Q&As

If a Tier 2 sponsor is selling their business to another company, what would happen to the sponsored workers?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 21/08/2019

The following Immigration Q&A produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • If a Tier 2 sponsor is selling their business to another company, what would happen to the sponsored workers?
  • Obligations of the sponsored worker
  • Obligations of the new Sponsor

If a Tier 2 sponsor is selling their business to another company, what would happen to the sponsored workers?

For the sake of clarity, this response deals with when a business is selling 100% of their business; it is being completely taken over or merged into another organisation, and all the previous business’ sponsored migrants are moving to the new organisation.

Obligations of the sponsored worker

Normally, sponsored workers must make a change of employment application if they wish to change employer. However, as per Paragraph 39.34 of Home Office Guidance: Tier 2 and 5 of the Points Based System Guidance for Sponsors, they are not required to make a change of employment application if their sponsor sells their business to another company:

‘If a migrant sponsored under Tier 2 or Tier 5 changes employer (where the conditions of leave allow this), they must make a new application supported by a CoS

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