Tier 2 ICT to Tier2 G under TUPE

[durga]

Hi,

I am in a tricky situation and need advice. I am currently working in company A on
tier 2 ICT visa from Novemember 2010. My first visa granted as established staff for 3 years (until November 2013), later got extended for 2 more years ( until November 2015). And again for 5 more years, the current visa will expire on October 2020.

Now company A is selling to Company B under TUPE arrangements, company B is based on USA and does
not have sponsorship licence. The sale process started recently and will take atleast 3 months.

Am i eligible for changing from Tier 2 ICT to Tier 2 genearal without leaving UK?
Does the new company need to apply for Tier2 G sponsorship license and went through RLMT?

Thanks.

[CR001]

Does the new company need to apply for Tier2 G sponsorship license and went through RLMT?

Yes a licence is likely needed otherwise they cannot sponsor you.

switching-from-tier-2-ict-to-tier-2-g (click)

[durga]

Thanks for the information.

Recently i got the timelines for the transfer, now the company B agreed for the sale. Assumption is, the deal will be completed by end of Q1 2018. What are the steps my existing company A and new company B need to take to make my transition to company B will be smooth.

As i am part of the company A (with Tier 2 ICT visa) and transferred to company B as part of TUPE, does the company B need to go through RLMT to sponsor me?

When does the company B need to start RLMT? How long it will take for the process? As my existing company does not have experience on these, i am trying to gather some information.

[durga]

I was going through some of the old posts, they mentioned that new company B need to apply for Tier2-ICT sponsor license, is that correct?

[durga]

I really appreciate if any one can answer my questions please.

[CR001]

The new company needs a licence to sponsor you. See page 61 in the Sponsorship guide below.

https://www.gov.uk/government/uploads/s ... 5-2017.pdf

[durga]

Thanks CR001, i went through the document. what i don't understand is, my new company need to get the Tier 2 ICT license or Tier 2 general license?

[CR001]

Tier 2 general license?

[durga]

Once again thanks for the prompt response. I am bit confused now, could you please clarify me below points

1) Do I need to apply for Tier 2 general visa ? Because according to section 13.4 and 13.5 in page 61 of sponsorship guide you have mentioned, i don't need to apply for new visa as my existing Tier 2 ICT is valid up to Oct 2020.

2) If the new company is applying for Tier 2 General visa, do they need to go through the RLMT test before recruiting me as part of TUPE? What will be my employment status during the transfer period?

I am not very clear on the steps to follow by the new company. I want to convey these things to my current company as precautionary measure.

[durga]

Could someone please answer if they are already in similar situation before?

[durga]

Any reply would be much appreciated, please.

[durga]

Any replies for the above questions please.

[Sheikhali]

I didn’t know much about tier 2 ICT to G, but if it was merger or takeover then your new company/employer needs to apply for sponsorship and if you are TUPEd then your company/employer has to submit change of circumstances forum with all details of merger or takeover and your TUPE details.

You dont need to apply for new visa and RMLT only change of circumstances forum is required.

[durga]

Thanks Sheikhali.

I understood the scenarios from Tier 2 G to Tier 2 G TUPE, unfortunately i don't get any response for my current situation.

[durga]

Today I have got confirmation from my HR, my company A will be TUPE to another company B effective from 1st June. My HR does not have knowledge about the visa process, i need to give him details.

As i mentioned before i have Tier2 ICT long term visa valid up to 26/10/2020 . I have following questions

1) Does the company B need to go through RLMT even though i am TUPE to the company B?

2) After the acquisition is completed, Do i need to apply for Tier 2 General visa? or my visa automatically convert from Tier 2 ICT to Tier 2 General?

3) Do i need to change my dependants ( wife and kid) visa as well?

I went through the document mentioned by CR001 , but i don't get the answers for my scenario.
I am desperately need the answers as i am running out of time.

[durga]

Hi CR001 , could you please give me your opinion on this?

[durga]

Could some of the experts can answer my queries?

[rsfreitas]

Hi Durga,

Sorry to see you didn't get a reply.
I'm about to have a similar situation. My Visa is Tier 2 ICT (same period as yours, before April 2011) and I've renewed the same way as you. Valid until March 2021.

Now my company announced a merger (not sure what will happen in terms of sponsorship... if they'll keep 2 legal entities, if my company legal entity will prevail or if the other one will)

So I'm curious to know the answer to your questions, in case you have them?
- Will the new entity have to transfer my Visa? Is it possible to move to Tier 2 General and leave our complicated ICT visa behind? Is this an opportunity?
- Any risks you'd say I should be aware of? Under TUPE can our ICT visa remain valid in a new company/entity?

Thanks!
Rafael