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Tier 2 Visa. Change in Employer Shareholders.

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

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Macpro
Newly Registered
Posts: 11
Joined: Tue Oct 01, 2013 11:19 pm

Tier 2 Visa. Change in Employer Shareholders.

Post by Macpro » Tue Dec 23, 2014 11:54 am

Hi There,

I have couple questions about Tier 2 visa and was wondering if you people can shed some light on this please.

I am on Tier 2 visa and I currently work for a Public company with US as main headquarters and UK as regional EMEA headquarters. Company is currently listed on NASDAQ with wide range of public shareholders.

In few months from now my company will go Private and all shares will be under new set of private equity firm shareholders. These shareholders are not based in UK and does not have Tier 2 sponsor license.

Company name and brand, our CEO/management team, regional headquarters, and my job remains unchanged. Only thing that will changing is company going from Public to Private with new set of shareholders.

Question:
1) Can I still continue my employment as nothing changes in terms of role or company name or business side or not ?
2) If I cannot, what should the new company do to protect existing employees ?

I read through chapter 13 of Sponsor guidance but unfortunately my situation is not closely matched. Can someone please help answer my question.

Kind Regards

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 Visa. Change in Employer Shareholders.

Post by manci » Wed Dec 24, 2014 9:03 am

IMHO this will depend on the status of your sponsor, i.e. whether they are a company registered in the UK or a foreign company with a branch in the UK (you can check this through the Companies House website). In the former case there wouldn't be any change to the sponsorship assuming the UK company remains as it was at the time it obtained its sponsor licence. In the latter case they would have submitted certain information about the US parent company when they applied for the sponsor licence and if this changes I would suggest that they report it through the SMS.

Macpro
Newly Registered
Posts: 11
Joined: Tue Oct 01, 2013 11:19 pm

Re: Tier 2 Visa. Change in Employer Shareholders.

Post by Macpro » Sat Dec 27, 2014 10:05 am

Thanks Manci. Company is registered in UK and remains as is. Even the parent company in US remains unchanged, except going from public to private. Yes I made our Level1 user aware of this and we will report this change to home office early next year.

Just so I understand your reply, are you saying that my tier 2 sponsor status and my visa will not affected if above statement is true ?! Can you please confirm this when time permits.

Kind Regards

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 Visa. Change in Employer Shareholders.

Post by manci » Mon Dec 29, 2014 8:22 pm

Macpro wrote:Thanks Manci. Company is registered in UK and remains as is. Even the parent company in US remains unchanged, except going from public to private. Yes I made our Level1 user aware of this and we will report this change to home office early next year.

Just so I understand your reply, are you saying that my tier 2 sponsor status and my visa will not affected if above statement is true ?
yes IMHO
Can you please confirm this when time permits.

Kind Regards

Macpro
Newly Registered
Posts: 11
Joined: Tue Oct 01, 2013 11:19 pm

Re: Tier 2 Visa. Change in Employer Shareholders.

Post by Macpro » Mon Jan 05, 2015 2:37 pm

Thanks Manci.

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