If you are concerned about your employer’s future existence in these difficult economic times and its impact on your employment, we ask that you do the following:
Read Sponsor Takeovers on the UK Border Agency 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) including details of any migrants who will be transferring to the new organisation. You must make the report within 28 days of the change taking place
- use the migrant reporting facility on the SMS to report any migrants who are not transferring to the new sponsor - these migrants' permission to stay and work in the UK will be curtailed; and
- confirm if you need to surrender your sponsor licence. This can be done via your SMS account or using the change of circumstances form.
The new organisation:
- must apply for a sponsor licence, if it does not already have one, within 28 days of the change - if its application is unsuccessful, all migrants who were due to transfer will have their permission to stay and work in the UK curtailed
- can use the SMS to apply for an increase in its current allocation of certificates of sponsorship, if it already has a sponsor licence and the change means that it may need to recruit more migrants in the future; or
- report the change via SMS, including full details of any migrants you have accepted full sponsorship responsibility for. The change must be reported within 28 days of the change taking place.
Read Takeovers and Mergers on the UK Border Agency website.
If part of an existing sponsor organisation is being taken over by another organisation or splitting away to form a new organisation and at least some migrant workers will be transferred to the new organisation, please read Partial Takeovers and Demergers on the UK Border Agency website.
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 UKBA’s Points Based System (PBS) before they can employ skilled workers under Tier 2 and Tier 5 of the PBS
- your prospective employers must apply to UKBA in order to issue a virtual certificate of sponsorship to each non-EEA worker who they want to sponsor
- 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. Applications can also be made at UKBA Public Enquiry Offices (PEO).
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.
Finally, don’t panic! Please call RCN IAS for further advice and assistance. We are OISC accredited and are happy to provide ongoing guidance and assistance tailored to your situation. Please look at the RCN IAS webpage for further details.
This information is correct as of February 2014.