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TUPE - ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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imma8080
Newbie
Posts: 34
Joined: Thu Apr 30, 2020 11:49 am
India

TUPE - ILR

Post by imma8080 » Sun May 03, 2020 9:07 am

Hello All,

Need some guidance on my situation with TUPE.
I’m in the process of applying ILR for myself, wife and son. I came into the UK in 2014 with Company A and got TUPE’d twice (due to couple of acquisition) in the past 6 months. My employment details follow:

Employment started with Company A

Company A – June 2014 to November 2019.
Company A was acquired by Company B.
Company B – November 2019 to April 2020.
Company B sold the business to Company C (May 1, 2020
Company C is my current company.

I have got my transfer letters as per TUPE from my both the organizations, stating that I will be transferring to respective companies (B & C). I have got my continuous employment date from Company C (June 2014).

Questions:
1) In my cover should I state anything about this TUPE, my understanding is home office should have this record?
2) Will I be correct in saying that “My employment with Company C started in June 2014 as per continuous employment as per TUPE”.
3) My last three months’ payslips are from Company B but my Employment letter will be from Company C. Will this be an issue?
4) Due to Covid-19, Company B couldn’t stamp my payslips, but they have mentioned the same in the letter addresses to UK home office and also confirming my annual salary. Will this be an issue?
These are document I plan to submit for myself, please let me know if I have missed something.

Application documents:
• Completed Application Form;
• Confirmation of premium appointment booking and payment;
Core documents:
• Original current Indian passport;
• Original current Biometric Residence Permit (Tier 2 General);

Knowledge of Language and Life in the UK:
• Life in the UK pass certificate;
• Original Degree Certificate and NARIC assessment

Documents confirming continuous residency in the UK:
• Schedule of absences;

Employment documents:
• Signed letter from Company C, detailing work-related absences and other entitled absences as per work contract;
• Payslips covering the 3 months prior to the application;
• Original bank statements covering the 3 months prior to the application showing the payment of salary;
• Certificate of Sponsorship;

Other documents:
• Signed Declaration letter from myself granting Home Office permission to request verification checks

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: TUPE - ILR

Post by Djsuccess » Sun May 03, 2020 2:37 pm

imma8080 wrote:
Sun May 03, 2020 9:07 am
Hello All,

Need some guidance on my situation with TUPE.
I’m in the process of applying ILR for myself, wife and son. I came into the UK in 2014 with Company A and got TUPE’d twice (due to couple of acquisition) in the past 6 months. My employment details follow:

Employment started with Company A

Company A – June 2014 to November 2019.
Company A was acquired by Company B.
Company B – November 2019 to April 2020.
Company B sold the business to Company C (May 1, 2020
Company C is my current company.

I have got my transfer letters as per TUPE from my both the organizations, stating that I will be transferring to respective companies (B & C). I have got my continuous employment date from Company C (June 2014).

Questions:
1) In my cover should I state anything about this TUPE, my understanding is home office should have this record?
2) Will I be correct in saying that “My employment with Company C started in June 2014 as per continuous employment as per TUPE”.
3) My last three months’ payslips are from Company B but my Employment letter will be from Company C. Will this be an issue?
4) Due to Covid-19, Company B couldn’t stamp my payslips, but they have mentioned the same in the letter addresses to UK home office and also confirming my annual salary. Will this be an issue?
These are document I plan to submit for myself, please let me know if I have missed something.

Application documents:
• Completed Application Form;
• Confirmation of premium appointment booking and payment;
Core documents:
• Original current Indian passport;
• Original current Biometric Residence Permit (Tier 2 General);

Knowledge of Language and Life in the UK:
• Life in the UK pass certificate;
• Original Degree Certificate and NARIC assessment

Documents confirming continuous residency in the UK:
• Schedule of absences;

Employment documents:
• Signed letter from Company C, detailing work-related absences and other entitled absences as per work contract;
• Payslips covering the 3 months prior to the application;
• Original bank statements covering the 3 months prior to the application showing the payment of salary;
• Certificate of Sponsorship;

Other documents:
• Signed Declaration letter from myself granting Home Office permission to request verification checks
Are companies B and C also registered sponsors ?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

imma8080
Newbie
Posts: 34
Joined: Thu Apr 30, 2020 11:49 am
India

Re: TUPE - ILR

Post by imma8080 » Sun May 03, 2020 3:41 pm

Hello,

Yes, they both are.

imma8080
Newbie
Posts: 34
Joined: Thu Apr 30, 2020 11:49 am
India

Re: TUPE - ILR

Post by imma8080 » Mon May 04, 2020 9:35 am

Hi All,

Can someone please provide some guidance?

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: TUPE - ILR

Post by Djsuccess » Mon May 04, 2020 9:26 pm

imma8080 wrote:
Mon May 04, 2020 9:35 am
Hi All,

Can someone please provide some guidance?
Did your sponsor inform the UKVI after each TUPE. As someone under immigration control TUPE is not enough. Your sponsor will need to contact UKVI and inform them about change of sponsor. And update the SMS. If all the necessary steps have been taken by your sponsor, then you have nothing to worry about.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

imma8080
Newbie
Posts: 34
Joined: Thu Apr 30, 2020 11:49 am
India

Re: TUPE - ILR

Post by imma8080 » Mon May 04, 2020 9:57 pm

Hello DJ success,

Thanks, yes my employers (Company B and C) have informed UK home office about the transfer. Would you please review the questions that I posted and let me your thoughts?

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