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ILR application but sponsor undergone TUPE transfer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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leomar102284
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ILR application but sponsor undergone TUPE transfer

Post by leomar102284 » Sat Oct 19, 2019 9:21 pm

Hello everyone, can anyone advice me on how can I fill out the ILR set(O) portion on sponsor area. The question is as follows:
What is your sponsor licence number as shown on your Certificate of Sponsorship?

Then says:

Your sponsor is the organisation you will be working for in the UK, who are sponsoring this application.

I know that this is a straightforward question for some but my case is different as my previous employer A who assigned my latest sponsorship had undergone TUPE transfer and now I'm under employer B. What will I put as answer to this,
is it employer A who gave my latest COS or Employer B which is my current employer. I only have a copy of my latest COS employer A. If I put employer B, where can I check their sponsor license number? Any advice will be much appreciated, thanks in advance.

leomar102284
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Re: ILR application but sponsor undergone TUPE transfer

Post by leomar102284 » Sun Oct 20, 2019 10:56 am

Any advice for this query please? Can someone confirm if I had TUPE transfer my COS will also be transferred to my new employer?

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zimba
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Re: ILR application but sponsor undergone TUPE transfer

Post by zimba » Sun Oct 20, 2019 3:59 pm

Your COS will not change but the license does not get transferred automatically. So your You new employer must apply for a license within 20 days. You cannot get ILR unless your current employer is a licensed Tier 2 sponsor
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

leomar102284
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Re: ILR application but sponsor undergone TUPE transfer

Post by leomar102284 » Sun Oct 20, 2019 11:19 pm

Thanks Zimba for the reply. The company I have moved to is a licensed tier 2 sponsor. My COS was assigned by my old sponsor in 2017 and transferred my employment under TUPE regulations in 2018 to my new employer. I have been working for the same job ever since (code 2112,Biomedical Scientist). I'm unsure if a company had TUPE transfer, do they also take full responsibility of my COS assigned by my old sponsor. If that is the case, can I put my current employer to answer the question below although they are not the original sponsor who gave my initial COS?

What is your sponsor licence number as shown on your Certificate of Sponsorship?

Then says:

Your sponsor is the organisation you will be working for in the UK, who are sponsoring this application.

Thanks for the reply.

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zimba
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Re: ILR application but sponsor undergone TUPE transfer

Post by zimba » Mon Oct 21, 2019 12:51 am

TUPE protection has nothing to do with Tier 2. The new sponsor will simply be in charge of any employee transferred to the new company under TUPE. However the COS remains the same and you will be covered under the new license.

https://assets.publishing.service.gov.u ... dendum.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

leomar102284
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Re: ILR application but sponsor undergone TUPE transfer

Post by leomar102284 » Mon Oct 21, 2019 5:52 pm

Thank you Zimba for the clarification. Will it be alright to say that because my COS remains the same and covered under the new license. I can put the new sponsor license in the question above?

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zimba
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Re: ILR application but sponsor undergone TUPE transfer

Post by zimba » Tue Oct 22, 2019 1:59 am

Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

leomar102284
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Re: ILR application but sponsor undergone TUPE transfer

Post by leomar102284 » Tue Oct 22, 2019 10:40 am

Thank you for confirming Zimba. I will be submitting my ILR application this week and taking a premium service. This is my history:
Tier 2 (General) - valid from 01/11/14 to 01/12/17
Entered UK 03/12/14, 2 days of UK with this visa excluding the date of 1st entry from visa issuance date
Then switch employer..
Tier 2 (General) - valid from 04/01/2017 to 21/01/2020
My employer had a TUPE transfer in between this dates. I had 21 days out of UK with this visa.
This are the documents I prepared to submit:
1. Original passports and BRP
2. 2 passport pic
3. Cover letter explaining the absences and TUPE on my second visa, still waiting for another letter from employer confirming the TUPE transfer
4. Pay slips, bank statements (3 months)
5. P60 from 2014 to 2019
6. Employment letter (confirming salary, SOC code and appropriate salary) although 2112 code is now on Short occupation list and in PhD occupation
7.Life in UK
8. English requirement (B1 level)
9. Other utility bills confirming my address in the past 5 years as I have moved 3 times
Note: I will be applying with my wife (dependent), we came here in UK of the same date. All dates in her visa is the same as mine including out of UK absences. Applied together in all visa as dependent with no gaps. Added the following requirements for this application:
1. Life in UK test
2.English requirement
3. 2 years evidence of cohabitation
4. Other utility bills (stating both names on same address)
Please advice if I miss something, wish me luck with this application. I will post in this forum for the outcome of my application. I will also be applying my 3 year old son for British citizenship once both ILR is approve.

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Re: ILR application but sponsor undergone TUPE transfer

Post by zimba » Tue Oct 22, 2019 4:19 pm

No need for P60s, you simply need the last salary slip and statement
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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