I LR refusal because my employer's sponsorship certificate

[CnO]

I'm in a state of shock after HO refuses to grant ILR claiming my employer'ssponsorship certificate expired last year November. This is the first time I'm made aware of this. I am still working with my employer am aware they were taken over by another trust last year September and I was transferred under tupe. The new employer has a valid certicate which I have confirmed. However HO is referring to the old employer in their correspondence. My old employer was local authority school and was taken over by a trust and became an academy.
Has anyone had such dilemma. Any advise please?

[CnO]

I'm in a state of shock after HO refuses to grant ILR claiming my employer'ssponsorship certificate expired last year November. This is the first time I'm made aware of this. I am still working with my employer am aware they were taken over by another trust last year September and I was transferred under tupe. The new employer has a valid certicate which I have confirmed. However HO is referring to the old employer in their correspondence. My old employer was local authority school and was taken over by a trust and became an academy.
Has anyone had such dilemma. Any advise please?

Been asked to do AR . My current employer claim that they have a valid sponsorship licence that covers this period after the expiry of the old employer licence because they took over the responsibility
Please can anyone advise me on this issue. I need help on ideas

[zimba]

The new sponsor has very specific duties to follow under Tier 2 when it takes over another organisation.
Did the new trust follow those required steps as stated in the guide under Mergers, takeovers and similar
changes ?

https://www.gov.uk/government/uploads/s ... 5-2017.pdf

[CnO]

ThankYou Zimba88,
Apparently the new trust missed out on the guidelines and dud not brief me to date as am still their employee. What is the legal implication of this? Thanks in advance for your support.

[CR001]

ThankYou Zimba88,
Apparently the new trust missed out on the guidelines and dud not brief me to date as am still their employee. What is the legal implication of this? Thanks in advance for your support.

My understanding is that if the new trust did not follow the published procedures as posted by zimba88, then you have effectively been working illegally for an employer who is not an HO approved sponsor.

[zimba]

ThankYou Zimba88,
Apparently the new trust missed out on the guidelines and dud not brief me to date as am still their employee. What is the legal implication of this? Thanks in advance for your support.

Technically you cannot be their employee under Tier 2 if they did not follow their duties. You have worked illegally since November
I suggest to take this issue to HR as soon as possible and seek legal help. Given that you have worked for a sponsor without a valid certificate of sponsorship, your leave could be curtailed (if you have any left) or you could face difficulty obtaining future visas.
The new employer must act now and sponsor you under their own certificate instead.

[CnO]

ThankYou CR 00 1 and zimbas88,
I've contacted HR and waiting for their response. I am currently seeking legal help. Thanks for your help. Will post if any development.