Tier 2 Intra-Company Transfer (ICT) eligibility question

[NK250688]

Hi, I am wondering if someone can help with a question related to Tier 2 Intra-Company Transfer (ICT) visa.
The "Tiers 2 and 5: guidance for sponsors" document (https://assets.publishing.service.gov.u ... 0_v1.0.pdf) says that the Long-term Staff ICT visa is "for an employee who needs to be transferred to a job which cannot be filled by a new UK recruit". However, for ICT visas, there is no requirement to do the Resident Labour Market Test. So I am a bit confused - does the company need to prove in any way that the position cannot be filled by a UK recruit, and if so, how would they prove this since the Resident Labour Market Test is not required?

My background story in short: I am a non-EU national married to a UK national. He lived with me in my home country for the past 4 years. He was on a work visa here but lost his job due to Covid so he has had to go back to the UK. We are now trying to find a way for me to move to the UK, and the spouse visa route is proving difficult as he is having trouble finding work (and therefore meeting the minimum income requirements).

In my home country, I work for a multinational company which has offices in the UK. They are a licensed Tier 2 sponsor for Intra-Company Transfers and have a job opening in one of their UK offices where I meet the job requirements. I also meet the ICT requirement of having worked for the non-UK branch for over 12 months and I believe the job would pay over the minimum pay requirement. However, I am not sure if I would be eligible for the ICT visa, as they could probably fill the role with a UK-based candidate. Would the company actually need to prove that the "job cannot be filled by a UK recruit", as stated in the document above, and how would they prove this since the Resident Labour Market Test is not required for ICT visas?

Thanks