Tier 2 General TUPE Transfer challenge

[ksatya]

Hi , I am looking for some solution of one problem. Can you please help me if you can ? I came to UK with Tier 2 General Visa sponsored by NHS BARTS , recently we have been TUPED (Inter transfer within same trust) to NHS Business Service Authority. Two days back i received mail from Home office to exit the country by July 8 2023 , because my visa is not associated with any sponsor . My previous sponsor BARTS has informed HO about the cancellation of sponsorship. I have tried to reach my new HR team(NHS BSA) with this problem and they shared a new COS number only and a letter from home office sent to NHS BSA confirming that i have been TUPED from NHS BARTS to NHS BSA.
My question is how can i inform home office, about all these and update my new sponsor details in home office portal ? Can you please help me on this ?

I also need to apply new BRP ?
Do i need to create new application and pay again fees ?
Do i need to pay again IHS charges ?
Any link of home office where i can update my details ?

[razergd1]

It sounds that you need to.use your new COS to apply for a new visa.

If that's the case you probably not allowed to work for your new sponsor until your visa is transferred and not for your old as your visa had been curtailed.

If you are eligible you can apply for healthcare visa. I think it is cheaper and IHS exempt but if not eligible then yes you need a fresh skilled worker application with all fees and IHS.
Check the IHS refund policy. You may be able to claim back some of the IHS from the previous visa but I don't know.


Skilled worker update
https://www.gov.uk/skilled-worker-visa/ ... r-employer


Health and care update
https://www.gov.uk/health-care-worker-v ... r-employer

Check with your sponsor if you are eligible for health and care visa

[meself2]

https://assets.publishing.service.gov.u ... _v.1.0.pdf

C4.10. Workers who change employer under TUPE or similar protection do not
need to make a new application for permission, and the new sponsor does
not have to assign a new Certificate of Sponsorship (CoS) to the worker,
provided:
• the new sponsor has a valid sponsor licence in the relevant route and
has confirmed that it accepts responsibility for the worker, and
• the worker’s duties remain unchanged

You'd have to work with your sponsor to figure this out; technically they should be able to let you be as is if they confirm things on their end, but it's a complicated task for them.

[razergd1]

Just to add to my previous post that I'm not qualified immigration advisor. My previous post just reflect my opinion and is not an advice.

Also see @Meself2 post. I was not aware of what they wrote.

[Frontier Mole]

I think you are caught is a very awkward trap. When a merger, de-merger or take over takes place the Sponsor transferring the sponsored worker onwards should not withdraw sponsorship. If that has happened then in essence you have been in effect been terminated from your employment as your original employer has removed your right to work.

What should happen is that those sponsored workers being transferred / TUPE are identified and the Home Office informed of the transfer. The receiving employer must obviously hold a sponsor licence, once that is confirmed the Home Office “moves” the transferring migrants to the new employer. This is an internal process for the Home Office and does not impact on the migrant, your right to work is maintained, you do not need to apply for a new visa, there is no need for a new COS and of course there are no additional costs to pay.

Hence the way that you have been transferred has not been handled by your original employer appropriately

[Frontier Mole]

Just to add to my previous post that I'm not qualified immigration advisor. My previous post just reflect my opinion and is not an advice.

Also see @Meself2 post. I was not aware of what they wrote.

While everyone is entitled to an opinion and your thoughts and comments are welcome on the board. Please consider the impact of offering advice based on an opinion rather than a knowledge of immigration law and guidance.

[razergd1]

This is a general disclaimer. As immigration advice is regulated profession so I don't want my posts which are based on my personal knowledge and experience rather then on formal qualifications will be taken as immigration advice as they are NOT immigration advice and I'll not take any liability for action resulted from using my opinions.

Hence, it is in my general opinion that if someone is in doubt the they should go to a professional rather then based their actions on forum advice.

I could not edit my previous post hence the disclaimer was added as a separate post.

Given the latest comment, I'll add disclaimer to my signature.

[ksatya]

I think you are caught is a very awkward trap. When a merger, de-merger or take over takes place the Sponsor transferring the sponsored worker onwards should not withdraw sponsorship. If that has happened then in essence you have been in effect been terminated from your employment as your original employer has removed your right to work.

What should happen is that those sponsored workers being transferred / TUPE are identified and the Home Office informed of the transfer. The receiving employer must obviously hold a sponsor licence, once that is confirmed the Home Office “moves” the transferring migrants to the new employer. This is an internal process for the Home Office and does not impact on the migrant, your right to work is maintained, you do not need to apply for a new visa, there is no need for a new COS and of course there are no additional costs to pay.

Hence the way that you have been transferred has not been handled by your original employer appropriately

"Thanks for this response , it have given some insight"