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Hi,
I am new to here, can someone please help me out my financial question?

I will be applying ILR by 5 years spouse route in 2 months time. Both of us employed and working for full time but my partner's company has been bought out by another company in January this year. His employment has been transfered to new company automatically, his hourly rate and hours of work per week hasn't changed.
Since company acquisition the Name of company changed in the pay slips too but old company still there it's just part of new company now. Is this means he changed an employer within 6 months? Within 6 months pay slip he has 2 under old company name and 4 under new company name.
I am puzzled which category should I go for? Category A or B?
We plan to summit combined income both of us, I am in salaried employment. Can I regard my partner hasn't changed an employer and go for Category A in this case? No matter which category go for we can meet financial requirements, just want to be less paperwork

Thanks for help in advance!

what's your immigration history?

cyclina1 wrote: ↑

Sun Apr 22, 2018 10:00 am

what's your immigration history?

The OP has very clearly stated their visa route, i.e. SPOUSE VISA applying under CAT A or B!!

cyclina1 wrote: ↑

Sun Apr 22, 2018 10:00 am

what's your immigration history?

Hi, Cyclina

Do you have any good idea which Category I can choose? I made appointment in June and I am still pazzle for this.

Hotcat wrote: ↑

Wed Apr 25, 2018 11:35 pm

cyclina1 wrote: ↑

Sun Apr 22, 2018 10:00 am

what's your immigration history?

Hi, Cyclina

Do you have any good idea which Category I can choose? I made appointment in June and I am still pazzle for this.

Hi

I believe you can still apply under a category of same employer, as contract remains the same, it is just that another company has bought your employer. your HR should provide you with a letter. In fact you might have received a letter from your employer about this change, if not ask your HR for Proof of employment and ask them to mention the start date and request them to mention about this buying thing in the letter.

Thanks

I believe as your company was bought out by a new employer but your contract conditions and rights are still retained you would fall under the TUPE regulations, you must have recieved something in regards to this.

It usually means assets and company data may also be transferred over to the new employer. You should seek clarification from HR and if possible do a SAR request to attain information held about you by your your employer.

Subject acces request

The new employer should provide a new statement of terms and conditions within four weeks of the transfer. An employee’s period of continuous employment is not broken by a transfer, and, for the purposes of calculating entitlement to statutory employment rights, the date on which the period of continuous employment started is the date on which the employee started work with the old employer. This should be stated in the employee’s new written statement of terms and conditions; if it is not, or if there is a dispute over the date on which the period of continuous employment started, the matter can be referred to an employment tribunal. Transferred employees retain all the rights and obligations existing under their contracts of employment with the previous employer and these are transferred to the new employer, with the exception that the previous employer’s rights and obligations relating to benefits for old age, invalidity or survivors under any employees’ occupational pension schemes are not transferred. If the new employer does not provide comparable overall terms and conditions, including pension arrangements, an employee may have a claim for unfair dismissal.

Couldn't edit original post, I would like to state this happened to our company as well, we were essentially bought out but it came under the those regulations and my continous employment still counts from when I started with my old employer.

It was more of a merger than a buyout to be honest as the signs of the old company and new company are still being used. Hope this helps somewhat.

Hi, Expert

thanks for your reply.
yes, my partner got a letter from HR confirming the company transfering.
The letter written as below,

''As you are ware, 'company A' was transferred successfully to 'company B' on 31 Jan 2018.

Due to the transfer, the payroll department have issued the enclosed P45 to you, to confirm the transition of your employment from 'company A'

you will not be required to send your P45 to 'company B' as your pay and tax information will be sent to them directly by the payroll department.

Please be advised that this is standard procedure within the TUPE process and the enclosed P45 is just for your records.
All future payslips with have the 'company B' brand.''

I will summit this letter when I attend premium service appointment.
except above what can his employer state in a letter of his employment?
just state his hourly rate and hours of work unchanged and confirm his wages earned from previous 6 months and confirm company transition?
many thanks for help!

Anyone there please help,
So is it safe to go for Category A? Any advice I will be much appreciated.

Hi, everyone

I come back to just update my status today. My application was approved 25 May Solihull PCS centre . Total waiting time in premium service centre was around 2 hours which is not too bad.
Thanks for support from all of you guys!
I have applied under Category A, only submit my partner's income evidence. For financial document I submit work contract, letter from employer (letter head is still old logo), company transition letter, 6 months bank statements, 6 months pay slips(3 from old logo, another 3 from new company logo).
When I prepare financial documents I worried too much of my partner's employment because his company was acquired by another. But after all it wasnt a problem as long as I provided all the evidence.

I hope this will help someone who has same situation with me.