Tier 2 General (TUPE). Help Urgently needed!!

Hi I am sponsored by Company A and I have Visa till 2017 June. However, now company A is bought by Company B and all employees are transferred to Company B by Tupe on Jan 1 2016. Since company B already has a sponsorship status, it wasnot required to make an application within 28days. However, because company A's license is lapsing on July 2016, company B decided to make a new Tier 2 general application for me for another 5 years. When I went for an appointment, case worker gone through my application and told me that no TUPE transfer proof is found on the home office system. He gave me 14 working days to provide the PROOF THAT COMPANIES TUPE WAS RECORDED AND AUTHORISED BY UKVI. IF I FAIL TO PROVIDE THIS EVEIDENCE MY APPLICATION WILL BE REFUSED.
Could you please help me what evidence home office is required? Also if my company doesnot have an evidence for that what would be the alternative option? I am also worried, if in case of my application refusal, will my visa be cancelled and my leave will be curtailed?
Any quick advice on this very very helpfull and currently I am kind of unsettled & stressed.
PLEASE PROVIDE SOME HELP AND ADVICE ON THIS ISSUE.

I am sorry to bother you guys. But quick reply will help me to speak with my employer..

Did your sponsor company (A) report the intention of transferring you to company B due to takeover? Did company B report the intention of taking you on board?

I don't know what would constitute evidence of TUPE apart from this. I believe UKVI should have been specific about what they wanted to see. I guess some of the senior members will be more suitable to help, but I believe a confirmation from both sponsor companies about your transfer would be enough (?)

Hi Many Thanks for the reply. Very much appreciated.
Actually, both companies have followed the TUPE transfer procedure for all employees but I am wondering do they specifically have to report for Teir 2 employee transfers or would it be ok if home office is been informed as part of all employees?

I have submitted below two letters along with employment contract from Company B
1) one from my old company saying that I will be TUPE'd to Company B from JAN 1 2016
2) second from my new company stating my employment will be transferred under TUPE from Jan 1, 2016.

But, the case worker said he cannot see any email correspondance or any evidence regarding my TUPE transfer. I quiet dont understand what home office is expecting. Do I have to have any proof or evidence apart from those 2 letters & my contract?

shalgo23 wrote:Hi Many Thanks for the reply. Very much appreciated.
Actually, both companies have followed the TUPE transfer procedure for all employees but I am wondering do they specifically have to report for Teir 2 employee transfers or would it be ok if home office is been informed as part of all employees?

I have submitted below two letters along with employment contract from Company B
1) one from my old company saying that I will be TUPE'd to Company B from JAN 1 2016
2) second from my new company stating my employment will be transferred under TUPE from Jan 1, 2016.

But, the case worker said he cannot see any email correspondance or any evidence regarding my TUPE transfer. I quiet dont understand what home office is expecting. Do I have to have any proof or evidence apart from those 2 letters & my contract?

Yeah. They should have reported the transfer of sponsored employees. I guess the caseworker is looking for that report. Check page 43 of the guidance for employers:

https://www.gov.uk/government/uploads/s ... dendum.pdf

13.9If you are completely taken over or merged into another organisation and your
sponsored migrants are moving to a new organisation you must:
a) Report the change via SMS, including details of all of your sponsored migrants who will
be moving to a new organisation. You must make the report within 20 working days of
the change.
b) Use the migrant reporting facility on the SMS to report if any of your sponsored
migrants are not moving to the new sponsor - these migrants’ leave, or worker
authorisation will be reduced to 60 calendar days.

I think a senior member would be able to advise you better though

Thank you for the reply Dialectic,
What would be the consequence, in case if this change is not reported? Is there any alternate solution because its already over 20 working days? Would it make my current visa term cancelled as well? or any other possible solution for this please?

Hi,
Please advice me on this. I am worried and suspect that my old and current employers didnot inform UKBA via SMS system. Could you please provide me some help on this matter and any alternative solution please? Because, if my leave is curtailed then I have to go back to my country which would be a big disaster in my life at this time. PLEASE HELP ME

Hi,
I have submitted a new application form for TIER 2 general since I am TUPE'd from old company to new company on Jan 2016. During my premium appointment, the case worked couldnot able to find any information about my TUPE is informaed to UKVI (because my employer didnt infor UKVI via SMS) in the home offfice database. So , I was given 14 days time to submit the evidence for TUPE is recorded and approved by UKVI. Now my employer has informed UKVI via SMS about TUPE transfer and submitted the evidence to home office within 14 days time period. Now my application is being reviewed and I am really worried. Will this process affect my application outcome(because TUPE information is not been informed to UKVI via SMS within 20 working days after TUPE is been performed) or the home office will only look details on whether TUPE information is been submitted to UKVI or not? Please provide me some help

Hi Shalgo, how did you over come with this issue ? what happened at last ?