ILR after TUPE Transfer

[chanpat]

Hello All,

I'm currently stuck in limbo and looking for some advice from this forum. I have finished my 5years on skilled worker visa in November this year. However, just before finishing my 5years, my business unit is merged with another company under TUPE transfer. The transfer process was completed in late October.

I've now started my ILR application and need to provide sponsorship license details of the employer. My question is can I use old employer license number or the new one? New company also has Skilled worker visa sponsorship license but my visa is not yet transferred to new company. I checked with HR/legal team for clarification, they are still discussing whether to transfer all employees on visa to new company or to transfer the ownership of existing license to new company and not sure of timeline on completing this process.

Can I use my existing license number (old company before TUPE) with a cover letter saying that the company is merged with new one and provide the employment references from the new company? Will this be an issue?

Note that my previous company (Before transfer) will continue to operate in the UK as only a part of business is merged under TUPE.

Thanks in advance

[zimba]

The new company becomes the sponsor and they will need to meet the duties. You can't use anything from the old company as they are no longer your sponsor.

The UKVI guide tells the sponsors what they exactly need to do via the SMS within 20 days: https://www.gov.uk/government/publicati ... accessible

[chanpat]

Hello Zimba,

Thanks for the response. I’m afraid that both companies involved in TUPE may have missed the 20days timeframe to update home office. Will this have an impact on employee status in the UK?

Is there a way to know to which company my visa is tagged to? Does home office disclose this information if i contact them?

I tried to get the support from company’s solicitors and they have responded that the process is still ongoing. I don’t know when this will be completed.

[zimba]

This is a sponsor compliance issue, not your issue. Let them sort it out with the UKVI

[chanpat]

Hello, thanks for your response.

I know this is a sponsor compliance issue and I have been following up with my HR and solicitors team. However, they are not able to provide a definite timeline when they are going to complete the transfer process. I cannot wait until they finalize the transfer due to personal reasons.

I have now new offer from other employer. However, the question is, If I move to a new employer now, can they sponsor my ILR instead of Skilled worker visa as I have finished my 5 years? or should I first change my employment to new employer under skilled worker visa and then apply for ILR?

Thanks

[zimba]

You need a new visa and at least one payslip to get ILR via the new sponsor