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Help on switching sponsors within a same group corporation

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Lovepeace
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Posts: 3
Joined: Mon Apr 20, 2020 7:59 pm
China

Help on switching sponsors within a same group corporation

Post by Lovepeace » Mon Apr 20, 2020 8:22 pm

Hi all,

Can anyone help to share your experiences or give your advice on the situation below?

I currently work in Company A with a T2 general visa. Company A has a plan to sell its business.
Company B is a sister company of A in UK and they all belong to a same large group G.
Both A and B have sponsor licensees.

I am the only person sponsored by company A.
As A will be sold, my boss wants to move me from A to B on the same position (but with a more global role in the Group G).
Are there any ways for me to switch my T2 from A to B without applying for a new one?

Many thanks.

Regards
Michael

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

Re: Help on switching sponsors within a same group corporation

Post by Djsuccess » Tue Apr 21, 2020 9:20 am

Lovepeace wrote:
Mon Apr 20, 2020 8:22 pm
Hi all,

Can anyone help to share your experiences or give your advice on the situation below?

I currently work in Company A with a T2 general visa. Company A has a plan to sell its business.
Company B is a sister company of A in UK and they all belong to a same large group G.
Both A and B have sponsor licensees.

I am the only person sponsored by company A.
As A will be sold, my boss wants to move me from A to B on the same position (but with a more global role in the Group G).
Are there any ways for me to switch my T2 from A to B without applying for a new one?

Many thanks.

Regards
Michael

Read the sponsorship guidance on Merger and takeovers from page 64.

https://assets.publishing.service.gov.u ... 0_v1.0.pdf
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.

Lovepeace
Newly Registered
Posts: 3
Joined: Mon Apr 20, 2020 7:59 pm
China

Re: Help on switching sponsors within a same group corporation

Post by Lovepeace » Tue Apr 21, 2020 5:59 pm

Hi,
Thanks for the link to the Home Office's sponsorship guidance on Merger and Takeovers.
I also looked at all the examples (page 204-206). The closest example to my case is Example 7 (page 206):
Example 7 - restructuring where another branch can act as sponsor
Global Company G owns a portfolio of brands, trading across the world under the respective brand names where Company G is the ultimate parent company. Company G has several branches in the UK.
• Branch A, a licensed sponsor, is to be wound up. Its employees will move with the TUPE arrangements to Branch B
• Branch B is not a licensed sponsor
• Branch A will finish trading and must tell us of this within 20 working days of it finishing trading
• Branch B must apply for a sponsor licence, and send the supporting evidence, within 20 working days of Branch A’s employees transferring to them


However, the difference is that for the example above, branch A will end business and all its employees are transferred to branch B. In my case, the company I am working for will be sold to a new buyer. Most employees will be moved to the new buyer, while only myself will be transferred to the previous sister company of A (They will not be in a same group after the sell).

Any new comments and any one can help to explore my case further?

Big thanks!

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

Re: Help on switching sponsors within a same group corporation

Post by Djsuccess » Wed Apr 22, 2020 1:13 am

Lovepeace wrote:
Tue Apr 21, 2020 5:59 pm
Hi,
Thanks for the link to the Home Office's sponsorship guidance on Merger and Takeovers.
I also looked at all the examples (page 204-206). The closest example to my case is Example 7 (page 206):
Example 7 - restructuring where another branch can act as sponsor
Global Company G owns a portfolio of brands, trading across the world under the respective brand names where Company G is the ultimate parent company. Company G has several branches in the UK.
• Branch A, a licensed sponsor, is to be wound up. Its employees will move with the TUPE arrangements to Branch B
• Branch B is not a licensed sponsor
• Branch A will finish trading and must tell us of this within 20 working days of it finishing trading
• Branch B must apply for a sponsor licence, and send the supporting evidence, within 20 working days of Branch A’s employees transferring to them


However, the difference is that for the example above, branch A will end business and all its employees are transferred to branch B. In my case, the company I am working for will be sold to a new buyer. Most employees will be moved to the new buyer, while only myself will be transferred to the previous sister company of A (They will not be in a same group after the sell).

Any new comments and any one can help to explore my case further?

Big thanks!
Let the parent company of the sister company you are transferring start applying for sponsor licence. If you get caught in all this merger and takeover, it could affect your visa. It might be good for the parent company to hold the sponsor licence
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.

Lovepeace
Newly Registered
Posts: 3
Joined: Mon Apr 20, 2020 7:59 pm
China

Re: Help on switching sponsors within a same group corporation

Post by Lovepeace » Sat Apr 25, 2020 2:27 pm

Hi,

Thanks a lot. The sister company I can transfer to has already a sponsor licence.

My question is that if I transfer from the current sponsor, should I apply T2 again?

Anybody has similar experience (e.g. no need to apply for T2 again)?

Regards
Michael

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