• I hope you can help - my business is going to get into receivership - I have 20 staff members on our licence - what can i do to protect them and what do I need to report/change?

  • Immigration Adviser

    Dear @scotdanp1,

    Please accept my apologies for the delay in responding to your query.

    Firstly, you must tell the receiver that you are a licensed sponsor, and then also inform the Home Office. The receiver must then be appointed as your Authorising Officer through the SMS. Please see page 59 of the Sponsor Licence guidance for more detailed information on this.

    Should your company then be taken over or merged, you must report this also. The new company may need to apply for a fresh Sponsor Licence and Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) arrangements. TUPE may apply if you lose sponsored migrants who have been transferred under this protection. You can find more information about TUPE and similar protection on the GOV.UK website.

    Whether or not your staff members can continue to work in the UK will depend on whether your business closes down completely - they may have options to transfer to another sponsor. The staff will be given a grace period so do not need to panic. Please do let them know that they should contact us individually for assistance, or else we can arrange for consultancy to the company if you would prefer.

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