way to progress emerging, high potential employees towards the next rung on the leadership ladder by cultivating their global mindset and promoting cross-office collaboration.

There’s no doubt that such talent swaps can be highly beneficial for business, but they can prove challenging from an immigration perspective. As we regularly receive enquiries regarding talent swaps between the US and the UK, we thought it would be useful to provide an overview of the relevant immigration options in both jurisdictions. This blog focuses on the UK requirements, whilst my Partner Lisa Koenig will address the US considerations here.

Unless an individual is an EEA national or holds a UK visa in their own right, perhaps through ancestry or marriage, the main immigration category to investigate will be the Tier 2 Intra Company Transfer (ICT) visa. I’m often asked whether a business visitor visa can be utilised, however, this is not appropriate for anyone undertaking productive work or ‘on the job’ training. On the rare occasions, I receive a late night phone call because someone has been denied entry to the UK and is being held at Heathrow airport, it’s usually because they’ve attempted to enter the country to “provide cover” for a UK employee who is going on holiday or maternity leave. The business visitor visa is suitable for employees attending meetings, conferences, or joining classroom based training.  However, job swap employees will almost always be undertaking productive work, therefore, the correct work authorisation should be sought.

Before looking at the eligibility requirements for the individual, it’s important to note that the employer must first hold a Tier 2 A-Rated Sponsor Licence from the Home Office. This will allow them to issue Certificates of Sponsorship, which form the basis of a Tier 2 visa application. The current overseas employing company must also be registered with the Home Office as a linked entity on the Sponsor Licence.

From an individual perspective, the following points should then be considered:

  • Previous company experience – For most ICT visas, the employee must have been working for the employer overseas for at least 12 months before applying for their UK visa. This requirement will be removed for applicants earning over £73,900 per annum from 6 April 2017.
  • Skill level – The UK role must be deemed to be at or above bachelor’s degree level. This is assessed by mapping the proposed role against the Home Office’s published list of occupation codes. Many job swap employees are young and at a junior stage of their career, so this requirement can cause difficulties depending on the industry sector. By way of example, marketing executives are not deemed suitably skilled until they reach management level, whereas financial analysts and engineers satisfy the skill level requirements fresh out of university.
  • Salary level – From autumn this year, there will be two main ICT sub-categories available for job swaps, Short Term (up to 12 months) and Long Term (normally up to 5 years). The minimum annual salary requirement for the Short Term visa is £24,800, whilst the Long Term visa requires a minimum salary of £41,500. For both categories, the employee must also meet the minimum salary level specified by the Home Office for their particular occupation code, which may be higher. As most job swaps are short term, employers are currently able to utilise the lower salary threshold to send junior employees on assignments. Unfortunately, this practice will come to an end from April 2017, when the Home Office is abolishing the Short Term visa. Going forward, the intention is to restrict the ICT category to senior managers and specialists and so all applicants will need to qualify under a single visa category, with a minimum salary threshold of £41,500. This could significantly reduce the job swap opportunities for junior employees in lower paid industries.
  • Cooling off period - the ‘cooling off’ period prevents employees from applying to come to the UK if they have held a Tier 2 visa at any time during the prior 12 months. Businesses should carefully consider whether a particular employee may be required to undertake a second UK assignment during this timeframe, as the exceptions to this rule are limited and advanced planning is essential.
 
The talent swap phenomenon shows no sign of abating, and clearly provides significant benefits for both businesses and individual employees. Nevertheless, strategic planning is critical to ensure compliance with the UK immigration rules, and businesses may need to manage the expectations of their junior employees when the forthcoming Tier 2 changes take effect.
 

Should you have any queries or wish to discuss a potential UK talent swap, please contact our UK office at [email protected]. 

 

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Natasha Catterson

Natasha Catterson

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9155

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Natasha Catterson

Natasha Catterson

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9155

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Natasha Catterson

Natasha Catterson

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9155

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.