What happens to Work Permit Holders when a company is taken over?

Just as the title says.  Do the holders have to contact the H/O?  Any other particulars that one should be aware of?

This is a very interesting question, and I'm looking forward to hearing the answer! Sorry I couldn't be of any help.

Take overs, mergers, bankruptcy, it all happens more than you think.

It depends upon the way the take-over was structured as to whether or not your sponsor still exists and whose payroll you are carried on.  But in the most common scenario, when your sponsor is swallowed into a new entity, or otherwise ceases to exist, you're stuffed.  The new entity has to sponsor you.  If they don't report it, then they AND you are stuffed.

If it's the same job (etc), they can avoid having to start at square 1 and start at square 2 instead.  But that's all you get...

Oh dear.     Person I'm thinking of has just has this happen to them and they are 9 bloody months from being eligible for ILR.

That sucks.

Oh dear.     Person I'm thinking of has just has this happen to them and they are 9 bloody months from being eligible for ILR.

Not to worry, Cait.  There is a very effective strategy for situations like these which works most of the time.  It's called the MBTSU strategy.  MBTSU stands for "major big time sucking up". 

Quite effective.

Hmmmm.

I rather disagree.

if all that has happened is that there is a straight change of ownership, and all other conditions of employment remain the same, then I don't see that a new permit is necessary at all.  The new employer should write to the Home Office, enclosing evidence of the change, and if a new permit is necessary then the Home Office will tell them.

Vicky

My concern is that the industry in which this lady works has published guidance in conjunction with the HO saying that community carers are not required from outside of the EU as there are plenty of people to fill the jobs (can't remember where I read it, but I know I did).  Therefore they were saying that any work permits applied for from outside of the EU for this role would be rejected.  IF for some reason it's more than a straight change of hands, then I think she'll probably be in deep do-do.

I feel for her because she's worked bloody hard in an undervalued and underpaid job for nearly five years and the company's lost the contract that sustains them.  A new company is taking on the employees, but we are unsure whether they are taking on the company (straight change of hands).

It makes me sick because I know what she's lost in Zim. 

Ah.  Yes, agreed.  Extensions for all but the most senior carers are being refused now.

If she or her employers want any further advice, please do point them my way, I'd be happy to help.  Anyone who has made the move from Zim needs all the help there is.

Vicky

Certainly will do, Vix.  At this point the current owner hasn't even bothered to inform the employees that he's lost his contract.  They had to find out from their clients as Social Services wrote to clients to tell them of the change in care.  Flippin' heartless sod.

If it is the case that the former employer had a contract with (for example) the local council to run a care home, but he has lost his contract to another company and they will now be running it, then I suspect they will need to do a little more than I hoped.  In fact, that might make it a whole new employer rather than just a change of ownership of the employing company, which might mean a new permit application.

Vicky

Certainly will do, Vix.  At this point the current owner hasn't even bothered to inform the employees that he's lost his contract.  They had to find out from their clients as Social Services wrote to clients to tell them of the change in care.  Flippin' heartless sod.

While Vicky & I disagree (which is fine by the way), note that a new app needs to be done under the new PBS regime, and there's no grandfathering provisions in that scheme.  And that's what the BIA is going to say. 

Good point.  So, basically, she has a better chance if she applies before the new scheme rolls out in March.

Vicky

I emphatically agree.  But in these situations, the employer is holding the cards.

Just a quick update on this one ...

Done and dusted.  WP changed over to new company.  Bunch of faff, including confirmation from local council that old company lost the contract and that new company won it.

I'm so pleased and relieved for her!