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UK Tier 2 Sponsor visa licence issue - Company Merger

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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UK_IMG
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UK Tier 2 Sponsor visa licence issue - Company Merger

Post by UK_IMG » Tue Dec 15, 2015 8:04 pm

I'm currently in a Tier 2 ICT Dependent visa obtained in Aug 2014 and is employed by company A. When I applied for the job, company A mentioned that they can sponsor my Tier 2 General visa but were in the process of obtaining their sponsorship license and so asked me to join. The advertisement was back in May 2015 and an offer was given in Sept 2015 and I joined in Oct 2015. The recruitment Agency mentioned that they cannot fill the role with a local person at that time and so promised that company A is keen to do a Tier 2 General for me.

However, just before I joined, Company B acquired Company A. Both are UK based companies and has more than 250 employees in it. Company B acts as a parent company to A. Company B already has a sponsorship license with them. Now, company A is not ready to obtain their Sponsorship license and asks me to continue working with the current Tier 2 ICT Dependant visa.

Considering the above, please can you clarify few questions that I have?

Questions:

1. Is it possible for Company B to sponsor my Tier 2 General visa, even though I'm an employee of Company A?


2. Or should Company B advertise for the position again and clear RLMT, before sponsoring for me?


3. If yes to qn. 2 above, should I quit Company A, then apply for the job advertised by Company B and go through the entire recruitment process?

4. In the event that Company A gets the Sponsorship license, should they re-advertise the position and clear RLMT again as its more than 6 months now?

5.Else can you please give any other suggestion/option leading to ILR???.Do you think it is worth to continue with the job

Appreciate all your time and assistance in this regard!

Thanks much!

UK_IMG
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Posts: 3
Joined: Tue Dec 15, 2015 7:28 pm

Re: UK Tier 2 Sponsor visa licence issue - Company Merger

Post by UK_IMG » Wed Dec 16, 2015 10:30 am

Hi All, Please request you to help me out.Can some one post a reply for my questions.Many Thanks.

geriatrix
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Re: UK Tier 2 Sponsor visa licence issue - Company Merger

Post by geriatrix » Wed Dec 16, 2015 12:12 pm

For anyone (A or B or C) to sponsor you as a Tier 2 (Genenral) migrant they must provide evidence that there is no suitable candidate in the local market to do the job that they wish to sponsor you for. This is RLMT.
For anyone to sponsor you, they must be a registered sponsor (e.g. - following the merger / acquisition does company A continue to have a sponsor licence?)
Life isn't fair, but you can be!

UK_IMG
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Posts: 3
Joined: Tue Dec 15, 2015 7:28 pm

Re: UK Tier 2 Sponsor visa licence issue - Company Merger

Post by UK_IMG » Wed Dec 16, 2015 1:33 pm

Thanks sushdmehta for replying.Company A (the company I was recruited for) does not have a licence at all.That is my problem.While attending the interview they were merging with company B(New company)which still has a Sponsorship licence with A rating.So they assumed they can do my visa through company B(New company).

1.I want to know if Company A should apply for Licence to sponsor me(Note:My Job offer order was giving under company B Logo )
or
2.Could they they sponsor me with existing Company B Visa itself provided the RLMT is still less than 6 months.

Many Thanks.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: UK Tier 2 Sponsor visa licence issue - Company Merger

Post by geriatrix » Wed Dec 16, 2015 1:54 pm

1. Yes, if they wish to sponsor you (I thought that was crystal clear from point 2. in my earlier response).
2. The question makes no sense to me.
Life isn't fair, but you can be!

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