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Help Urgently needed on TUPE

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

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Jai0001
Newly Registered
Posts: 1
Joined: Mon Jan 11, 2021 10:00 pm
India

Help Urgently needed on TUPE

Post by Jai0001 » Mon Jan 11, 2021 10:05 pm

I am sponsored by Company A ( tier 2 work visa intracompany transfer) and I have a valid Visa till 2022 Jan. However, now company A is planning to transfer all employees to Company B by TUPE. Still, the legal discussion is pending. Since company B already has a sponsorship status. I have checked that from the below government site: https://assets.publishing.service.gov.u ... onsors.pdf

Query: Can I eligible to get a skilled worker visa so that I can apply for ILR 5 years later (previously known as a general visa) through my new employer?

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Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Help Urgently needed on TUPE

Post by Frontier Mole » Tue Jan 12, 2021 11:31 pm

Under TUPE your existing visa status will transfer to your new employer/sponsor. In effect it is an UKVI internal administrative function where your record is moved from one Sponsor to another. In that respect you can not use the change to move to a skilled worker visa, you will remain on ICT.

Given the changes in the PBS system you can readily switch in country to the skilled work visa either with your new employer or another sponsor. I am sure your new employer would be happy to consider sponsoring you under skilled worker for a whole variety of reasons, worth talking to your new HR team once you transfer over.

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