Organisational Restructures and Your Sponsor Licence

IN THIS SECTION

This morning we held a webinar which covered the impact that mergers, acquisitions, demergers, and any other organisational restructures have on your Sponsor Licence and immigration compliance. This is a broad area in which we have specialised since the beginning of the Points Based System (PBS), which has attracted quite a bit of change since the inception of the PBS scheme.

It is impossible to go into a great deal of detail in a blog post due to the complex nature of the transactions that lead to these particular Sponsor Licence changes – for this, please contact us direct on 020 7494 0118 to get advice, support and assistance – however, we wanted to share with you a simple check list of ‘must dos‘ for when you are going through a restructure:

  • Consider the immigration issues at an early stage of M&A. We appreciate and are acutely aware that more often than not, HR are the last to be advised when such a change is being discussed or about to happen; however, we always encourage clients to come to us as early as possible. Pre-planning is extremely important, and in fact, key.
  • If you are required to apply for a new Sponsor Licence as a result of merger, take over or demerger, diarise the deadline for applying for a Sponsorship Licence with all supporting days within 20 days.
  • Ensure that all relevant notifications are made within 20 days, in relation to the transaction, for example, change to migrant circumstances.
  • Carry out the Right to Work checks within 60 days of a TUPE or similar agreement.
And naturally, as a final top tip, ensure to have the DavidsonMorris number on speed dial so we can take away from you and deal with all the hassle and headache.

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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