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Urgent Assistance Needed for Visa Situation Following Company Merger

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

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Hari6006
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Pakistan

Urgent Assistance Needed for Visa Situation Following Company Merger

Post by Hari6006 » Mon Jul 10, 2023 9:33 pm

I require immediate assistance regarding my current situation. My skilled work visa is set to expire in the middle of August, and I had planned to apply for indefinite leave to remain as my 5-year qualifying period ends at the end of August. However, I have just been informed by HR today that there has been an internal company change, and they have merged our company with another group of companies. As a result, all employees, including myself, are being transferred to the new company.

Upon checking the Home Office website, I discovered that companies are required to inform the Home Office within 20 working days of any changes. Unfortunately, it has already been more than 20 days since the merger, and the recent payroll has been processed under the new company. Furthermore, the previous company is still listed on the Company House and the skilled workers register. Even if the merger is reported to the Home Office, I am unsure about the implications for my visa application, which I intended to submit next month. Will I still be able to apply for it, or does my employer need to have a license? Additionally, considering that the last payroll was processed under a different company, how will this affect my indefinite leave to remain application?

I do have the option to seek employment with a different employer who holds a license. Should I explore this option to resolve my situation?

AmazonianX
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Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Urgent Assistance Needed for Visa Situation Following Company Merger

Post by AmazonianX » Mon Jul 10, 2023 10:20 pm

You may want to read about TUPE


https://www.gov.uk/transfers-takeovers

Ask your HR salient questions.

Payrolls variation not problem

Hari6006
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Posts: 16
Joined: Mon Mar 13, 2023 8:24 am
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Pakistan

Re: Urgent Assistance Needed for Visa Situation Following Company Merger

Post by Hari6006 » Mon Jul 10, 2023 10:53 pm

Hello,

Thank you for your response. I have been informed by HR about TUPE, and all the details of my employment contracts have been transferred to the new company. However, the company has not yet notified the home office, and it has been more than 20 days. How is all of this affecting my ILR application

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Urgent Assistance Needed for Visa Situation Following Company Merger

Post by vinny » Tue Jul 11, 2023 2:45 am

vinny wrote:
Tue Jul 11, 2023 2:25 am
Was it under Tupe?

S9.17. A worker will not be required to make a change of employment application if any of the following exceptions apply
there is a change of employer or sponsor but the change is covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE arrangements’) or similar protection, provided the worker will continue working in the same occupation code assigned by their previous employer or sponsor – see section C4 in Part 3: Sponsor duties and compliance for further information on this
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Frontier Mole
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European Union

Re: Urgent Assistance Needed for Visa Situation Following Company Merger

Post by Frontier Mole » Tue Jul 11, 2023 5:00 pm

You should ensure the new employer has a valid Sponsor license. If they have a licence all is fine and you just carry on as you would have 👍

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