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Changes in Employer's Status

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

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vika09
Newly Registered
Posts: 17
Joined: Wed Aug 27, 2014 8:24 pm

Changes in Employer's Status

Post by vika09 » Wed Oct 21, 2015 3:23 pm

Hi there,

This is a rather complex situation.

I am currently in the United Kingdom on a Tier 2 General Visa expring in 2017. My employe is a sole trader.

However, I have recently been overhearing that my employer wishes to 'sell their business' to another firm. I have been speaking with them candidly, and they basically said that they will retain the identity of the current business, but will work under the umbrella of a larger orgnaisation.

My understanding is that my sole trading employer is either going to establish a limited company or a partnership, resulting in:

1. if limited company, 100% shares being held by a parent business;
2. if LLP, formally merge the LLP with the parent business.

My question is: should I be concerned about losing my Tier 2 status at any point? Would I lose my visa by my current employer merely registering as a new business? Or would I lose the visa when the merger/sale happens?

If loss of visa is a possibility? What steps should I be taking or the firm be taking in relation to avoid that? My employer has never intimated termination of my contract, they are more than happy for me to continue, so what should they be doing if they don't want to lose me because of a technicality?

Thank you.

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gag285
Member of Standing
Posts: 368
Joined: Mon Mar 17, 2014 4:03 pm
India

Re: Changes in Employer's Status

Post by gag285 » Wed Oct 21, 2015 4:27 pm

vika09 wrote:Hi there,

This is a rather complex situation.

I am currently in the United Kingdom on a Tier 2 General Visa expring in 2017. My employe is a sole trader.

However, I have recently been overhearing that my employer wishes to 'sell their business' to another firm. I have been speaking with them candidly, and they basically said that they will retain the identity of the current business, but will work under the umbrella of a larger orgnaisation.

My understanding is that my sole trading employer is either going to establish a limited company or a partnership, resulting in:

1. if limited company, 100% shares being held by a parent business;
2. if LLP, formally merge the LLP with the parent business.

My question is: should I be concerned about losing my Tier 2 status at any point? Would I lose my visa by my current employer merely registering as a new business? Or would I lose the visa when the merger/sale happens?

If loss of visa is a possibility? What steps should I be taking or the firm be taking in relation to avoid that? My employer has never intimated termination of my contract, they are more than happy for me to continue, so what should they be doing if they don't want to lose me because of a technicality?

Thank you.
Have you looked at these -

para 559 onwards and 723 onwards in the T2 sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and

para 200 in the T2 policy guidance
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

vika09
Newly Registered
Posts: 17
Joined: Wed Aug 27, 2014 8:24 pm

Re: Changes in Employer's Status

Post by vika09 » Thu Oct 22, 2015 8:46 am

Have you looked at these -

para 559 onwards and 723 onwards in the T2 sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and

para 200 in the T2 policy guidance
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Hi there, I am unable to find a reference to Para 559 or 723 in the T2 Sponsor Guidance (I googled it, as your links do not seem to work).

Para 200 in T2 Policy Guidance States:
The evidence must be original, on the official letter-headed paper or stationery and include the official stamp of theorganisation(s). It must have been issued by an authorised official of that organisation. If the organisation does not give unconditional consent or only gives permission fora limited time, we will refuse your application
I am not sure if this applies.

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