Page 1 of 1

Urgent Help ILR

Posted: Mon Jul 10, 2023 11:19 pm
by Hari6006
I require immediate assistance regarding my current situation. My skilled work visa is set to expire in the middle of August, and I had planned to apply for indefinite leave to remain as my 5-year qualifying period ends at the end of August. However, I have just been informed by HR today that there has been an internal company change, and they have merged our company with another group of companies. As a result, all employees, including myself, are being transferred to the new company.

Upon checking the Home Office website, I discovered that companies are required to inform the Home Office within 20 working days of any changes. Unfortunately, it has already been more than 20 days since the merger, and the recent payroll has been processed under the new company. Furthermore, the previous company is still listed on the Company House and the skilled workers register. Even if the merger is reported to the Home Office, I am unsure about the implications for my visa application, which I intended to submit next month. Will I still be able to apply for it, or does my employer need to have a license? Additionally, considering that the last payroll was processed under a different company, how will this affect my indefinite leave to remain application?

I do have the option to seek employment with a different employer who holds a license. Should I explore this option to resolve my situation?

Re: Urgent Help ILR

Posted: Tue Jul 11, 2023 2:25 am
by vinny
Was it under Tupe?

S9.17. A worker will not be required to make a change of employment application if any of the following exceptions apply
there is a change of employer or sponsor but the change is covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE arrangements’) or similar protection, provided the worker will continue working in the same occupation code assigned by their previous employer or sponsor – see section C4 in Part 3: Sponsor duties and compliance for further information on this

Re: Urgent Help ILR

Posted: Tue Jul 11, 2023 2:37 am
by meself2
Duplicate topic. Please keep your posts in one topic.

Re: Urgent Help ILR

Posted: Tue Jul 11, 2023 2:51 am
by vinny