If you are concerned about your employer’s future existence in these difficult economic times and its impact on your employment, we suggest that you do the following:
You will need to find a new PBS Licensed Sponsor immediately if your sponsor employer's PBS licence is withdrawn or they do not renew their licence, or following a takeover of your old employer's business, your new employer does not apply for a PBS Sponsor's licence within 28 days.
Further information can be found on the UK Visas and Immigration page regarding visa sponsor loss of licence on the Home Office website.
If an entire sponsor organisation is being taken over by another organisation, the existing sponsor must:
- report the change via the sponsorship management system (SMS). The employer must make the report within 28 days of the change taking place
- read the Tier 2 PBS Guidance for Sponsors concerning the reporting of these changes and act accordingly.
The new organisation:
- must apply for a sponsor licence, if it does not already have one, within 28 days of the change
- act on the Tier 2 PBS Guidance for Sponsors
I don’t know if I will have a secure job if my current employer is taken over. My future employment generally is uncertain. What should I do?
We advise that you start looking for new employment immediately for three reasons. Firstly, because your employment with your current employer is uncertain. Secondly, because it would be better to start looking for new employment sooner during this period of uncertainty rather than later. Thirdly, because in the future your potential eligibility for settlement may be affected if your employment with your employer is uncertain.
In finding a new employer the following three steps are of relevance:
- your prospective employer must have a Sponsor’s Licence under UKVI’s Points Based System (PBS) before they can employ skilled workers under Tiers 2 and Tier 5 of the PBS
- your prospective employers must apply to UKVI in order to assign a virtual certificate of sponsorship to each non-EEA worker who they want to sponsor. Further information can be found on the UK visa sponsorship for employers page on the UKVI website
- you can apply for relevant entry clearance (from outside the UK) or leave to remain (from within the UK) when you have been issued with a certificate of sponsorship reference number. RCN IAS can advise on applications in the UK and submit them to the Home Office by post.
What documents does my employer need to confirm that I can work lawfully?
Please see check an employee's right to work documents on the UKVI website.
Please note: If for any reason you cease the employment for which a certificate of sponsorship was issued to you, you no longer have a legal basis upon which you can remain in the UK. Your leave to remain will no longer be valid and you will have to apply for new leave to remain. Please contact RCN IAS immediately if this has happened or if you fear this may happen, or if you require further advice concerning this.
Students: if your education provider loses their sponsor licence
If your education provider loses their sponsor licence, you will need to find a new course with a different education provider. Your new education provider will need to sponsor you.
Please do contact us via RCN Direct on 0345 772 6100 and we can provide ongoing guidance and assistance tailored to your situation. Also look at the RCN IAS webpage for further details.
Please see the Tier 2 guidance on UKVI's website concerning conditions of your stay
This information is correct as of May 2015.