Company applying for sponsor license tricky situation

[Sv2018]

Hi all,

I hope all is well at your end.
Currently on tier 2 visa.

A very urgent and tricky situation, I have been offered a job (change of employer, UK company ) and this new company (X) plans to apply for a fresh sponsor license (SL) But they are asking for my details to process their SL saying they have identified me as potential candidate.

The current company (A) where I am employed is under process of acqusition by a UK company (B) not have a sponsor licence.
Matter of time.

The new job company (X) wants to use my details to fill to apply for the sponsor licence.

Also, once the process of aquisition is completed by company (B) they will apply for a sponsor licence using my details.

My question, if Company X process their sponsor license using my details (identified candidate) will this bar company B for applying Sponsor license using my details given the fact I am the only migrant moving to comp B under TUBE or this will reject their sponsor license?
I just wish to secure myself, my preference is to stay with my current employer which is being acquired by company B
Hence seeking your valuable advice.
Thanks.

[Sv2018]

Anyone please?

[Frontier Mole]

If your new prospective employer is applying for a licence and quoted you as the intended employee it is not a problem. The Home Office will know that you are currently sponsored and it has zero impact on your position with your current employer. No information is passed to your employer and they will not be aware of your involvement in the prospective new employers plans to gain a licence and then offer you the role / issue a COS etc.

As for TUPE.

When there is a transfer between companies of sponsored staff it is very much an administrative internal move of individuals from one licence holder to another. There is no new new cos, no application or fees to pay. It literally is a case of an electronic move on the Home Office systems, essentially saying you are employed by the new company and they take ownership of the COS issued by your previous employer.

The more important question to ensure you are not going to fall between the cracks- when does your current visa expire?

If it is several months / years away there will not be a problem.

[manci]

When a company applies for a Skilled Worker sponsor licence they are asked:
If you have already identified a person, …… and intend to assign a CoS to them, you should provide the following details of the person:
full name
date of birth
nationality
current immigration status
current job title and duties

"Identification" is not a commitment to employ and for employment contracts the agreement of two parties is required. IMHO the inclusion of your details in company X's sponsor licence application should not jeopardise company B's sponsor licence application which would also include your details.

Even if the outcome of company X''s application is positive you are not obliged to accept their job offer if there is a chance of moving to your preferred company B

Note that for transferring to company B under TUPE they would need to apply for a Skilled Worker sponsor licence within 20 working days of the date of the transfer.

[Sv2018]

If your new prospective employer is applying for a licence and quoted you as the intended employee it is not a problem. The Home Office will know that you are currently sponsored and it has zero impact on your position with your current employer. No information is passed to your employer and they will not be aware of your involvement in the prospective new employers plans to gain a licence and then offer you the role / issue a COS etc.

As for TUPE.

When there is a transfer between companies of sponsored staff it is very much an administrative internal move of individuals from one licence holder to another. There is no new new cos, no application or fees to pay. It literally is a case of an electronic move on the Home Office systems, essentially saying you are employed by the new company and they take ownership of the COS issued by your previous employer.

The more important question to ensure you are not going to fall between the cracks- when does your current visa expire?

If it is several months / years away there will not be a problem.

Thanks a lot Frontier Mole much appreciated. My current leaves expire in 2023.
I understand the process is quite smooth under TUPE if the company (B) acquiring my current company (A) has had a sponsor license. This is why my preference is to stay with my current company.
Since Comp B is not a licensed sponsor at the moment they will need to apply for license once the acquisition of my current company (A) is completed. Hence this query.
I am just trying to keep options open for me by considering opportunity with Company X

[Sv2018]

When a company applies for a Skilled Worker sponsor licence they are asked:
If you have already identified a person, …… and intend to assign a CoS to them, you should provide the following details of the person:
full name
date of birth
nationality
current immigration status
current job title and duties

"Identification" is not a commitment to employ and for employment contracts the agreement of two parties is required. IMHO the inclusion of your details in company X's sponsor licence application should not jeopardise company B's sponsor licence application which would also include your details.

Even if the outcome of company X''s application is positive you are not obliged to accept their job offer if there is a chance of moving to your preferred company B

Note that for transferring to company B under TUPE they would need to apply for a Skilled Worker sponsor licence within 20 working days of the date of the transfer.

Thanks a lot Manci for throwing light on this situation.
This is such a relief to know. I really was in dilemma on what to do as the new company (X) has asked my details and issued a conditional employment offer. I assume I can give my details to them to process their sponsor license.
Will there be any issue if I accept the conditional offer meanwhile (it does not have a start date as I assume it can only be once the Sponsor license is issued and a COS is assigned)[/shadow]

[manci]

Will there be any issue if I accept the conditional offer

depends on the wording of the conditional offer and your wording of the acceptance of it but, as Frontier Mole said, "the more important question is to ensure you are not going to fall between the cracks"