TUPE-transferring the employee from administered company

[Ivanedwin]

Hi,
I am working on tier 2 visa sponsored by the company which is now under administration and now they are planing to start up new company, transfer me to the new company under TUPE on tier 2 visa.
I have read that new company has to have sponsorship licence to transfer the employees.
But my new company doesn’t have one. I believe they have to apply for a new one within 20 days.

I want to know how long does the home office might take to give the licence to the new company ?
Is there any possibility of cancellation of my visa by HO at anytime of the TUPE transfer and new lincesing ?

[dan883]

As far as the new company applies for licence within 20 days you are ok. It is important for your employer to inform the HO(can be done via email) about the changes and the HO will keep the old licence valid until the new company gets licence. After getting the licence the employer would then again have to inform the HO in order to transfer you to the new company.

New licence can be achieved within 4-6 weeks

[Frontier Mole]

Seek proper legal advice before you decide to jump to the new company.
If your existing sponsor is in administration then the chances of meeting TUPE transfer for PBS purposes is pretty slim.
The administration transfer requirements for TUPE to be engaged are unlikely to qualify you for TUPE because simply buying the assets of the business do not engage TUPE. There has to be a transfer of all staff, no redundancy for anyone or you as a Tier 2 would receive redundancy preference which is against policy.

[Ivanedwin]

Hi Frontier,

My administrated company has made more than 50% of employees redundant and retained me(under tier2 visa). Recently I have received letter from administrators that I have been TUPE transferred to new company along with projects from administrated company and My employer assures me that new company (which is already formed) will apply for sponsorship license.

As of now, administrators have informed HO about the closure of the company and yet to inform them that we are working for new company.
Could you please explain me how this process will go further ? and is there any chance of losing job in the process ?

Thanks.

[Ivanedwin]

Hi,

my new company has applied for sponsorship license,
is there any chance of rejection by HO ? could you post the requirements for getting sponsorship license?

If HO rejects the application then,
How long I can stay in UK ?
is it possible for my new company to reapply after a failed attempt of sponsorship application?