Post
by Althalus » Thu May 22, 2014 4:42 pm
I am not a solicitor but I have gone thru something similar, so I'll give you a few tips:
- You can transfer under TUPE, along with the rest of your colleagues. The only difference is you being a T2G migrant, you need the new company to hold a T2 sponsor license to "accept" you.
- Your employers (HR, if they are the ones responsible for implementing the T2 sponsorship guidelines) should read the guide for employers. There's a whole section regarding TUPE and takeovers.
- You state the new company already has a license - that's good! If the new company does not hold a license it can be a bit of a pain cos they'd need to get one first, before being able to sponsor you.
- The old company has to report to UKBA you will transfer under TUPE and the new company has to do the same stating they will sponsor you. There is a time limit for this, so ask them to look it up.
- Most important of all, if HR is clueless, ask them to get advise from a competent immigration solicitor. Any problems during the transfer and the UKBA may curtail your visa. The UKBA helpline is far from good and gave my HR conflicting advise, so imho it's better for everyone involved to try a solicitor that's on your side. Any problems during the transfer and UKBA will curtail your visa, and let me tell you, it's a pain in the *** trying to get it reinstated afterwards: nobody on their side owns up and it's nigh impossible to contact them.
Hope everything turns out fine,
Regards.