Plan the immigration work before your business changes hands
Buying, selling, merging or restructuring a business can affect its sponsor licence and the people employed under it. These questions need to be considered alongside the transaction, while there is time to understand the position and prepare the necessary action.
Knightsbridge Immigration advises businesses on the sponsorship implications of ownership and organisational changes.
We help you identify the relevant licence requirements, reporting obligations and questions affecting sponsored employees, so the immigration work can be included in the transaction timetable.
Establish what is changing
The immigration consequences depend on the structure of the transaction and the organisations involved.
A share sale, an asset purchase, a merger and a transfer of employees can raise different questions. We begin by establishing what is proposed, which legal entities hold sponsor licences and where sponsored workers will be employed after the change.
The aim is to understand the actual arrangements before deciding which notifications, applications or further advice are needed.
Check the position of the sponsor licence
A sponsor licence is not transferable.
A change in direct ownership can affect the existing licence and create a requirement for the new owner to obtain a licence, unless an appropriate licence is already held. Other changes may involve different reporting or sponsorship arrangements.
Keeping the same company name or continuing the same business activities does not, by itself, establish that the existing sponsorship arrangements can continue unchanged.
We assess the relevant structure and explain the implications for the organisations involved.
Identify the sponsored employees affected
The licence position needs to be considered alongside the workers whose employment may continue or transfer.
We review the relevant information about their sponsorship, employment, roles and immigration permission. Where a transfer is involved, we examine the sponsorship implications of the proposed arrangements.
This helps identify which workers need particular attention and what information the business must obtain.
Questions about employment rights and the application of TUPE should be considered with the appropriate employment advisers as part of the wider transaction.
Include immigration in your transaction preparation
Within the agreed scope, our work can include:
- Reviewing the sponsor-licence and sponsored-worker information relevant to the transaction.
- Identifying information gaps and immigration matters requiring resolution.
- Assessing reporting obligations and whether a new licence application is needed.
- Setting out the immigration steps, responsibilities and relevant deadlines.
Our advice can inform discussions with your corporate and employment advisers. The service focuses on immigration and sponsorship matters rather than the wider legal documentation for the acquisition.
Prepare for action around completion
Certain ownership and organisational changes must be reported within short Home Office deadlines. Where an application is required, its timing must also be considered.
We explain the steps relevant to your circumstances and who needs to carry them out. This allows the business to organise the necessary information and responsibilities around completion.
If a new sponsor licence or further application work is needed, we agree that scope separately. Our Business Sponsor Licence service explains the preparation involved.
If the transaction has already completed, tell us the completion date when you enquire.
Understand the scope and fees
The work depends on the transaction structure, the organisations involved and the number of sponsored employees affected.
Before paid work begins, we explain the information needed, the proposed support and our professional fees. Any separate application work or government charges are identified.
Discuss the proposed transaction
Our Free Case Review is an initial discussion of the business change, sponsorship arrangements and timetable. We identify the matters requiring closer assessment and explain whether we can assist.
Tell us whether you are buying, selling or restructuring, which organisations hold licences and your intended completion date.
Prefer to begin in writing? Send an enquiry by email with a brief outline of the transaction.
