*Urgent need help* Tier 2 expires when company taken over

[thomasyan]

Hi All

I need some urgent help please

My current Tier 2 Visa expires in 13/2/2017 sponsored by "Old" company.

Then "Old" company was completely taken over by "New" company on 11/1/2017.

The "New" company does not have a sponsorship license so they need to apply for a new license within 20 working days of take-over. However this may take up to 8 weeks to be approved.

Which means there is a high possibility that my current Visa expires before the "New" license gets approved.

I have tried to ring UKVI but I got 2 different answers:

1. I can hand in my Visa application before 13/2/2017 without a Cos and ask them to hold my application until the "New" license is approved and new Cos assigned.

2. I have to leave UK before 13/2/2017 and apply my new Visa outside UK when the "New" license is approved and new "Cos" assigned.


I am very confused and don't know which one is correct? Can someone knows the regulation or someone who had the similar experience help me to clarify this???

Much appreciated!!!

[manci]

Ask the "new" employer to ring the employer helpline 0300 123 4699 or ring yourself pretending to be the new employer - no names are asked. Explain the situation and ask specifically by reference to para 13.10 of the sponsor guidance whether under the circumstances access to the "old" employer's sponsor licence would make it possible for a new CoS to be assigned to you.

The question can also be asked by email to: businesshelpdesk@homeoffice.gsi.gov.uk and this may produce a more definitive answer than the phone call.

https://www.gov.uk/government/uploads/s ... 1-2016.pdf
13.10
We can give you limited access to the old sponsor’s licence on the SMS, so that you can report migrant activity for those whose employment has transferred to you

Presumably the new employer will apply for a sponsor licence within the 20 days, if it hasn't done so already

[thomasyan]

Ask the "new" employer to ring the employer helpline 0300 123 4699 or ring yourself pretending to be the new employer - no names are asked. Explain the situation and ask specifically by reference to para 13.10 of the sponsor guidance whether under the circumstances access to the "old" employer's sponsor licence would make it possible for a new CoS to be assigned to you.

The question can also be asked by email to: businesshelpdesk@homeoffice.gsi.gov.uk and this may produce a more definitive answer than the phone call.

https://www.gov.uk/government/uploads/s ... 1-2016.pdf
13.10
We can give you limited access to the old sponsor’s licence on the SMS, so that you can report migrant activity for those whose employment has transferred to you

Presumably the new employer will apply for a sponsor licence within the 20 days, if it hasn't done so already

Thanks Manci

This is really helpful. I have seen you helped a lot of people like me and this is much appreciated!

I will get our HR to ring them but does it mean that it is impossible to hand in an application without a CoS number?

So Option 1 is out of question?

I did have read a few different posts stating they sent in the application without CoS and providing a cover letter stating the special circumstance asked them to hold. But they were all dated in 2012-2013. Nothing recently.

[CR001]

You can only apply online now. To do this, you require a CoS as the form will not let you continue if you do not put the information in.

[thomasyan]

You can only apply online now. To do this, you require a CoS as the form will not let you continue if you do not put the information in.

Thanks CR001

So this means option 1 is out of question.

Do you think I have to leave UK and apply for the new Visa outside the country when the "New" license is approved? Or i could have other options?

[CR001]

If you leave the UK, you will be subject to the 12 month cooling off period before you can apply for Tier 2 again.

[thomasyan]

If you leave the UK, you will be subject to the 12 month cooling off period before you can apply for Tier 2 again.

Oh god...

Is there anything our company can do to keep me???...

Begging for solutions now...

[thomasyan]

Ask the "new" employer to ring the employer helpline 0300 123 4699 or ring yourself pretending to be the new employer - no names are asked. Explain the situation and ask specifically by reference to para 13.10 of the sponsor guidance whether under the circumstances access to the "old" employer's sponsor licence would make it possible for a new CoS to be assigned to you.

The question can also be asked by email to: businesshelpdesk@homeoffice.gsi.gov.uk and this may produce a more definitive answer than the phone call.

https://www.gov.uk/government/uploads/s ... 1-2016.pdf
13.10
We can give you limited access to the old sponsor’s licence on the SMS, so that you can report migrant activity for those whose employment has transferred to you

Presumably the new employer will apply for a sponsor licence within the 20 days, if it hasn't done so already

Hi Manci

Just rang them and basically there wasn't any advice...

They told us to report the take-over on SMS system and mention this special situation to the case worker and they will advise...

Have you done any similar cases before in your experience?

[manci]

You haven't stated if the takeover has been reported yet (has it?) and whether the new company has already applied for a sponsor licence (have they?).

Two suggestions:

1.
Ask a Level 1 user of the old company to log into the SMS and see if the system allows him or her to assign a CoS to you, assuming of course that an allocation is available.
2
If this is no longer possible the new company should ask for urgent treatment of their sponsor licence application on grounds of your situation.

[thomasyan]

You haven't stated if the takeover has been reported yet (has it?) and whether the new company has already applied for a sponsor licence (have they?).

Two suggestions:

1.
Ask a Level 1 user of the old company to log into the SMS and see if the system allows him or her to assign a CoS to you, assuming of course that an allocation is available.
2
If this is no longer possible the new company should ask for urgent treatment of their sponsor licence application on grounds of your situation.

Hi Manci

1. The takeover hasn't been reported yet on the SMS as far as I am aware.
2. The new company hasn't applied for a new license yet (take-over only happened a week ago)

There is no more allocation available at the moment but we can apply for one and get it within 5 working days by paying extra fee.

Is it legal that I am still using the old company's SMS after the take over to apply for my Visa extension?

Also wouldn't UKVI be notified once the new company apply for a new license?

[thomasyan]

Morning All

Any other help...please...

[manci]

There is no more allocation available at the moment but we can apply for one and get it within 5 working days by paying extra fee.

It is strange that the company hasn't already obtained an allocation in anticipation of you needing to apply for an extension in 3 weeks time at the latest. Details of the 5 day priority service are here:
https://www.gov.uk/government/publicati ... ce-service

1. The takeover hasn't been reported yet on the SMS as far as I am aware.
2. The new company hasn't applied for a new license yet (take-over only happened a week ago)

Is it legal that I am still using the old company's SMS after the take over to apply for my Visa extension?

Only Level 1 users can use the SMS. Are you a Level 1 user?

If 1. and 2. are correct then the SMS is still available for use for all functions.

With regard to legality this depends on whether the takeover has been "signed and sealed" yet in the legal sense. This may not have happened yet. The Authorising Officer and Level 1 user, who are the persons responsible for the operation of the SMS to the Home Office, should consult with the company lawyer. It is not possible to comment on this without knowing the details.

Alternatively, the advice you obtained from the UKVI employer helpline should be followed without further delay:
"report the take-over on SMS system and mention this special situation to the case worker and they will advise"

[thomasyan]

There is no more allocation available at the moment but we can apply for one and get it within 5 working days by paying extra fee.

It is strange that the company hasn't already obtained an allocation in anticipation of you needing to apply for an extension in 3 weeks time at the latest. Details of the 5 day priority service are here:
https://www.gov.uk/government/publicati ... ce-service

1. The takeover hasn't been reported yet on the SMS as far as I am aware.
2. The new company hasn't applied for a new license yet (take-over only happened a week ago)

Is it legal that I am still using the old company's SMS after the take over to apply for my Visa extension?

Only Level 1 users can use the SMS. Are you a Level 1 user?

If 1. and 2. are correct then the SMS is still available for use for all functions.

With regard to legality this depends on whether the takeover has been "signed and sealed" yet in the legal sense. This may not have happened yet. The Authorising Officer and Level 1 user, who are the persons responsible for the operation of the SMS to the Home Office, should consult with the company lawyer. It is not possible to comment on this without knowing the details.

Alternatively, the advice you obtained from the UKVI employer helpline should be followed without further delay:
"report the take-over on SMS system and mention this special situation to the case worker and they will advise"

Hi Manci

I am not but my HR manager is and we deal with it together.

The deal is already signed and sealed and I believe we are new company now.
Rang them again and they are saying we can still use the old license for now to extend my Visa while reporting the change. And then explaining to the case worker we are still using the old license because my Visa will expire soon.

Now changes has been reported, increase of CoS allocation applied. We are hoping to get a priority service on that. Hopefully we can get the CoS in 5 working days so I still have time to extend my Visa.

I will keep updating the post, thanks everyone