Please see relevant Practice Notes: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability (on pre-revenue businesses) and Applying for a Workers and Temporary Workers sponsor licence: procedure (on licence re-application). Cooling off period and who it applies to When an application for a sponsor licence is made and refused, the Home Office will, in most circumstances, invoke a cooling off period, usually of six months but up to five years in some circumstances. The Home Office will not always invoke the cooling off period, if for example the applicant submitted documents late or if the application was submitted by a representative. See Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure/cooling-off periods. The cooling off period applies to the applying organisation, plus

The Practice Note: Partners of work, investment and study migrants considers relevant issues relating to dependants where the main applicant switches into another route (at the heading ‘What happens if the main applicant switches into another route’). However, the scenario is different for any child where the dependent partner switches to being the main applicant, and the main applicant switches to being their dependent partner. Firstly, the position on whether this would constitute a change of circumstances such as may be ground for cancellation of leave and a duty to report (putting aside the mentioned concession) is not clear and we cannot find any relevant guidance. On the one hand, it might be arguable

Any purported variation of a contract of employment that is, or will be, transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 4(1) is void 'if the sole or principal reason for the variation is the transfer'. However, a variation of the contract of employment of a transferring employee will not be prevented, ie the variation will not be void: • if the terms of that contract of employment permit the employer to make such a variation, or • if the sole or principal reason for the variation is an economic, technical or organisational reason (ETO reason) entailing changes in the workforce and the employer and the employee agree that variation See Practice Note: TUPE—variation of contract terms. If, at

The requirements for Indefinite Leave to Remain as a Tier 1 (Entrepreneur) migrant are within Immigration Rules, Part 6A: 245DF. The applicant is required to score a minimum of 75 points under Table 6 of Immifration Rules, Appendix A—15 points can only be scored if the applicant has spent ‘a continuous period of five years lawfully in the UK with leave as a Tier 1 (Entrepreneur) Migrant’ (or a continuous period of three years if qualified for accelerated settlement). Immigration Rules, Part 6A also provides the definition of a 'continuous period' – in general, an applicant will have continuous residence in the UK if he has not been absent from the UK for more than 180 days during any 12-month period. When

Basic requirements for a Tier 1 (Investor) Migrant to qualify for leave to remain can be found at the Immigration Rules, Part 6A, paras 245ED and 245EE. Accompanying Home Office Guidance explains the four requirements that must be met for an investor whose initial leave was granted before 6 November 2014: ‘[68] In order to extend your leave you must show that you have: • (1) £1 million in the UK • (2) invested at least £750,000 in qualifying investments • (3) invested the balance of your £1 million in specified ways, and • (4) invested the total amount as specified within three months of your specified date and maintained it since

Tier 2 (General) switch to Tier 2 (General) dependant visa following curtailment of leave If a Tier 2 (General) migrant has had their leave curtailed with reference to Immigration Rules, Part 9, para 323 or 323A, they are able to switch to dependant leave, so long as the requirements of Immigration Rules, Part 8, para 319C are met. In line with Immigration Rules, Part 8, para 319C(c), the Tier 2 (General) migrant

As with many queries relating to Points-Based System issues, there are different variables to consider when assessing whether an individual could extend status under Tier 2 (Intra-Company Transfer (ICT)). A primary consideration in this Q&A is that the individual is Tier 2 (ICT) as opposed to Tier 2 (General). The ICT route is a temporary route only, offering no settlement opportunities for migrants who entered the UK under the Immigration Rules post-dating changes made in 2010. Options for extension are also limited in further reflection of the restricted nature of the route. The Immigration Rules, Part 6A, para 245GD stipulates that to be eligible for an extension of any kind, the migrant must be present in the UK under either the Long-term Staff or the Graduate Trainee Tier 2 (ICT) sub-categories. They must also have last held

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 from their new sponsor. The exception is if they are moving to a new sponsor with Transfer

Practice Note: Sponsor duties under Tiers 2 and 5 and adapting human resources systems confirms under the heading Monitoring and reporting migrant activity that a report must be made using the SMS within ten working days where a sponsor has any information which suggests a sponsored migrant is breaching

Under the current Immigration Rules (Immigration Rules, Appendix ECAA: Extension Of Stay) and the relevant guidance (Turkish ECAA guidance: Appendix ECAA extension of stay), Turkish Worker visa holders who have been legally employed in the UK for four years or more can, at that stage, work in any occupation for any employer. This Appendix entered into force at 11pm GMT on 31 December 2020, in order to cover individuals who previously had rights under Decision 1/80 of the Association Council relating to the ECAA Association Agreement (signed on 12 September 1963 at Ankara, which was supplemented on 23 November 1970 by the Brussels Protocol). See: Turkey-EEC Association Agreement: Macdonald’s Immigration Law and Practice [6.193]. Immigration Rules Appendix ECAA:

Subject to certain conditions, employers are required under sections 259–261 of the Pensions Act 2004 and under the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (the Pension Consultation Regulations), SI 2006/349 to consult with members or their representatives before making certain ‘listed changes’ that affect occupational or personal pension schemes. This is discussed in Practice Note: Pension consultation requirements. No ‘listed change’ can be made to the scheme until this consultation has been carried out. Under

The PSC regime applies to UK incorporated companies limited by shares or guarantee (including community interest companies), LLPs, unlimited companies and SEs. The two main categories of entity that should be recorded on a PSC register are registrable persons (ie individuals) with 'significant control', and any other registrable 'relevant legal entities' (RLEs) that have significant control and are 'subject to their own disclosure requirements'. Entities which are not RLEs cannot be registrable and include entities which are neither a company, LLP or SE, or a non-UK company that does not meet the requirements of the legislation. Alternatively, a non-registrable RLE is an entity which does not hold any interest in the investigating company except through one or more other legal entities over each of which it has significant control and the legal entity through which the