Do I need a new visa if my employer changes through TUPE?

Yes. Even though TUPE protects your employment rights and terms, immigration sponsorship does not transfer automatically. The new employer must hold a sponsor licence and apply for a new certificate of sponsorship for you. You then need to apply for a new Skilled Worker visa with the new sponsor.

What happens to my ILR qualifying period during a TUPE transfer?

Your ILR qualifying period should continue as long as there is no gap in your leave. If you apply for the new visa before your current one expires, section 3C leave covers the gap. The time with your previous employer counts toward the five-year qualifying period.

Does the new employer have to pay the immigration costs?

Under TUPE, the new employer inherits the existing employment terms and obligations. Whether immigration costs are covered depends on your employment contract. If your original contract included employer-paid visa costs, the new employer should honour this. Otherwise, it is a matter for negotiation.

What if the new employer does not have a sponsor licence?

If the new employer does not hold a sponsor licence, they must apply for one before they can sponsor you. This can take 8 weeks or more. During this time, your current visa remains valid, but there is a risk of a gap if the process is not managed carefully. The new employer should begin the licence application well before the transfer date.

TUPE Transfer and Skilled Worker Visa: What Happens

TUPE protects employment terms when a business transfers, but Skilled Worker visa sponsorship does not transfer automatically. The new employer must hold a sponsor licence, issue a new certificate of sponsorship, and the worker must apply for a new Skilled Worker visa. This guide covers the process, timing, and potential pitfalls.

What Is TUPE

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006. It applies when:

A business or part of a business is transferred to a new owner
A service provision changes (for example, outsourcing, insourcing, or a change of contractor)

Under TUPE, employees transfer to the new employer on their existing terms and conditions. However, immigration sponsorship is not an employment term — it is a separate relationship between the employer and the Home Office.

What Needs to Happen

When a Skilled Worker visa holder is affected by a TUPE transfer, the following steps are needed:

Check the new employer has a sponsor licence. If not, they need to apply for one well in advance. See our sponsor licence guide.
The new employer issues a certificate of sponsorship through the sponsorship management system.
The worker applies for a new Skilled Worker visa using the new CoS. This must be done before the current visa expires.
The old employer reports the departure through their SMS, noting the TUPE transfer.

The key is coordination. Both employers and the worker need to act in a timely manner to avoid a gap in sponsorship. Find official guidance on GOV.UK.

Timing and Section 3C Leave

If the worker applies for the new visa before their current one expires, section 3C leave kicks in. This means:

The worker's leave is extended on the same conditions
They can continue working for the new employer (as the TUPE transfer protects their employment)
There is no gap in their immigration status

If the application is not submitted before the current visa expires, the worker could become an overstayer, which creates serious immigration problems.

Salary and Going Rate

The new Skilled Worker visa application must meet the current salary threshold and going rate requirements. Even though TUPE protects existing salary terms, the Immigration Rules have their own requirements. If the worker's current salary is below the current threshold, this could be a problem.

In practice, most TUPE-transferred workers continue on the same salary, which should meet the going rate if it met the requirements when originally sponsored.

Employer Obligations

Old Employer

Report the worker's departure through SMS
Cooperate with the new employer on timing
Provide relevant records to the new employer

New Employer

Obtain or hold a sponsor licence
Assign a certificate of sponsorship
Meet all sponsor duties
Conduct a right to work check
Pay the immigration skills charge if applicable

Check the full set of obligations on GOV.UK.

If Things Go Wrong

The biggest risk is delay. If the new employer does not have a sponsor licence, the application process adds weeks. If the worker's visa is about to expire, there may not be enough time. In these situations:

Consider priority or super priority processing
The worker may need to continue working for the old employer temporarily until the transfer can be completed
In extreme cases, the worker may need to explore other visa options (such as the 60-day rule)

Next Steps

If a TUPE transfer is planned, start the immigration process early. The new employer should confirm their sponsor licence status (or begin applying for one) as soon as the transfer is announced. The worker should not wait until the last minute to apply for their new visa.

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