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ILR SET M- 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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JohnnySilverhand
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Posts: 4
Joined: Wed Jan 03, 2024 9:56 am
United Kingdom

SET (M) - TUPE Transfer

Post by JohnnySilverhand » Wed Jan 03, 2024 10:41 am

Hello

I started a new job in early February 2023. At the end of July 2023 the company merged with a bigger company, and from 1st January 2024 we have been moved onto a contract with this bigger company. This was under a TUPE Transfer.

My wife will be applying for her ILR (SET (M)) application. Currently when I have entered details about my current job with the new company, I entered the start date as 1st January 2024 and for the company I joined in February 2023 as early February and end of December as the start and end date respectively. Then I had to enter my job previous to that. As a result of this information the application shows that I need to provide 12 months payslips and bank statements.

Therefore I have the following questions:
1. Could I provide 6 months payslips from July 2023 to December 2023 from the company I joined in February?
I meet

2. Or if I should provide 12 months payslips from January 2023? (including a payslip for the company I was working from in January).

3. For the employment confirmation letter would it be an issue if the company letterhead is from the company I'm contracted to currently and not the company that actually paid me? The company that paid me is still active in trading but is completely controlled and under the guidance of the company I'm currently contracted to and has been since the end of July 2023 when the merger took place.

4. Hypothetically if I apply under category B and submit 12 months bank statements and payslips will I also need an employment confirmation letter from the employer I was working for in January as well? As I have entered the information I mentioned in my second paragraph of this post, a document checklist appeared on the screen about the employment letter it mentioned "employer(s)".

5. Also I would meet the 18,600 threshold showing 7 months payslips. Is it an option to just provide those and the corresponding bank statements under category B?

Sorry for all the questions, I had all these questions in mind at the moment so thought I would ask them now rather than follow up with them after.

Thank you in advance

JohnnySilverhand
Newly Registered
Posts: 4
Joined: Wed Jan 03, 2024 9:56 am
United Kingdom

Re: SET (M) - TUPE Transfer

Post by JohnnySilverhand » Thu Jan 04, 2024 1:55 pm

Is there anyone that can help please?

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zimba
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United Kingdom

Re: ILR SET M- TUPE Transfer

Post by zimba » Sun Jan 07, 2024 3:01 am

Category A works. The new company can issue all the letters and older payslips can be from the previously named entity.
Transfers of personnel under TUPE mean that the new company retains the
same rights and conditions as under the previous employment. Therefore the
employer would need to answer these question as if they had responsibility
for all of that person’s employment throughout in that role.

Clearly however, the payslips will show a different employer for part of
the period. The new employer and applicant should make it clear in the
application and employer’s letter that the business ownership has been
transferred, but that it has had no effect on the person’s job.
https://www.whatdotheyknow.com/request/ ... ules_appen
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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