T2 ICT but overseas branch sold off

[toad]

Hi,

I have a colleague who is in the UK from an overseas branch as an expat with T2 ICT (since Aug 2013), working in the UK headoffice.

The overseas branch was recently sold off and the HR dept has told him that he now has to go back to his home country.

He wants to localise and become a UK employee and stay in the UK (continue using the existing T2 ICT visa), rather than going back to the overseas branch which is now owned by another company. But the HR has told him that since the overseas company is not part of the UK company anymore, the existing ICT visa cannot be used and he has no option but to go back, and that is the legal obligation, not a company decision.

Is this correct? Or is there a way for him to stay on in the UK with the existing visa?

Thanks.

[Wanderer]

The T2 visa goes with the role not the person. He'll have to find another sponsor quickly.

[moonlight55]

He can stay in UK if the new company who has taken over is ready to sponsor him under TUPE arrangements. Otherwise, his leave will be curtailed and he has to go back to his home country.

Since he came in Aug 2013, he cannot switch to Tier 2 General as well from within UK.

For more info on how mergers and takeover works, you can read the T2 Sponsor Guidance. There is a separate section dedicated for such cases.

[toad]

The T2 visa goes with the role not the person. He'll have to find another sponsor quickly.

Thank you for your reply.

So I guess that means having to work for another UK company that can issue T2 ICT? I don't think he will consider that. Thanks for the suggestion.

[toad]

He can stay in UK if the new company who has taken over is ready to sponsor him under TUPE arrangements. Otherwise, his leave will be curtailed and he has to go back to his home country.

Hi moonlight55,

I should've made it clearer in my original posting.

It's not the UK company that's been taken over. The UK company (head office) sold off the overseas branch, where my colleague is from. And the overseas company that bought the overseas branch is local to that country and has no UK affliation (no UK branch or headoffice). Thus the new company cannot sponsor him to have T2 ICT.

[moonlight55]

In that case, I think he will have to return.