We were recently instructed by a company that previously held a skilled worker sponsor licence. The company underwent a change in majority shareholding and changed its name. However, the company did not report the change in shareholders or apply for a new sponsor licence within the required 20 working days.
Instead, they only reported the name change to the Home Office several months later. The change of name was rejected, as a new licence was required due to the change in controlling ownership. The company instructed us to apply for a new sponsorship to continue sponsoring the previously sponsored employee.
Our involvement (how we helped)
We advised the company that they must obtain a new Skilled Worker sponsor licence due to the change in majority ownership. We prepared and submitted a priority sponsor licence application for the new company, including representations requesting the Home Office exercise discretion regarding the late notification. Following this, we obtained the company’s documents to demonstrate continuity of operations, including share transfer documentation, proof of name change, and employee continuity.
For the employee, we understand that this type of company change falls under TUPE (Transfer of Undertakings – Protection of Employment), and the employee does not need to apply for a new work visa. We explained the TUPE in our representations, clarifying that the employee’s sponsorship should continue without the need for a new visa application.
After the new licence was successfully granted, we helped the company to submit a change of circumstances request to surrender their old licence, and formally accept sponsorship responsibility for the skilled worker.
Outcome
The new sponsorship licence was granted within 10 working days. The old sponsorship licence was made dormant, then the skilled worker was transferred to the new licence, without the need to apply for a new skilled worker visa.
Need help with a sponsor licence application? Contact Lisa’s Law today.
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