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Owner owns 2 companies. Can I move to second company?

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kumar114
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Company gone into administration

Post by kumar114 » Tue Dec 26, 2017 6:38 pm

Hi,
My current company (A) has gone into administration. But CEO owns other company(B) as well. My current VISA is under company A and the sponsor licence is due to be renewed in 2 months time.

Company B does not have a sponsor licence. What is the process if I want to move to company B?

Can anyone help please?

kind regards
kumar

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CR001
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Re: Company gone into administration

Post by CR001 » Wed Dec 27, 2017 9:18 pm

https://www.gov.uk/apply-sponsor-licence

RLMT required before you can be issued a CoS to apply for a new tier 2 visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kumar114
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Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 12:21 pm

Hi,
Let me come straight to the point.
Basically the owner owns 2 companies (say 'A' and 'B')
But company 'A' has gone into administration. Sponsor licence is under company 'A'
My questions are:-
1. Can I move to company 'B'? All the duties & responsibilities are same.
2. Does company 'B' needs to get sponsor licence first?
3. Any other things that I need to be aware of?

Is it a difficult process?

Kind Regards
Kumar

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makky86
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Re: Owner owns 2 companies. Can I move to second company?

Post by makky86 » Tue Jan 02, 2018 12:25 pm

1. Can I move to company 'B'? All the duties & responsibilities are same.
No. Company needs to have its own license. You'd need to apply Tier 2 again with company having proper RLMT and other required things
II Youths a stuff neve endures II

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CR001
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Re: Owner owns 2 companies. Can I move to second company?

Post by CR001 » Tue Jan 02, 2018 12:26 pm

Topics Merged.

Kindly refrain from starting new topics with the same question.

Multiple Topics/Posts (click)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kumar114
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Joined: Sat Sep 26, 2015 11:54 am
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Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 12:50 pm

makky86 wrote:
Tue Jan 02, 2018 12:25 pm
1. Can I move to company 'B'? All the duties & responsibilities are same.
No. Company needs to have its own license. You'd need to apply Tier 2 again with company having proper RLMT and other required things
@makky86 Thanks!
Can I do this then.
The process will be take more than 2 months right.
And Company 'A' licence is due to be renewed in 1 month time. Should I ask them to renew licence first so that I do not lose the current sponsor and then move to company 'B' with the process?

kind regards
kumar

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Re: Owner owns 2 companies. Can I move to second company?

Post by Wanderer » Tue Jan 02, 2018 3:57 pm

How will you show you've not been preselected, as you quite plainly have?

RMLT is the stumbling block
An chéad stad eile Stáisiún Uí Chonghaile....

kumar114
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Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 4:06 pm

Wanderer wrote:
Tue Jan 02, 2018 3:57 pm
How will you show you've not been preselected, as you quite plainly have?

RMLT is the stumbling block
@wanderer thanks for the reply.
But lets just forget about the process. I want to know if it can be done which i mentioned just above?

Kind regards
Kumar

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makky86
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Re: Owner owns 2 companies. Can I move to second company?

Post by makky86 » Tue Jan 02, 2018 4:25 pm

Can I do this then.
The process will be take more than 2 months right.
It can take way more than mere 2 months. If there is even slight doubt it can take upto 6 months to get license
And Company 'A' licence is due to be renewed in 1 month time. Should I ask them to renew licence first so that I do not lose the current sponsor and then move to company 'B' with the process?
If company has gone into administration how will they renew the ilcsense? Company won't exist right !!!
II Youths a stuff neve endures II

kumar114
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Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 5:13 pm

makky86 wrote:
Tue Jan 02, 2018 4:25 pm
Can I do this then.
The process will be take more than 2 months right.
It can take way more than mere 2 months. If there is even slight doubt it can take upto 6 months to get license
And Company 'A' licence is due to be renewed in 1 month time. Should I ask them to renew licence first so that I do not lose the current sponsor and then move to company 'B' with the process?
If company has gone into administration how will they renew the ilcsense? Company won't exist right !!!
@makky86
So company going into administration means the company no longer exists? Does that mean I am illegal now? I have dependant with me too...

Kind regards
Kumar

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makky86
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Re: Owner owns 2 companies. Can I move to second company?

Post by makky86 » Tue Jan 02, 2018 5:26 pm

@makky86
So company going into administration means the company no longer exists? Does that mean I am illegal now? I have dependant with me too...
Once the sponsor license is expired and if they going into administration i don't think so they'll be able to renew the license. If the licese is not renewed then you'd need find a new sponsor. You'll not illegal.

https://www.gov.uk/employee-lose-sponsor-licence

When does your current visa expires?
II Youths a stuff neve endures II

kumar114
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Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 5:31 pm

makky86 wrote:
Tue Jan 02, 2018 5:26 pm
@makky86
So company going into administration means the company no longer exists? Does that mean I am illegal now? I have dependant with me too...
Once the sponsor license is expired and if they going into administration i don't think so they'll be able to renew the license. If the licese is not renewed then you'd need find a new sponsor. You'll not illegal.

https://www.gov.uk/employee-lose-sponsor-licence

When does your current visa expires?
@makky86
Sponsor licence expires in May 2018
My Tier 2 VISA expires in June 2019

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makky86
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Re: Owner owns 2 companies. Can I move to second company?

Post by makky86 » Tue Jan 02, 2018 5:33 pm

Sponsor licence expires in May 2018
That's fine for now. Do you have informatino about the company when its going into administration?

My Tier 2 VISA expires in June 2019
I suggest you start looking for another job unless you owner get license for the other company.
II Youths a stuff neve endures II

kumar114
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Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 5:42 pm

makky86 wrote:
Tue Jan 02, 2018 5:33 pm
Sponsor licence expires in May 2018
That's fine for now. Do you have informatino about the company when its going into administration?

My Tier 2 VISA expires in June 2019
I suggest you start looking for another job unless you owner get license for the other company.
@makky
Not sure exact date. But it went into administration in December 2017.
I will ask them to get the licence. But should they do RLMT first and then apply for licence?

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makky86
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Re: Owner owns 2 companies. Can I move to second company?

Post by makky86 » Tue Jan 02, 2018 5:49 pm

I will ask them to get the licence. But should they do RLMT first and then apply for licence?
They can apply for license then after 1-2 months do the RLMT as far as I know the RLMT is valid for 6 months.
By the time you get license RLMT would still be vlaid.
II Youths a stuff neve endures II

kumar114
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Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 5:59 pm

makky86 wrote:
Tue Jan 02, 2018 5:49 pm
I will ask them to get the licence. But should they do RLMT first and then apply for licence?
They can apply for license then after 1-2 months do the RLMT as far as I know the RLMT is valid for 6 months.
By the time you get license RLMT would still be vlaid.
thanks again @makky86
and will I get the curtailment letter?

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makky86
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Re: Owner owns 2 companies. Can I move to second company?

Post by makky86 » Tue Jan 02, 2018 6:29 pm

]
and will I get the curtailment letter?
When your employer notify home office that they are not sponsoring you anymore then you'd recieve the curtailment letter. It can take upto 6 months to receive that.
II Youths a stuff neve endures II

kumar114
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United Kingdom

Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 7:28 pm

makky86 wrote:
Tue Jan 02, 2018 6:29 pm
]
and will I get the curtailment letter?
When your employer notify home office that they are not sponsoring you anymore then you'd recieve the curtailment letter. It can take upto 6 months to receive that.
@makky86
a bit confused now.
You said if company goes into administration, then the company does not exists and licence cannot be renewed which makes be jobless.
It should have already triggered home office. :?

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Re: Owner owns 2 companies. Can I move to second company?

Post by makky86 » Tue Jan 02, 2018 7:31 pm


You said if company goes into administration, then the company does not exists and licence cannot be renewed which makes be jobless.
Sorry my statement was not meant lhat. What I meant that if company goes into administration their licensens may not be extended !!!! It does not mean company will not exist immediately ! It might be taken over by someone else

sorry for confusion
II Youths a stuff neve endures II

kumar114
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United Kingdom

Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 7:53 pm

makky86 wrote:
Tue Jan 02, 2018 7:31 pm

You said if company goes into administration, then the company does not exists and licence cannot be renewed which makes be jobless.
Sorry my statement was not meant lhat. What I meant that if company goes into administration their licensens may not be extended !!!! It does not mean company will not exist immediately ! It might be taken over by someone else

sorry for confusion
@makky86 Thank you...Its clear now...

kind regards
kumar

kumar114
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Posts: 281
Joined: Sat Sep 26, 2015 11:54 am
United Kingdom

Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Tue Jan 02, 2018 10:43 pm

kumar114 wrote:
Tue Jan 02, 2018 7:53 pm
makky86 wrote:
Tue Jan 02, 2018 7:31 pm

You said if company goes into administration, then the company does not exists and licence cannot be renewed which makes be jobless.
Sorry my statement was not meant lhat. What I meant that if company goes into administration their licensens may not be extended !!!! It does not mean company will not exist immediately ! It might be taken over by someone else

sorry for confusion
@makky86 Thank you...Its clear now...

kind regards
kumar
Hi makky86 again,
Forgot to ask one thing. I have a wife as my dependant. Does she also again have to apply for tier 2 dependant visa?

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CR001
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Re: Owner owns 2 companies. Can I move to second company?

Post by CR001 » Wed Jan 03, 2018 8:44 am

kumar114 wrote:
Tue Jan 02, 2018 10:43 pm
kumar114 wrote:
Tue Jan 02, 2018 7:53 pm
makky86 wrote:
Tue Jan 02, 2018 7:31 pm

You said if company goes into administration, then the company does not exists and licence cannot be renewed which makes be jobless.
Sorry my statement was not meant lhat. What I meant that if company goes into administration their licensens may not be extended !!!! It does not mean company will not exist immediately ! It might be taken over by someone else

sorry for confusion
@makky86 Thank you...Its clear now...

kind regards
kumar
Hi makky86 again,
Forgot to ask one thing. I have a wife as my dependant. Does she also again have to apply for tier 2 dependant visa?
No, as long as her visa still has a reasonable validity.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kumar114
Member of Standing
Posts: 281
Joined: Sat Sep 26, 2015 11:54 am
United Kingdom

Re: Owner owns 2 companies. Can I move to second company?

Post by kumar114 » Wed Jan 03, 2018 9:23 am

CR001 wrote:
Wed Jan 03, 2018 8:44 am
kumar114 wrote:
Tue Jan 02, 2018 10:43 pm
kumar114 wrote:
Tue Jan 02, 2018 7:53 pm
makky86 wrote:
Tue Jan 02, 2018 7:31 pm


Sorry my statement was not meant lhat. What I meant that if company goes into administration their licensens may not be extended !!!! It does not mean company will not exist immediately ! It might be taken over by someone else

sorry for confusion
@makky86 Thank you...Its clear now...

kind regards
kumar
Hi makky86 again,
Forgot to ask one thing. I have a wife as my dependant. Does she also again have to apply for tier 2 dependant visa?
No, as long as her visa still has a reasonable validity.
Thank you CR001.

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