Q. I’m currently on a Tier 2 sponsored work permit, which was issued to me in February 2007. My employer is a registered sponsor. Will I be covered under the Transfer of Undertakings (Protection of Employment), known as Tupe, regulations when a new owner takes over the company prior to me qualifying for Indefinite Leave to Remain?
How will this affect me and what needs to be done for my transfer to take place? Do I have to do anything specific?
A. You will be covered by Tupe, but you will still need to notify the UK Border Agency of your change in circumstances. It’s important that you are still in the same job with the same duties and responsibilities.
Your new employer would need to obtain a Tier 2 sponsorship licence and make an application to sponsor you. Your company won’t need to advertise the position but will need to generate a sponsorship certificate before making an application to the UK Border Agency. It is important they make this application as it will affect your permanent residency application in 2012.