How do I sponsor a migrant worker?
Sponsor takeovers
This section explains what you must do if you take over all or part of an existing sponsor organisation or if you are an existing sponsor and ownership of your organisation changes, for example if you are taken over in full or in part by another organisation or if a share sale results in the controlling share in your organisation being sold. This includes where all or part of a business that is in administration is sold. It also explains what happens when sponsored migrants move under these circumstances to a new employer, with TUPE (or similar) protection.
In very general terms, if you buy all or part of another business or sell all or part of your own business, and any sponsored migrants will be transferring to a new employer with TUPE (or similar) protection, you must tell us and give us details of the sale/purchase and details of any sponsored migrants who will be moving to a new organisation.
If any sponsored migrants are moving to a different, or newly incorporated organisation with TUPE (or similar) protection, that organisation must apply for a sponsor licence if they do not already have one. This includes situations where, for example, a large company owns an entity which is a 'service company' that acts as the employer for all of its employees, but decides to close that arrangement and devolve responsibility for its employees to its other entities.
Beyond this, it is difficult for us to give general advice about company re-structures or the sale of all or part of a business because in our experience every situation has its own unique characteristics. We will work with you to make sure the correct action is taken but this can only happen when you give us full details of what is happening.
Below are links to some general advice which is detailed further in the guidance for sponsors:
- an entire sponsor organisation is being taken over by another organisation; or
- part of an existing sponsor organisation is being taken over by another organisation or is splitting away to form a new organisation.
More information about the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is available on the UK government's Gov.uk website.
Additional notifying responsibilities
Tier 4 sponsors must also, where required, notify their inspection or accreditation body of any change in their ownership.
Terms explained
-
Licensed sponsor
An organisation that is licensed by us to sponsor migrants to come to the United Kingdom under the points-based system.