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My company is being acquired by another company Tier 2 G

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Shah1698
Member of Standing
Posts: 312
Joined: Thu Apr 16, 2015 3:04 pm

My company is being acquired by another company Tier 2 G

Post by Shah1698 » Tue Jun 27, 2017 2:57 pm

Hi experts,

I recently moved to new employer 3 weeks ago on Tier 2 general (visa valid until 2021 Sep). Today I was told that my company is being acquired by another EU company, who also have a sponsorship licence in the UK. I am uncertain about this situation.

Can someone please answer these questions for me?

1. Does it affect my visa? If yes, how?
2. Does my employer need to inform home office?
3. Do I have to apply visa again with new CoS from company which is acquiring our business?

Thank you so much in advance.
Shah

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: My company is being acquired by another company Tier 2 G

Post by Djsuccess » Tue Jun 27, 2017 10:49 pm

Shah1698 wrote:Hi experts,

I recently moved to new employer 3 weeks ago on Tier 2 general (visa valid until 2021 Sep). Today I was told that my company is being acquired by another EU company, who also have a sponsorship licence in the UK. I am uncertain about this situation.

Can someone please answer these questions for me?

1. Does it affect my visa? If yes, how? Yes. Because the company sponsoring your visa will no longer exist, so they will lose their license. This is no big deal because you will be absorbed into the new company. Please read the tier 2 sponsor guide for details on company acquisition and what to do. Your sponsor will have to do all the documentation and not you. I have only suggested you read the guide for your own information
2. Does my employer need to inform home office? Yes. They need to inform the home office immediately. UKVI will advise on what to do
3. Do I have to apply visa again with new CoS from company which is acquiring our business? No, That's the good news, because the new company is a registered sponsor. You will be transferred under TUPE from the old company to the new. As long as the new company accepts you, the sponsorship duty is transferred to the new company and you wouldn't need to apply for another visa.

Thank you so much in advance.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Shah1698
Member of Standing
Posts: 312
Joined: Thu Apr 16, 2015 3:04 pm

Re: My company is being acquired by another company Tier 2 G

Post by Shah1698 » Wed Jun 28, 2017 11:44 am

Thank you for the response. It is very much appreciated.
Shah

Shah1698
Member of Standing
Posts: 312
Joined: Thu Apr 16, 2015 3:04 pm

Re: My company is being acquired by another company Tier 2 G

Post by Shah1698 » Wed Jul 05, 2017 9:52 am

Hi experts,

I am on tier 2 general visa. My company's (My sponsor) shares were sold out to another company. As a result, the ownership is changing. However, the company name doesn't change.

My director has informed this via SMS and she got a sheet to send to home office. In which weren't sure these options

A. surrender part of licence (please stage category to be surrender)
B. Surrender whole licence
C. Make licence dormant

Since we are operating with same business name why would the licence be surrendered?
If the licence is revoked, do new owners need to apply licence again with same company name?

Any help on this is very much appreciated. I am very much worried about this situation as I might loose my visa if they make mistakes. Please help.
Shah

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: My company is being acquired by another company Tier 2 G

Post by Djsuccess » Wed Jul 05, 2017 8:07 pm

Shah1698 wrote:Hi experts,

I am on tier 2 general visa. My company's (My sponsor) shares were sold out to another company. As a result, the ownership is changing. However, the company name doesn't change.

My director has informed this via SMS and she got a sheet to send to home office. In which weren't sure these options

A. surrender part of licence (please stage category to be surrender)
B. Surrender whole licence
C. Make licence dormant

Since we are operating with same business name why would the licence be surrendered?
If the licence is revoked, do new owners need to apply licence again with same company name?

Any help on this is very much appreciated. I am very much worried about this situation as I might loose my visa if they make mistakes. Please help.
Hello,
The fact that the name of the company is not changing has not changed the fact that the ownership has changed. This should be straight forward so don't panic. You said the new owner is a registered sponsor. If that's true, then your current sponsor will need to transfer you to the new company using TUPE. The new company will also notify UKVI that they have acquired your old company. The new owner might end up having their licence to cover your old company. Once the new company accepts you under TUPE, you should be able to continue working in your current location even when the name has not changed. Your current sponsor will most likely lose their licence.
Ask them about TUPE. The company might need to get a lawyer to handle this so that it is done smoothly.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Shah1698
Member of Standing
Posts: 312
Joined: Thu Apr 16, 2015 3:04 pm

Re: My company is being acquired by another company Tier 2 G

Post by Shah1698 » Wed Aug 09, 2017 11:59 am

Thank you for your responses.

I have a couple of questions. Any help is appreciated.

Will I get new BRP card automatically when I moved to new company that acquired my old company? Also, how do I know whether or not I moved to new company sponsor licence?

What happened so far?
1. My old company has informed home office that their shares were acquired by Company x
2. Company x had only Tier 2 ICT, they applied and got Tier 2 general added to their existing licence.


Shah
Shah

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