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Contract moved to new employer

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Bims4real
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Contract moved to new employer

Post by Bims4real » Thu Mar 21, 2019 11:33 am

Hello,

My wife is currently in her last year on the 5 year route spouse visa towards settlement and just been told that her permanent salaried contract is being moved to a different employer. We were planning on applying on Category A with savings to make up the slight shortfall(300 shortfall, so at least 16300 at the settlement stage). Is it still possible to do that with her contract being moved to another employer even though she's still effectively in the same job? Or she now needs to wait to have been 6 months with the "new" Employer or go down the Category B route. Thanks for your anticipated help.
Regards,
'Bims4real

wahi66
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Re: Contract moved to new employer

Post by wahi66 » Thu Mar 21, 2019 4:46 pm

Bims4real wrote:
Thu Mar 21, 2019 11:33 am
Hello,

My wife is currently in her last year on the 5 year route spouse visa towards settlement and just been told that her permanent salaried contract is being moved to a different employer. We were planning on applying on Category A with savings to make up the slight shortfall(300 shortfall, so at least 16300 at the settlement stage). Is it still possible to do that with her contract being moved to another employer even though she's still effectively in the same job? Or she now needs to wait to have been 6 months with the "new" Employer or go down the Category B route. Thanks for your anticipated help.
Regards,
'Bims4real
you may have to provide last 12 months payslip and bank statement in order to established that you earn enough from both employer.
she can also use your income as combined income if she is short on the threshold.
saving can only b used if it is more then 16k.

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seagul
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Re: Contract moved to new employer

Post by seagul » Thu Mar 21, 2019 7:03 pm

Bims4real wrote:
Thu Mar 21, 2019 11:33 am
Hello,

My wife is currently in her last year on the 5 year route spouse visa towards settlement and just been told that her permanent salaried contract is being moved to a different employer. We were planning on applying on Category A with savings to make up the slight shortfall(300 shortfall, so at least 16300 at the settlement stage). Is it still possible to do that with her contract being moved to another employer even though she's still effectively in the same job? Or she now needs to wait to have been 6 months with the "new" Employer or go down the Category B route. Thanks for your anticipated help.
Regards,
'Bims4real
Its called Tupe transfer for which there has been no official information available in HO official guidance. Therefore, it will be counted as change of employer and fall under category B.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Bims4real
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Re: Contract moved to new employer

Post by Bims4real » Fri Mar 22, 2019 6:24 am

Thanks guys,
@wahi66, I don't think she will be able to use savings with category B as the condition 2 in category B says earnings over the last 12 months has to meet the requirement and savings can't be used with this. So for example, her 12 months salary adds up to 18000, can we use 16600 savings to make up the shortfall?
@seagull, yes, that's what she's been told...it's a TUPE transfer. Unfortunately, it's just a bit of an inconvenience, was hoping to get it done as soon as she's hits 5 years but will have to now wait til she's been 6 months with the new employer or use my limited company employment that meets the requirement comfortably. Thanks again for your help.

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seagul
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Re: Contract moved to new employer

Post by seagul » Fri Mar 22, 2019 11:50 am

Bims4real wrote:
Fri Mar 22, 2019 6:24 am
Thanks guys,
@wahi66, I don't think she will be able to use savings with category B as the condition 2 in category B says earnings over the last 12 months has to meet the requirement and savings can't be used with this. So for example, her 12 months salary adds up to 18000, can we use 16600 savings to make up the shortfall?
@seagull, yes, that's what she's been told...it's a TUPE transfer. Unfortunately, it's just a bit of an inconvenience, was hoping to get it done as soon as she's hits 5 years but will have to now wait til she's been 6 months with the new employer or use my limited company employment that meets the requirement comfortably. Thanks again for your help.
You can still use your savings with category B's first condition where you need to have been earning at least £18600 per year. Remember only the savings above to £16000 will be considered.
If you wish and if it is convenient for you then stay at present job for next 6 months to apply under category A.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Bims4real
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Re: Contract moved to new employer

Post by Bims4real » Tue Aug 20, 2019 8:42 am

Hello mods,

My wife is now gathering documents for her application for Ilr after 5 years. We plan on using her employment earning 18300 and savings of over 16000 that's been in the account for over 6 months. When we filled a trial run of the application, it asked for payslips for "any period within the last 12 months". My understanding is that with same employer over 6 months, only 6 months is required for Cat A and 6 months of the minimum required savings being in the account for the 6 month period. Can anybody help with this?

So effectively, her salary is 18300, and we hoping we've had savings of minimum 18200 in her savings account for over 6 months. Do we need to provide 6 months or 12 months payslip?

Thanks for your help.

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seagul
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Re: Contract moved to new employer

Post by seagul » Tue Aug 20, 2019 6:41 pm

Bims4real wrote:
Tue Aug 20, 2019 8:42 am


So effectively, her salary is 18300, and we hoping we've had savings of minimum 18200 in her savings account for over 6 months. Do we need to provide 6 months or 12 months payslip?

Thanks for your help.
12 months of payslips and bank statements for category B. But for savings route only 6 months of bank statements.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Archer1
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Re: Contract moved to new employer

Post by Archer1 » Tue Aug 20, 2019 8:05 pm

If it’s a Tupe Transfer then her terms and conditions of the contract will remain same, if I am not mistaken and her service will be carried on unless not made redundant. In this case the new employer can give an employment letter mentioning the actual start date with the previous one. you can discuss with HR department, if they are willing to issue it. It’s my assumption and could be mistaken.
Regards,
__A

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seagul
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Re: Contract moved to new employer

Post by seagul » Tue Aug 20, 2019 8:15 pm

Archer1 wrote:
Tue Aug 20, 2019 8:05 pm
If it’s a Tupe Transfer then her terms and conditions of the contract will remain same, if I am not mistaken and her service will be carried on unless not made redundant. In this case the new employer can give an employment letter mentioning the actual start date with the previous one. you can discuss with HR department, if they are willing to issue it. It’s my assumption and could be mistaken.
Regards,
All above is correct but only under employment law but HO will count it as new employer.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Archer1
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Re: Contract moved to new employer

Post by Archer1 » Tue Aug 20, 2019 8:19 pm

seagul wrote:
Tue Aug 20, 2019 8:15 pm
Archer1 wrote:
Tue Aug 20, 2019 8:05 pm
If it’s a Tupe Transfer then her terms and conditions of the contract will remain same, if I am not mistaken and her service will be carried on unless not made redundant. In this case the new employer can give an employment letter mentioning the actual start date with the previous one. you can discuss with HR department, if they are willing to issue it. It’s my assumption and could be mistaken.
Regards,
All above is correct but only under employment law but HO will count it as new employer.
Got it, Cheers.
__A

Bims4real
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Re: Contract moved to new employer

Post by Bims4real » Wed Aug 21, 2019 5:41 am

seagul wrote:
Tue Aug 20, 2019 8:15 pm
Archer1 wrote:
Tue Aug 20, 2019 8:05 pm
If it’s a Tupe Transfer then her terms and conditions of the contract will remain same, if I am not mistaken and her service will be carried on unless not made redundant. In this case the new employer can give an employment letter mentioning the actual start date with the previous one. you can discuss with HR department, if they are willing to issue it. It’s my assumption and could be mistaken.
Regards,
All above is correct but only under employment law but HO will count it as new employer.
Hello Seagul,

Thanks for your message. Do you have or know anybody that has precedent on "HO will count it as new employer". I am asking because a freedom of information check about this was asked in 2016 and the reply from HO seems to contradict this and uphold the employment law.

https://www.whatdotheyknow.com/request/ ... ules_appen

I don't want to provide more than needed so the caseworker does not get confused, hence my question on 12 or 6 months payslip with bank statement.

Thanks.

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seagul
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Re: Contract moved to new employer

Post by seagul » Wed Aug 21, 2019 6:48 am

UKVI official guidance at nowhere mentioning anything about tupe regulations, therefore, it will come under category B. If you still think that its not then you can apply under category A with employer letter indicating that tupe but more likely caseworker will follow only the official guidance.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Bims4real
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Re: Contract moved to new employer

Post by Bims4real » Mon Sep 16, 2019 10:20 am

Hello all,

Just to give feedback. Home office does recognize TUPE as it is a United Kingdom Law and my Wife's application was granted on Category A combined with Savings. In case anybody else is in the same situation, TUPE is recognized by Home office as long as you and your employer explain it in the cover letter and employer letter respectively.

In our scenario, Category B would have failed as her income over 12 months does not add up to 18600 as clearly stated in the rules. But using category A with just 6 months payslip (4 from the employer that took over her work contract and 2 from the employer that transferred her employment under TUPE) and savings to meet the shortfall with explanation worked out fine.

Regards,

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seagul
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Re: Contract moved to new employer

Post by seagul » Mon Sep 16, 2019 10:45 am

Bims4real wrote:
Mon Sep 16, 2019 10:20 am
Hello all,

Just to give feedback. Home office does recognize TUPE as it is a United Kingdom Law and my Wife's application was granted on Category A combined with Savings. In case anybody else is in the same situation, TUPE is recognized by Home office as long as you and your employer explain it in the cover letter and employer letter respectively.

In our scenario, Category B would have failed as her income over 12 months does not add up to 18600 as clearly stated in the rules. But using category A with just 6 months payslip (4 from the employer that took over her work contract and 2 from the employer that transferred her employment under TUPE) and savings to meet the shortfall with explanation worked out fine.

Regards,
Thanks for sharing your experience but until UKVI official guidance doesn't gets updated with tupe regulations which isn't so far that experience alone or couple of more experiences shouldn't be followed as rationale. Under employment law tupe is indeed a continuation of existing employment which should be updated in official guidance.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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