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Effect of TUPE on ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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alldayidream
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Joined: Fri Nov 25, 2011 4:04 pm
Location: United Kingdom
India

Effect of TUPE on ILR

Post by alldayidream » Sun Oct 09, 2016 3:47 pm

Hello

I am applying for ILR based on 5 years spent on my tier 2 visa and details of these are below:

1st Tier 2 Visa was with Company A - 3 years
2nd Tier 2 Visa is was also issued through a certificate of sponsorship that was issued by company A but company A was taken over by company B after 1 year of the visa. The Visa was not changed and it was transferred to company B as I was TUPE to the new company.

Am I right in assuming that the TUPE will have no effect on my application.

olgachilds
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Re: Effect of TUPE on ILR

Post by olgachilds » Sun Oct 09, 2016 4:44 pm

shouldn't, so long as the license exists and the assigned COS exists on their SMS system as active.
Technically one should have notified the HOme Office through their SMS about the takeover, which should have no effect if the business continues to operate in the same way essentially, and it is only the ownership that changes.
So I would locate a Level1 user of their SMS and attempt to ascertain if that was done, and if not, perhaps a belated notification can be made, but better do it before your ILR application if all your paperwork will now be in the new co name.

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