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Can only happen when company B is a licensed sponsor.dialectic wrote:Employees for company A will be now employees for company B,
Thanks a lot for the reply. Yes that makes sense. However, I have doubts about it as what seems to be relevant according to the flowchart is the company's ownership which won't be really affected. So, if the company was only changing the name would they have to apply for a license too?sushdmehta wrote:Can only happen when company B is a licensed sponsor.dialectic wrote:Employees for company A will be now employees for company B,
One of the fundamental change in your "terms and conditions of employment" is the employer, so how can you say that the T&Cs are the same. That would have been true if company A contiues to sponsor you even after merger. But that's not the case!
Thanks for your response Frontier MoleFrontier Mole wrote:When a company becomes insolvent / goes in liquidation a different set of rules comes into play. So if the liquidation takes place it is not a merger or a takeover.
For your own purposes you want to be transferred under TUPE, if this does not apply then it becomes really messy.
On a takeover / merger your visa is assigned internally to the new company. It does not appear on SMS.
Thanks for your reply Frontier Mole. I spoke to my bosses and basically they will follow the UKVI rules of informing of the change of circumstances and about the transfer. Everyone else (domestic employees) will be transfered under the same conditions of employment and nobody will be dismissed so apparently is pretty straightforward. So, my employers also think that I am overthinking the issue. Hopefully we will be able to continue without any problems from UKVI.Frontier Mole wrote:For the purposes of Tier 2 members voluntary or winding up is the same. Insolvency by any means causes the legal entity to cease. So quoting all the other stuff is of no consequence.
Bottom line - are you transferring over to the new company on TUPE If yes then as long as new company has applied for a licence within 28 days of the transfer all will be good.
You are overthinking the issue.....
Thank you Frontier Mole. I really appreciate your wordsFrontier Mole wrote:I am sure it will be fine. It is not an uncommon instance and UKVI are used to dealing with it. You can expect about a 60% chance the new Sponosr to get a pre licence visit.
But don't worry about it if there is a visit. Your circumstances are unlikely to change. Your company appears to have it in hand and given their very proactive stance on the merger I really don't see an issue.
Good luck, not that I believe you need any
Sorry guys. If anyone has insights on this. Just want to be able to have an idea before the Easter chaos.dialectic wrote:Hi guys
Didn't want to bother with this thread too much. However, I just wanted to ask:
An application for the License of company B was sent on the 18th. Both Companies A and B are waiting for the approval of this license before doing the actual transfer (company A logging into the SMS and reporting my transfer and company B writing to UKVI and reporting that they will take me and be responsible for me). I am just worried about the 20 day rule. As I mentioned, both companies are on the same premises and logistically it could be said that they're both integrated... Is it a good idea to wait for the license for company B to be approved before reporting/informing/transferring?
Are there any situations where employees are transferred gradually according to the transfer process / projects on company A that need completion / etc. ?
Then they go about explaining how copies must be certified and how...Your application for a tier 2 sponsor license was rejected for the following reason:
- You have not supplied the mandatory documentation listed in appendix A , which is required for a tier 2 General license application. In this case, you have not provided information regarding your business and requested CoS, as listed on page 3 of appendix A. Please refer to appendix A of the Policy Guidance for tier 2 and Tier 5 sponsors for full details of the mandatory documentation required.
Last question: Should my employers inform right away about the companies consolidating (Using company A's existing SMS) and stating that I need to be transferred on company B's application or is it better to wait for company B to get the license before reporting?
For Tier 2 (General) and Tier 2 (Minister of Religion) applications you must provide the following information as well as the information
from the following tables, or your application will be rejected. Tier 4 and Tier 5 sponsors may omit this section and go straight to the
Tell us about you:
1. Why are you applying for a sponsor licence?
In order to transfer a sponsor worker from our sister COMPANY A as we are consolidating into one?
2. What sector do you operate in?
3. What are your opening/operating hours during the week?
9am - 6PM monday to friday
4. Please supply an up to date hierarchy chart detailing any owner, director, and board members. If you have 50 employees or fewer please also list all the people involved with the day-to-day running of your business.
The company has around 10 employees. That means listing name and job title of everyone?
Tell us about the posts you wish to fill:
5. What post(s) do you intend to assign a CoS for? This information must include:
a. The job title(s) and SOC code(s);
b. The duties of each post;
c. The salary you would guarantee for each post. if it were vacant today;
d. The skill, experience and qualifications required for each post.
Do they need to put my information here? As I'm being transferred I understand there's no need for CoS, but would giving this info help?
6. Please indicate which posts are currently vacant and for which you intend to assign a CoS. If you have identified someone already that you
wish to employ via the sponsorship system, please provide evidence of how you identified this person. If you identified this person as a
result of a recruitment process you should include copies of advertisements placed to recruit for the post, details of any applicants and why
they were not suitable for the post of offer. Please confirm whether the person is already working for you.
Do they need to put my information here? The company wanted to get the license before transferring me. In case of a transfer like this do they need to explain how the RLMT was done etc.?
7. If you have not advertised the post and the migrant is not currently working for you, please confirm how you identified that this person was
the most suitable for the role.
8. If you have already identified a person and intend to assign a CoS shortly (this will include migrants already working for you), please provide
the following details of the person:
a. Migrant name.
b. Date of Birth.
d. Current immigration status.
e. Current job title and duties
f. 3 x Monthly Payslips (if applicable)
9. Security is important to us. Please provide confirmation that the email address supplied with your application is secure and can only be
accessed by the Authorising Officer (This is the one person who will be ultimately responsible for your recruitment and for ensuing that all of
your sponsor duties are met)
10.Please also provide a landline telephone number, if you have one. If you do not have a landline please indicate this in your response.
Hello again. I have a (hopefully) last question:Frontier Mole wrote:Question 1- yes state the reason as TUPE merger etc
Question 2 - do NOT do anything on Company A SMS until Company B is licensed. UKVI will perform the internal SMS move on their side of the fence.