Tier 2 General TUPE

[LabMan]

Hello,

I have a Tier 2 General visa (multi-entries) sponsored by company A. I am moving, along with my department to company B, who had confirmed that I will be moving under TUPE.
Currently, I am outside the UK and working from my home country until restarting with company B.

Will my stay abroad affect the TUPE transfer?
In general, dose the Tier 2 General visa expire if I stayed out of the UK for 1-3 months?
My dependents got their Tier 2 General dependent visas a month ago, but they will not come to the UK until few months, does this delay invalidate their visas?

As a side note, we are required to register with the police for every change of address.

Any information is much appreciated.

Thanks.

[LabMan]

Hi again,

I really appreciate any feedback.
It's a bit urgent.

Best.

[LabMan]

Sorry to bump the topic again, but anyone pls.

[LabMan]

Really hate to bump this topic once again. But I am really eager to hear from you.

[manci]

Are you at present on a work assignment outside the UK for company A? If you are, your visa will not expire because of the absence from the UK.

Does company B have a sponsor licence?

Your dependants' visas will not be invalidated due to the delay in travelling to the UK.

read the sponsor guidance para 13.1 onwards:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
and para 200 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[LabMan]

Yes, company B is very famous and it is rated as A sponsor.

I am not at work assignment outside the UK; it is a tricky situation, as my chief informed me "verbally" not to attend at work at Company A until we move to Company B. My Chief is aware of me staying at my home country, but I don't have any written form.

So, does the UKBA request any proof of assignment (outside the UK) when returning back to the UK after say a month or two?
Does the transfer under TUPE require me being physically in the UK?

Many thanks for your patience and your great support.

[manci]

Sponsors have to report to the HO within 10 working days certain things about migrant workers, such as, for example, if they stop sponsoring the migrant, the migrant takes unpaid leave, if the migrant's employment is affected by TUPE, etc. See para 15.6 of the T2 policy guidance

Your situation largely depends on what the sponsor has done, or hasn't done, in this regard.

[LabMan]

Thank you very much for your reply.

[shalgo23]

Hi,
I am also in a situation something similar to Labman, However my TUPE visa application is already under consideration. I have Tier2 Visa from old company valid till 2017 july. I have applied for Tier2 visa for a new company on March 21st due to my old company was taken over completely by new one on jan 2016. When i went for my premium visa application at Glasgow, caseworker said, he doesnt see enough evidence on the HO database regarding my TUPE transfer so he provided me 14 days time to produce evidence to prove that my TUPE transfer was registered and approved by UKVI. I informed this to my company and they advised me that they have followed all TUPE rules and they dont have any idea what HO is asking for( But I suspect my company and solicitor didnot inform UKVI through SMS within 20 working days). Then within 14 days time, our solicitor informed me that they sent an evidence to prove my old company is taken over and I am TUPED(I believe this is when they informed UKVI about my TUPE trasnfer via SMS and sending an email to sheffield HO).
Its already 3rd week running after we have submitted the evidence? How long will HO take to decide and send me a reply because my application was basically premium service?. Also will the above matter has any effect on my VISA decision?
Please advice me

[geriatrix]

Since the decision was deferred it is now a normal (postal) application and is most likely to follow timelines as same as postal applications.
If you receive a decision any earlier, consider yourself lucky.

[shalgo23]

Since the decision was deferred it is now a normal (postal) application and is most likely to follow timelines as same as postal applications.
If you receive a decision any earlier, consider yourself lucky.

Hi,
thank you for the reply. So what is the normal postal application timeline for these kind of cases?
Also do you mean if I get early decision which means application is successful?

[shalgo23]

Hi,
Any reply would be much appreciated, please. I am kind of unsettled here.