Company acquired by another company - previous workpermits

pravdiss · Post by **pravdiss** » Wed Aug 17, 2011 5:52 pm

I have a 5 year work permit VISA under the previous work-permit scheme. My VISA is ending in OCT 2011. My company was acquired by another company few years ago. Therefore my work-permit has a different name. I am about to apply for ILR and my visa agent is requesting a UKBA letter acknowledging the company name change. Unfortunately I do not have a letter like that. Do you guys have any suggestions?? Anything is greatly appreciated. thanks.

Post by **John** » Wed Aug 17, 2011 5:59 pm

Has your employer actually changed, from one limited company to another? Or alternatively you are still employed by the same company, albeit that company has changed name?

pravdiss · Post by **pravdiss** » Wed Aug 17, 2011 6:45 pm

John wrote:Has your employer actually changed, from one limited company to another? Or alternatively you are still employed by the same company, albeit that company has changed name?

yes, it changed from XXX.ltd to YYY plc.

But no change to actual job roles.

many thanks

Post by **John** » Wed Aug 17, 2011 8:00 pm

yes, it changed from XXX.ltd to YYY plc.

Sorry to be pedantic, but "it" means what? Are XXX.ltd and YYY plc different limited companies? Or alternatively, did the company formerly known as XXX.ltd change its name to YYY plc?

pravdiss · Post by **pravdiss** » Wed Aug 17, 2011 8:23 pm

John wrote:
yes, it changed from XXX.ltd to YYY plc.
Sorry to be pedantic, but "it" means what? Are XXX.ltd and YYY plc different limited companies? Or alternatively, did the company formerly known as XXX.ltd change its name to YYY plc?

Lets say, the original company is called Transmission Ltd. This was acquired by a different company called Alston plc. After the acquisition Alston plc did get rid of the name Transmission Ltd completely and continued the projects as normal (before). The name Transmission Ltd does not exist anymore.

Hope this helps?

many thanks

Post by **John** » Wed Aug 17, 2011 10:09 pm

Thanks for that. So it seems to be correct to say that you do not have a WP to work for "Alston plc", and "Alston plc" have no right to employ you, and face a Â£10000 penalty for employing you?

Or am I missing anything?

Post by **Lucapooka** » Wed Aug 17, 2011 10:23 pm

I think the OP should investigate if this falls under TUPE, in which case he may not have a problem.

Guidance 192
192. A change of employment application is not required for other changes to your job. For example if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases, or you are moving under TUPE arrangements due to takeover, merger, or de-merger

See also Sponsor takeovers

http://www.ukba.homeoffice.gov.uk/emplo ... takeovers/

Post by **John** » Wed Aug 17, 2011 10:33 pm

Lucapooka, you make a very good point. TUPE is highly likely to apply.

Post by **PaperPusher** » Wed Aug 17, 2011 10:54 pm

The original poster and the employer need to look at this page on the UKBA website about technical changes.

http://www.ukba.homeoffice.gov.uk/worki ... lications/

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Company acquired by another company - previous workpermits

Company acquired by another company - previous workpermits