Tier 2 General - TUPE- Redundancy

[mmmohammed]

Hello,

I am seeking advice urgently, please help

I have been working with Company Alpha and received Tier 2 general visa in Dec 2013 for 3 years expiring in Dec 2016.

Company Bravo has taken over a client contract and I got transferred via TUPE on 1 Jan 2016 since it is not required to make a fresh application.

Company Alpha informed UKVI by SMS that I have now been transferred to company Bravo from 1 Jan 2016.

Finally both companies got the acceptance letter from UKVI about my transfer.

Now due to circumstances and collapse in industry I got made redundant by company Bravo.

I spoke to Company Alpha about redundancy and they are ready to offer me a job,

My question is that, should my visa would be valid if I want to work with company Alpha again?

since my visa was firstly issued with their COS and my BRP still have Company Alpha details.

Does Company Alpha has to inform UKBA using SMS again that they are employing me again due to a requirement or redundancy?

Its an humble request to please answer my query.

Many Thanks in advance

[Djsuccess]

I will attempt to answer your question. Your visa has been moved to company Bravo undr TUPE therefore making company Bravo your sponsor, so technically your current visa could become invalid if Company Bravo informs the Home office that you have been made redundant and no longer responsible as your sponsor.
You are however in a good position because company Alpha is happy to take you back. I want to believe that company Alpha is still a registered sponsor and as such you will need to make another application using a new CoS assigned to by Company Alpha.

If companies Alpha and Bravo are two different companies, then company Alpha will not be able to continue as your sponsor with your current visa even though they issued it to you in the first place, it is no longer theirs after you were transferred to company Bravo under TUPE.

My advise is that you should ask company Alpha to assign a new Cos to you and you submit another application ASAP. Meanwhile, a Resident Labour Market test might be required for your new application. So the earlier you start the process the better.

I believe there are more experienced people here who can she more light on the case otherwise you might also want to contact a lawyer.