ILR app. pending -Work permit issue *Urgent opinions pls!*

[yquestion26]

I went for a premium ILR application last week as a work permit holder for over 5 years. Everything went really well, they printed off the biometric residents permit put everything like my documents and passport back into a clear folder and put beside them on the desk.

Then proceeding to tell me that they needed more information on the nature of the acquisition of my sponsoring company by a parent company.

Basically my company A, was acquired by Company B through a total share takeover (So there was no TUPE process). Company A (My sponsorship company) is still operating as a subsidiary as Company B, and at the time of acquisition my role/responsibilities etc remained unchanged.

My company sought legal advice in 2008, contacted the Home office telephone enquiry and then sought legal advice from another solicitor last month and all 3 responded to say "Due to the nature of the acquisition, you don't need to submit to Technical change of employment" form.

The trouble I have is that my parent company is where the HR department is managed and also my payslips are run by the parent company.

However my caseworker started talking about this being "illegal of my company to do this" (In a very broad non-english mother tongue conversation I couldn't understand).

So now I've submitted a letter from my employer stating the nature of the company takeover and no other changes but I'm sweating and not sleeping each night worried that they won't approve it OR invalidate my sponsorship all together! This seems like a REALLY harsh technical error which is not my fault and all reasonable effort by my company was made through various advice and sources to ensure they were following the rules, shouldn't this be taken into account?

Any opinions of this type of ruling?? I know other posts often say "Ouhhh your company should have completed a TCE form" but interested to know any other expert opinions on this.

[ZyRon33]

Hi yquestion26,

I had the same situation as yours. I applied on the 12th of January @ Croydon PEO and still painfully waiting for any results up to this moment. Hang in there, hopefully you'll get yours soon.

Regards,

[vinaya]

There no written rules in this regard. The problem you have is that you are being paid by the holding company.

As long as Home Office can see the connection of the subsidiary for which your work permit was approved to the holding commany, i personally done see any issues.

This could have been done by technical change even though no TUPE process was invloved.

Depends on the caseworker, they might request a technical change from your company.

whilst you are waiting, I strongly insist to submit the technical change form.

[skano]

yquestion26

any update on your case?

skano

[yquestion26]

Hi Skano,

Afraid not. Not sure if you read posts I've submitted to other threads but I've attempted all manner of contact with the PEO (MP, emails that I shouldn't have sent to, emails I should have sent to, phone calls etc) but no luck.

Just elapsed 4 months since sending further documents.

[WP38]

I am in a reasonably similar boat as you. Any updates YQuestion26?