Pseudoanime wrote: ↑Thu Jan 25, 2018 2:53 pm
Hi,
I'm currently working in a subsidiary of a company and the subsidiary plans to do a Hive Up (this is the process in which all the assets of a subsidiary are transferred to the parent company). Do the parent company need to apply for a sponsorship? My HR department called up the employer helpline and was told that they can just transfer the license. But this contradicts the information in the guidance for sponsors document where it states that the sponsorship license could not be transferred. Could someone please confirm this for me?
I have found out that most of the people on the other end of the UKVI helpline don't know the immigration rules.However, in your case the subsidiary might not need a new license, this is because the ownership of the company is not changing. Technically the parent company owns the subsidiary and the licence.
However, the subsidiary will need to notify UKVI via SMS about the hive up within 20 days of completing the process. UKVI will assess the situation and advise if the license will be transferred to the parent company or the parent company will need to apply for a new licence.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.