URGENT: Please advise!

[Simon.Po]

My company changed its name and ownership from 1st of January 2014 and we were transferred by TUPE. However everything in our company - directors, position, job, salaries, location, details, etc - everything remained exactly the same.

My employer did send a letter to UKBA to report this change and to change their organization name. They didn't get any response from UKBA yet.

In Policy Guidance it says in paragraphs 728 and 730 that if there is a change of ownership then the company needs to apply for a new license within 28 days.

My question is: does my company need to wait for UKBA's reply on change of name first and see if UKBA wants them to change the license, or they need to apply for license now without waiting for UKBA's response? The problem is that the 28 days already passed and company didn't apply for a license because it didn't receive any response from UKBA! Is it a problem? Please advise!!

Simon

[Simon.Po]

P.S. HR called to their helpdesk and they said that they don't think a new license is required and UKBA might review our change application for up to 6 months! But the thing is that the helpdesk was not confident enough so they might provide inaccurate information as they told us a month before to complete a paper form and when we send that paper form we got an answer from them saying that we need to update it via SMS not via paper form! That is why I am still nervous - UKBA will never admin their mistakes!

Does anybody know do we need to do anything for that license or just wait for UKBA's response? What if they say you had to apply for a license and you didn't so we are going to cancel everything?

Can anybody advice what to do please? Thanks!

[hammad2224]

Every company is issued with a unique identifier (sponcer qota)
i heard in one case the company changed the name so they informed UKBA about it and asked for register their new company name in register of sponcer.all the process was like registering for the first time.they removed the previous company name and added the new company name and rest of the details were same
this process took about 6 to 8 weeks

[Simon.Po]

Thanks mate! We've got a letter saying that we now have 28 days to apply for a new license. The HR applied for a new license today and waiting for their response.

Guys a really important question: I need to leave the UK after 2 days for 2 weeks! Please advise, is it safe for me to leave the UK? Or Border Agency might not allow me in once I come back to the UK saying that my company changed and new new company is waiting for license?

Please advise guys, it's really important! Thanks a lot!

[manci]

according to the rules if your company doesn't at present have a sponsor licence, and/or if your leave has been curtailed, you would not be allowed to return to the UK.

If you want to risk it hoping to rely on the BFO's discretion take all the relevant documentation with you

[Simon.Po]

Thanks manci!

It's a bit tricky as my visa is valid / has not been curtailed at all - I never received any letter from ukba saying that my visa is not valid. The ukba just told to our company that we need to apply for a new license within 28 days as my company changed its name and owners. They said that if we fail to apply for a license within 28 days then they will curtail my visa.

Does it still mean that there is still a risk for my at borders? I mean my visa is valid, the company is physically the same, do you really think they can say something? Just 2 days left for my trip! Don't know what to do.... Will highly appreciate it, thanks!

[manci]

the company is physically the same

the company is not the same, the old company had a sponsor licence (which may already have been withdrawn - check the T2 sponsor register) and the new company (under different ownership) doesn't. The BFO is unlikely to have access to the details of the company's dealings with UKBA which you described in your post. They may or may not let you in.

[Simon.Po]

Thanks again manci!

Yes it is a bit complicated. I can see in immigration rules that:

323A. In addition to the grounds specified in paragraph 323, the leave to enter or remain of a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 Migrant:

b) may be curtailed, or its duration varied, if:

(i) the migrant's Sponsor ceases to have a sponsor licence (for whatever reason); or

(ii) the migrant's Sponsor transfers the business for which the migrant works, or at which the migrant is studying, to another person; and

(1) that person does not have a sponsor licence; and

(2) fails to apply for a sponsor licence within 28 days of the date of the transfer of the business; or

(3) applies for a sponsor licence but is refused; or

(4) makes a successful application for a sponsor licence, but the Sponsor licence granted is not in a category that would allow the Sponsor to issue a Certificate of Sponsorship to the migrant;

So according to (ii) 1) and 2) my visa might be curtailed if my employer doesn't have a license AND fails to apply for a new one within 28 days, however my employer did apply within 28 days, so it is not very clear if this will apply to me as it clearly says AND not just OR.

There is another rule as well:

(a) is to be curtailed, or its duration varied, if:

(i) in the case of a Tier 2 Migrant or a Tier 5 Migrant:

(1) the migrant fails to commence working for the Sponsor, or

(2) the migrant ceases to be employed by the Sponsor.

But I don't think this applies to me as I did work for my sponsor and my employment was not ceased.

I just checked Tier 2 sponsors list and my company is there.

I also think that BO doesn't have access to that process. They should see that visa is valid and that the company is in Tier 2 sponsors list and it should be ok. But I just want to be on safe side and see if there is any rule that I can rely on that will protect my rights as I am not doing anything criminal and everything is very legal!

[manci]

They should see that .... the company is in Tier 2 sponsors list

is it?
http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors

[Simon.Po]

Yes, it is 100% - I checked just now with your link.

I believe this is because UKBA didn't suspend our license and my company didn't surrender the "old" license either.

From the policy guidance the UKBA will remove us only when we surrender the license:

696. If you no longer wish to sponsor migrants, and have no sponsored migrants currently
working for you, you may surrender your licence. If you wish to surrender your licence, you
must do this via your SMS account. When you submit the request to surrender your licence
we will tell you what documents you must send to us (where appropriate) and you will also
have to sign a short declaration. We will then remove your entry from the public register of
licensed sponsors. (Please see paragraphs 708-709 which explain what to do if you do not
have a level 1 user and cannot surrender your licence using your SMS account.)

In their letter to us they said that our company needs to surrender the license within 28 days:

"We must now advise that the new owners have 28 days from the date of this letter to apply for a new license (unless they already have one) if they wish to continue employing any migrants that you were sponsoring before the change of ownership"

"If you are currently sponsoring any migrant employees we will require you to submit a request via your SMS account to surrender this license into a dormant state. We will then be in a position to transfer any sponsored migrants to either the new license or the new owner's current license if they hold one. Please note that failure to take the required action within 28 days will result in this case being passed to our Compliance Team which may result the downgrade, suspension or revocation of this license and potential curtailment of sponsored migrants leave"

We agreed with HR that we will get the license first (within allowed 28 days) and then surrender this one (again within 28 days), otherwise, according to UKBA, they can deport me:

"When you make request to surrender the license, you must provide evidence that you no longer have
responsibility for any migrants whom you may have previously sponsored. If you do have any
such migrants, we will immediately revoke your licence and remove the migrants’ permission
to stay in the UK and may remove the migrants from the country."

So we want to get the new license first and then surrender the old one.

My understanding is that the company will remain in the Tier 2 sponsors list as long as we not surrender our license or 28 days pass (whichever is sooner).

This all a bit confusing and still doesn't answer my question: will HO allow me in to the UK once I come back from the trip or they will say that I am working for "new" company that doesn't have a license?

I suspect that they will never see that information as I have a valid visa and the company in question is in Tier 2 sponsors list, but want your opinion as well guys, really important!

Also, another question: I am correct saying that my visa still fully valid according to the letter they sent?

"Please note that failure to take the required action within 28 days will result in this case being passed to our Compliance Team which may result the downgrade, suspension or revocation of this license and potential curtailment of sponsored migrants leave"

So according to this it is still valid and will be curtailed only if we didn't apply for a license and surrender the current license within 28 days. Am I correct?

P.S Hate immigration and HO!!!

[Simon.Po]

Just to update: my HR contacted the HO and they said that I can travel without a problem, as it will take a few weeks until we get a license and surrender our current one.

I am a bit not sure in this but this will give me enough power to point this letter to BO at borders and say that I was advised this by them.

[Simon.Po]

Another update - I came back to the UK yesterday from EU trip without any problems. Officers didn't ask anything, didn't even ask generic questions! So nice to be in the UK again! Thanks all!