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Change of Employer and TUPE?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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skop12345
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Posts: 1
Joined: Thu Jun 11, 2020 5:54 am
Canada

Change of Employer and TUPE?

Post by skop12345 » Thu Jun 11, 2020 6:10 am

Hello,

I have a fairly complicated situation and am hoping to get some advice.

I am currently here on a tier 2 general visa working for a company that is about to be bought by a different company. As part of the purchase, all of the staff fall under the TUPE regime.

However, the new company who is purchasing the existing company does not have their COS yet. They have applied for it but only sent the application on 26th May.

The lawyers have advised that the license from old company is not transferable to new company.

Where does that leave me?

My thoughts are the following;
Old company has 20 days to inform home office of the takover. Then from there, I await my letter of curtailment. Once the letter is recieved, I have 60 days to get myself another job or out of the country. So if new company, which bought the old company, can get their COS sorted within that time frame, would the TUPE still apply to me?

If the TUPE still applied to me, I wouldn't have to make another application for a tier 2 visa.

What is holding me back is understanding that weird limbo time of the 80 days (20 - 60) in which I am not an employee of either company technically. So curious to understand if TUPE would apply to my circumstance as a migrant worker.

Any advice is greatly welcomed...

Thanks

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