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Employer company closing

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Shahzaib5478
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Posts: 11
Joined: Thu Dec 26, 2019 9:22 pm
India

Employer company closing

Post by Shahzaib5478 » Wed Jan 22, 2020 7:49 pm

Hi,
I have sponsorship for a small consultancy through which I work for a big client.
My employer recently informed me that he is think of closing his consultancy due to IR35 rule kicking in.
I am also pregnant and starting a family soon.
Is there any way out for retain my sponsorship?
Can't it be transfered to any other company by anyway?
Will my pregnancy have any impact?

Please advise. Thank you in advance

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CR001
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Location: London
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Re: Employer company closing

Post by CR001 » Wed Jan 22, 2020 8:02 pm

You have to get a new sponsor and apply for a new tier change of employer.

You cannot transfer your visa to another employer unless TUPE specific requirements are in place.

Who pays you?? Your sponsor or where you actually work?

Why would ir35 affect you as you should be a PAYR employe with your sponsor and not a contractor being contracted out.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Shahzaib5478
Newly Registered
Posts: 11
Joined: Thu Dec 26, 2019 9:22 pm
India

Re: Employer company closing

Post by Shahzaib5478 » Wed Jan 22, 2020 8:23 pm

I am paid by the consultancy only and m on it's pay role.
IR35 doesn't impact me per say but the consultancy is thinking of closing down it's business as it sees loss after IR35 kicks in.
How would I know that my consultancy has TUPE specific requirements in place?
When you say apply for tier change of employer, does it means I can do it staying in the UK only or does have to get the whole new sponsorship process altogether like I did earlier?

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CR001
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Posts: 86992
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Employer company closing

Post by CR001 » Wed Jan 22, 2020 8:28 pm

TUPE applies when companies merged or are taken over. It doesn't apply to what you describe of simply shutting doors.

You haven't stated which tier 2 your are on, General or ICT. Presumably it is tier 2 general.

Yes you can change sponsors within the UK, if you can get a job and a new sponsor. Then apply for a new visa and pay all the fees again.

Why did you switch from a dependent visa??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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