What happens to UK sponsor licences during mergers and acquisitions 

July 24, 2024
Anivaldo Esquelino

Partner

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When a UK company goes through a merger or acquisition, it can significantly affect its sponsor licence and the status of its sponsored employees, so it’s important to understand the impact and what you need to do. 

Below are some of the key factors and actions to take: 

Notification and Reporting: 

It’s vital that companies inform the Home Office about any mergers or acquisitions within 20 working days via the Sponsor Management System (SMS). Failing to report these changes can lead to penalties or the loss of the sponsor licence. 

Licence Impact: 

Significant changes to a company’s structure may require applying for a new sponsor licence, as the original licence may not be transferable, especially if the original company is dissolved. If the existing sponsor licence is retained, you must ensure all sponsorship obligations are continued without interruption. 

Sponsored Employees: 

If you have any sponsored employees, you might need new Certificates of Sponsorship (CoS) if there are changes to the licence. It’s important that you ensure that their employment and immigration status remain secure throughout the transition. 

Due Diligence and Compliance: 

Conduct comprehensive due diligence to understand the immigration consequences of the merger or acquisition and make sure that all sponsored employees’ details are current and correctly entered in the SMS. 

Practical Steps for Compliance: 

It’s important to begin evaluating the impact on your sponsor licence as soon as merger or acquisition discussions commence. The review should include reviewing the current licence terms and identifying potential compliance issues. 

After you’ve completed your review, the next step is to create a transition plan for sponsored employees, including timelines for issuing new CoS if needed and meeting all legal requirements to maintain their immigration status. As part of this, ensure that all records are updated promptly to reflect the new company structure and any changes in employment terms. 

During this complicated process, you should keep all relevant parties, including employees and the Home Office, informed about the changes and the measures being taken to ensure compliance with sponsorship duties. This is to avoid any future issues with the Home Office and the status of people’s immigration process.  

Finally, it’s recommended that you take the time to regularly review and monitor compliance with sponsorship duties during and after the transition to prevent penalties and ensure continued eligibility to sponsor migrant workers. 

Conclusion 

By understanding these factors and taking proactive measures, companies can manage their sponsor licences effectively during mergers and acquisitions, ensuring compliance and minimizing disruption for their operations and employees. 

Seek legal counsel to navigate the complexities of mergers or acquisitions, ensuring compliance with UK immigration laws and facilitating a smooth transition for employees.