Sandeep Dattani’s in-depth immigration expertise enabled a company wishing to take on a migrant worker to do so under the TUPE regulations, retaining the worker’s existing visa and enabling her to look forward to being able to apply for indefinite leave to remain next year.
The employer approached our immigration lawyers for advice about applying for a sponsor licence to enable them to take over the worker’s employment – she was on a Tier 2 (General) visa, and the firm had been told that they would need to advertise the position first. If no suitable candidates came forward, they could offer the position to the member of staff. She would then have to apply for a new visa.
This approach would mean she lost the benefit of the four years she had already been in the UK on her visa when anticipating applying for indefinite leave to remain here.
It would also cost the company more time and money, and they wanted an effective alternative to support their commercial plans.
Sandeep’s approach meant that the transfer of the employee could be achieved much more quickly and simply, with no advertisement, no new visa and no loss of status for the employee.
He made sure that an application for a sponsor licence was prepared – this included details of the employee, and was granted by the Home Office, with later confirmation of the position on TUPE and the visa.
Both the employer and employee were extremely grateful for the immigration team’s innovative and efficient solution to their issue, which means that both can move forward with their plans.