The UK Border Agency (UKBA) has updated its guidance to clarify who is responsible for notifying UKBA when there has been a TUPE transfer that affects migrants sponsored under the new points–based system. Essentially, where both parties are licensed sponsors, the transferor must advise UKBA as to who now has responsibility for the migrant workers and the transferee must advise UKBA of the workers for whom it is now responsible. If only one party is licensed, it has the responsibility of informing UKBA of the transfer and, if necessary, the new employer must apply for a sponsor licence. All notices must be given within 28 days of the date of the TUPE transfer.
Employers should also remember that the transferee has 28 days from the transfer to check documents relating to transferring employees to ensure that they have not become an employer of illegal workers.