ILR after TUPE Transfer

[chanpat]

Hello All,

I'm currently stuck in limbo and looking for some advice from this forum. I have finished my 5years on skilled worker visa in November this year. However, just before finishing my 5years, my business unit is merged with another company under TUPE transfer. The transfer process was completed in late October.

I've now started my ILR application and need to provide sponsorship license details of the employer. My question is can I use old employer license number or the new one? New company also has Skilled worker visa sponsorship license but my visa is not yet transferred to new company. I checked with HR/legal team for clarification, they are still discussing whether to transfer all employees on visa to new company or to transfer the ownership of existing license to new company and not sure of timeline on completing this process.

Can I use my existing license number (old company before TUPE) with a cover letter saying that the company is merged with new one and provide the employment references from the new company? Will this be an issue?

Note that my previous company (Before transfer) will continue to operate in the UK as only a part of business is merged under TUPE.

Thanks in advance

[zimba]

The new company becomes the sponsor and they will need to meet the duties. You can't use anything from the old company as they are no longer your sponsor.

The UKVI guide tells the sponsors what they exactly need to do via the SMS within 20 days: https://www.gov.uk/government/publicati ... accessible

[chanpat]

Hello Zimba,

Thanks for the response. I’m afraid that both companies involved in TUPE may have missed the 20days timeframe to update home office. Will this have an impact on employee status in the UK?

Is there a way to know to which company my visa is tagged to? Does home office disclose this information if i contact them?

I tried to get the support from company’s solicitors and they have responded that the process is still ongoing. I don’t know when this will be completed.

[zimba]

This is a sponsor compliance issue, not your issue. Let them sort it out with the UKVI

[chanpat]

Hello, thanks for your response.

I know this is a sponsor compliance issue and I have been following up with my HR and solicitors team. However, they are not able to provide a definite timeline when they are going to complete the transfer process. I cannot wait until they finalize the transfer due to personal reasons.

I have now new offer from other employer. However, the question is, If I move to a new employer now, can they sponsor my ILR instead of Skilled worker visa as I have finished my 5 years? or should I first change my employment to new employer under skilled worker visa and then apply for ILR?

Thanks

[zimba]

You need a new visa and at least one payslip to get ILR via the new sponsor

[chanpat]

Hello,

I'm still waiting for my company to transfer my visa to new company after TUPE. TUPE is completed in last September and I guess company still awaiting for legal complaince teams to address the issue. However, my worry is i may end up paying more for my dependents visa extension if I fail to secure my ILR by this August. Can you please suggest if tere is any other option to apply for ILR as I have finsihed my 5 years on skilled worker visa in 2024.

I'm in touch and chasing my company's legal firm about update. Unfortunately there is no timeline on transferring my visa.

[zimba]

You either go by the pace of your current company or change your job. There is no other option

[chanpat]

Hello Zimba,

Finally I've been informed that the TUPE transfer is completed and my visa transfer was submitted to the UK home office. However, it was still not yet acknowledged by UK Home office. My company's legal team has given me the reference number of VISA transfer and asked me to include in my ILR application along with a signed cover letter. Now, I have following questions

1. Where should I add this reference number in my application?
2. Although the TUPE process is completed, my pay slips still show my previous employers name as the IT systems were not yet migrated. Will this be an issue? Should I add this on cover letter as well? I have new company's sponser license number, employment reference letter with list of absences, soc code and salary.
3. Is SET(O) the right application for skilled worker ILR application?
4. ILR application has a section regarding BRP - Since UK has moved to evisas, should I provide the expired BRP details or simply select NO?

Thanks, appreciate your responses.

[zimba]

1. This has nothing to do with your application. It is part of what your sponsor had to do before you apply
2. It does not matter. A simple explanation in the employer letter will be enough
3. SET(O) is correct
4. Just say NO. The forms still have some legacy bits that will be removed in the future. You do not need to provide anything

[chanpat]

thank you very much for your quick response