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Hi,

I am on a Tier 2 Sponsored Visa and will be eligible to submit for ILR application in 2 weeks. My eligibility is in line with what is needed for ILR however I am getting Tuped just after my ILR application. My current employer said that they will give me an employer letter with all the details as required but will be calling out that I'll work with them until the end of July and post which I'll be getting Tuped to another firm with the same terms and conditions and it is protected Tuped Transfer. Can you please advise if this is an issue? if so what do I need to do for a successful application?

Visa Type - Tier 2
5 years completion - end June
TUPE Effective - 1st week of August
Meeting Eligibility - Yes

Thanks for the help in advance.

page 25 onwards in the link below.

https://assets.publishing.service.gov.u ... 4_v1.0.pdf

The new employer must have a sponsor licence for you to be able to work for them.

TUPE is a change of employer so you cannot apply for ILR until the TUPE process is finalised and you are moved to the new licenced sponsor/employer. You do not need to apply for a new visa or a new COS, assuming the new sponsor has a valid sponsor licence. Otherwise, they need to get a license and you must obtain a new COS and new visa before you can even think about ILR. If they fail to obtain a license in the proper timeframe, your visa could be cancelled.

C4.10. Workers who change employer under TUPE or similar protection do not need to make a new application for permission, and the new sponsor does not have to assign a new Certificate of Sponsorship (CoS) to the worker, provided:

• the new sponsor has a valid sponsor licence in the relevant route and has confirmed that it accepts responsibility for the worker, and
• the worker’s duties remain unchanged

https://assets.publishing.service.gov.u ... 4_v1.0.pdf

thanks for the response, I have already read the guidance however not clear to me as the 5 years fets completed even before I am TUPED, and during TUPE I'll not have an active visa so How can a new employer will notify of taking responsibility ? my COS is for 5 years and it will expire before before i am TUPED.

sand007 wrote: ↑

Tue Jun 11, 2024 10:14 pm

thanks for the response, I have already read the guidance however not clear to me as the 5 years fets completed even before I am TUPED, and during TUPE I'll not have an active visa so How can a new employer will notify of taking responsibility ? my COS is for 5 years and it will expire before before i am TUPED.

Eligibility for ILR is not just about completing the qualifying period of 5 years. You must also have an employer/sponsor with a valid licence who must confirm that they will need you for the foreseeable future. As you will be moved to a new employer soon under TUPE, then you do not qualify for ILR as your current sponsor cannot support your ILR as per the rules in place.

As I said above, you are effectively changing employers and normally this requires you to secure a new visa under your new sponsor's licence. However if such change is due to TUPE, rules will allow you to simply be moved under the new employer's licence without the hassle of securing a new visa, assuming the new employer is also a licensed sponsor.

When will your current visa expire?
Is the new company also a licensed sponsor?

Hello, Thanks for the response. Below are the timelines.

Completing my 5 years by the end of June with my current 5 years visa also expiring at the same time. The TUPE would be applicable from 1st week of August. Considering my COS is valid only until the end of June the new Sponsor can not make changes to the current COS to advise on taking responsibility as by the time I'll be TUPEd my current VISA and COS would have expired.

the current sponsor is confirming on the letter that I am TUPED from August and with the TUPE agreement the role would continue for the foreseeable future.

TUPE will not magically solve your visa issues at all. TUPE will not erase immigration restrictions at all. As I explained you cannot get ILR as you do not meet the requirements and also any letter issued by your current sponsor will not solve this. Your current employer saying your role will continue under TUPE after August will not help either. You did not say whether the future employer is a licenced sponsor or not ???? You need to figure these out with the help of your current sponsor.

Your best bet is to ask your current employer to issue you a new short-term COS (3 to 6 months) so you can extend your visa until the transfer is finalised. This also allows you to be transferred to the new sponsor without any issues. This all AGAIN assumes you are moving to a licensed employer.