Please advise! T2 sponsor merger

[LMMW]

Hi All

Please kindly advise what I should do and my employer should do in this situation.

My T4 switch to T2 application is with HO at the moment, application was made on 22nd Jan 2015 (this is my second application, first application was refused due to entering 40 hour working week instead of 39 hour on the CoS). I haven't received the BRP letter yet.

My employer company (let's called it A) was bought by a foreign company (call it B) last week, I understand that the change has to be reported to SMS within 20 days. But the question is what's going to happen to the sponsor licence? As company B is not a UK company, company A will still be based in the UK. If they report the change while my application is still with HO, what's going to happen to my application?

Many thanks in advance!

[manci]

read section 13, especially 13.5:
https://www.gov.uk/government/uploads/s ... _11-14.pdf

IMHO what happens with your application will depend on timing. If the sponsor licence has been revoked by the time your application comes up for a decision you'll get a refusal. You need to find out when the company intends to report the takeover to the HO - a takeover is often a long process and it may not actually have taken place when the announcement was made. Also, do they intend to continue sponsoring migrant workers?

[LMMW]

Thank you for your quick reply, Manci.

The sponsor is still willing to sponsor current migrant worker.

When they say report in 20 days, when do they start counting the 20 days? When the takeover is announced?

As company B is a foreign company, can they get a licence? Not much is going to change to company A, apart from the current shareholders will change to company B, in this situation, what should the current sponsor report to HO? Thank you

[manci]

the date of announcement isn't relevant (it can be a long time in advance), the actual date of the takeover triggers the reporting duty.

Reporting is the company's responsibility as sponsors, they should be familiar with the sponsor guidance.

Foreign ownership is not an obstacle to getting a sponsor licence.

[LMMW]

Thank you Manci.

After the takeover has taken place, the company will remain the same apart from having different shareholders, does it mean the company will still need to apply to a new licence?

[manci]

refer to the sponsor guidance, link above. If HR has any doubts they (or you) can ring the UKVI employer helpline 0300 123 4699