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Wp Ilr Application - Company Acquired *help!*


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#1 yquestion26

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Posted 24 April 2012 - 12:56 PM

Hi there,

As a long standing browser of this site I've received so much help reading other posters but I'm looking for urgent advice or opinion.

I went for premium same day service Set (O) application last Tuesday at Croydon and everything went perfectly apart from the fact that my company was purchased by an umbrella company. Limited company I was originally sponsored with was total share acquired and still operates today, just that I am deemed as an employee of the "group" and I get my payslips from the "Group" payroll system.

My role/responsibilities/duties are unchanged and salary only increased on average 2% per annum over the 5 years.

Before submitting the application my company sought legal advice through an immigration lawyer, I sought advice through my visa service co. who did my original visa and we contacted the UKBA enquiry line and all 3 said "You shouldn't need it, just a strong letter from your employer stating all of this and it shouldn't be a problem".

I've now submitted this additional document and waiting extremely anxiously as to whether the caseworker is going to approve (He asked me to send it to the Croydon PEO not Liverpool as many other people seem to be suggesting happens). Losing sleep, probably going to lose out on a holiday I've booked and paid for and extremely frustrated I can't just sit down and talk to someone in UKBA about this like human beings.

Caseworker looked me in the eye and promised that getting this document to them within 24 hours would mean that they could turn around my application within a couple of weeks (And put an urgent flag on my application due to committed travel plans) but I'm wondering if this was truthful.

Given I'm applying for ILR and will be "employer free" if this gets approved, is there any point asking my company to submit a TCE form now? Or should I just sweat out the response from UKBA? I've read from other posts that this is a really grey area of the rulings for deciding applications so looking for opinions.

Thankyou!



#2 ttpp

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Posted 08 May 2012 - 12:27 PM

Hi there,

As a long standing browser of this site I've received so much help reading other posters but I'm looking for urgent advice or opinion.

I went for premium same day service Set (O) application last Tuesday at Croydon and everything went perfectly apart from the fact that my company was purchased by an umbrella company. Limited company I was originally sponsored with was total share acquired and still operates today, just that I am deemed as an employee of the "group" and I get my payslips from the "Group" payroll system.

My role/responsibilities/duties are unchanged and salary only increased on average 2% per annum over the 5 years.

Before submitting the application my company sought legal advice through an immigration lawyer, I sought advice through my visa service co. who did my original visa and we contacted the UKBA enquiry line and all 3 said "You shouldn't need it, just a strong letter from your employer stating all of this and it shouldn't be a problem".

I've now submitted this additional document and waiting extremely anxiously as to whether the caseworker is going to approve (He asked me to send it to the Croydon PEO not Liverpool as many other people seem to be suggesting happens). Losing sleep, probably going to lose out on a holiday I've booked and paid for and extremely frustrated I can't just sit down and talk to someone in UKBA about this like human beings.

Caseworker looked me in the eye and promised that getting this document to them within 24 hours would mean that they could turn around my application within a couple of weeks (And put an urgent flag on my application due to committed travel plans) but I'm wondering if this was truthful.

Given I'm applying for ILR and will be "employer free" if this gets approved, is there any point asking my company to submit a TCE form now? Or should I just sweat out the response from UKBA? I've read from other posts that this is a really grey area of the rulings for deciding applications so looking for opinions.

Thankyou!


I am in pretty much similar situation. I got TUPED across to a local authority from a private company. I am on work permit (old style multiple entry style for 5yrs). Although the new company has to do it as per guidance notes, my old company agreed to file a Notification of technical change of employment form to Home office. I got approval letter (L738) from home office. Looking at this letter, it is a simple black and white letter with no sign on it. The importance of this letter is that it has got a reference number which can be inputted in the home office internal system to check the status of the applicant - which will be done at the time of ILR application.
For yourself, you can buy for £2.00 a letter from Companies House (search in google) stating who owns a subsidiary company which you can attach with your application along with a letter from your current employer.

Hope this helps.

My visa company has requested for premium application i.e. appointment. Hopefully I will get my appointment before 6th June 2012 as my visa finished on that day.

Thanks

#3 robertrozarioa

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Posted 05 December 2012 - 02:30 PM

Hi ttpp and yquestion26,

What happened to your applications.

I got TUPED in 2010 and my HR didnt get to send the technical change form unteil recently I asked about it. They have now submitted the form on Nov 15th and my application is on Dec 14th. Haven't got any reply yet from Home Office. SO I am wondering what has happened to your applications and is there any other document I have to take with me to prove this.

If from employer, what should be the content of the letter

Regards

Robert

#4 yquestion26

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Posted 10 December 2012 - 02:20 PM

Robert - Every case is different and from what I understand it kind of depends on who the caseworker is, how much experience they have (and authority)their mood and interpretation of documentation provided from what I can see.

You probably won't like to hear this but sadly my application was refused. The feedback I had was that despite having a very long letter from my company's chief financial officer (And appointed named Director of both my company and the parent company!), the UKBA were not satisfied that despite being a full share acquired business (And I simply transferred payroll from company a to company B) that my role and employment didn't change.

I had two independent immigration law firms look at the case at the time of the company acquisition, prior to the application being submitted and after the refusal, and one of my law firms even had an Immigration barrister (also independent of course) take a look at the case and contact the caseworker team to have a chat with them about the decision. All legal advice I had- indicated that the UKBA haven't made this type of ruling before and it seemed unfair, confusing and something in the decision appears to be missing the point.

So it does appear the UKBA are cracking down on cases like mine for whatever reason I'm not sure.

One thing my law firm did was also ask that the application was not considered and/or decided on BEFORE the TCE was approved (They stated this in the letter). Not sure if you want to do something like this and maybe worth seeking legal advice on this one but perhaps it would help.... as if there is an overlap in that they consider your application without the TCE in the system, they won't consider as part of the decision.

Good luck and let me know if your case is actually successful, that would be great case law to argue my case if you were to be successful!

Probably best drop me a private line if you'd like me to go into any more detail about my case.....

At the moment I'm still waiting for response on my second application (And another £1300+ down the toilet of course).

WHATEVER YOU DO THOUGH - Dont stress! It's very easy to, my british partner and I have had countless sleepless nights, medical visits for depression and anxiety with not knowing the fate of my livelyhood in this country (despite being a top rate tax payer, contributing to my local community, being in a severe skill shortage job etc), stress on relationships etc...... None of this stress is worth it and 99% of people seem to work out a solution some way or another.

#5 gattha

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Posted 12 January 2013 - 05:09 PM

Hi Robert,

I am in same situation like you and applying next week. Did you application go through sucessfully? Can you provide any updates please?

Thank you




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