Company Acquisition and Transfers

[kitkatkitty]

Hi guys,

I'm hoping to get some help with this situation. I was offered a job, however my prospective employer was acquired/merged with another company in September. They put in the application to change/update/move the sponsorship licence at the end of September. The company hasn't heard back from the home office yet and I am starting to worry, as my current visa (tier 4) expires January 7.

I have read on here different advice, I was wondering if anyone could help out with. How soon can I get my employer to phone/email the home office and ask their application be moved to urgent/priority? It's currently been about 8 weeks we've been waiting.

If, for whatever reason, they cannot get their sponsor licence in time, I've also heard people suggest to make the Tier 2 visa application without the CoS, and to just apply with a letter explaining the situation. They then suggest to just delay signing up for the biometrics as long as possible. Does anyone have any experience with this as well?

I appreciate any and all help - this is a really difficult situation I'm stuck in! Thank you!

[kitkatkitty]

Anyone have any advice?

[kitkatkitty]

Hi All, my tier 4 visa is expiring in January. I have an offer of employment and sponsorship from a company who was acquired, so their new sponsorship license application went out at the end of September. I am worried they won't receive their license in time for me to have a CoS by my visa expiration date.

I was previously told to apply by paper and then delay my biometrics if they don't have the license in time - since the processes are changing it looks like I won't be able to send my application by mail. Would I still be able to delay my biometrics appointment under the new system? Please advise!!!

[CR001]

Under the new system you submit your biometrics at the appointment.

You also need a CoS to complete the online form as far as I am aware.

[kitkatkitty]

Thank you - that is unfortunate to hear in terms of delaying my application. Is it possible for the employer to phone/email with my current visa to show it is expiring, in order for the HO to deem their application a priority?

HR said the process could take "up to 3 months" which is cutting it very close - IF it does get processed under that timeline. I am very worried there will be delays, etc that will push it back.

[kitkatkitty]

Hello, I was just wondering if there was any way to extend my Tier 4 visa for say, 1 or 2 months. I finished my course in September, and the graduation ceremony was mid November.

I have had an offer of employment since July, however, the company was acquired in September, and as such the conjoined company are going through the sponsorship licensing process (before acquisition they had a license on their own). They started this process the beginning of September.

My Tier 4 visa expires the beginning of January - 4 months from when I finished the course in September. I am extremely worried that the employer will not receive the sponsorship license in time to issue me a CoS by the time my visa expires.

Is there any way that the Home Office would allow me a slight extension on my current visa to allow time for my employers sponsorship license to come through? Maybe extend it to 4 months past my November graduation? It doesn't seem fair that I only have 4 months past finishing school to secure a sponsored job when it can take a company longer than 4 months to secure a license.

Has anyone been in a similar circumstance, and what are my options? Should I seek out an immigration lawyer?

I hope this is the right place to ask - please let me know if I should post in the Tier 2 section as well. Thank you!

[sah10406]

Is there any way that the Home Office would allow me a slight extension on my current visa to allow time for my employers sponsorship license to come through? Maybe extend it to 4 months past my November graduation?

No. Your Tier 4 sponsor would not issue a CAS if your studies are complete.

If you don't get a CoS for a Tier 2 leave to remain application by the time your visa expires, you will need to leave the UK. If after that the employer is happy to issue a CoS for a Tier 2 entry clearance application, you can apply in your home country. Such a CoS would be subject to additional requirements from the employer, including a resident labour market test, so you will need to discuss that with the employer if it looks like you need to apply in your home country.

[kitkatkitty]

Thanks for your reply. It's possible they would offer the tier 2 even if I apply from my country. They had the posting up for quite awhile (although they may need to repost at this point, not sure what the time limits for RLMT are).

I will discuss the options with the company, and will likely seek legal advice as well.

[kitkatkitty]

The company I am supposed to work for, A, was acquired by another company B, but will still be running "separately" from B. B is currently in the process of adding A onto their sponsor licence. However, my current study visa is coming to an end soon - possibly before HO approves the sponsor licence changes. Is it possible to first apply for my visa under Company B, then once A is added to their licence, transfer over? Assuming they are willing to do that, of course.

Thanks!