How would a Merger affects your Sponsor Licence.
If your company is in the process of a merger or being taken over completely then you will need to consider the sponsor license that is attached to the business. Sponsor licenses are not transferable and it is likely that any structural change to your business will result in the revocation of your sponsor license. In this circumstance, it is best to involve the Home Office as early as possible via the Sponsorship management system.
As specified above any corporate restructuring due to selling, merging, being taken over or a company being split is likely to affect your current sponsor license. Though it seems unnecessary, the Home Office will want to know about all of these circumstances and it is likely that any significant change to the business will require a new license application.
Although it is one of the last things on many people's mind in the middle of such a major upheaval, it is desperately important that you remain compliant in order to avoid risking the immigration status of your staff. It is also something to bear in mind if your business is not currently a sponsor license holder and you are looking to take over or merge with a business that is. If you need any advice on the subject then please get in touch with our specialist immigration lawyers who can help advice you of your responsibilities under immigration law.
Another possibility is the triggering of TUPE and the potential for sponsored workers to move to a company that does not have a sponsor license. In this case, it is the responsibility of the company that the staff move to apply for a sponsor license within 20 days. Failure to apply these procedures may result in your sponsored staff losing their status and right to stay in the UK so it is imperative to ensure your compliance.
If you are on a sponsored visa
You should not need to reapply for your visa in the event of a takeover or merger, the only exception is if you change your job and are not under a TUPE. It is best to keep on top of the status of your business to ensure that they are compliant. If you are unsure then please get in touch and let us assess your case to see what you may or may not need.
How we can help
Our specialist immigration solicitors are well equipped to help those in the corporate world stay compliant with current immigration legislation. We can offer you advice and help in dealing with the immigration requirements of your business and with our years of experience are likely to have a solution that fits your business needs. So if you would like our help get in touch, our specialist immigration lawyers are ready and waiting to help you, so get in touch today and let us take the hassle out of your immigration needs.
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