WEB 3116 Mergers and Acquisitions

Level: Intermediate - Advanced

Course Type: Overview

Description:

We will explore issues that arise when companies with complex structures apply for Skilled Worker and Intra-Company routes sponsor licences.

The high level of recent merger, acquisition and restructuring activity in the UK means practitioners are frequently being asked to advise on the immigration and right to work aspects of corporate transactions. Where one or more of the entities involved has a sponsor licence, this will often consist of reviewing the current sponsor licence arrangements, advising on the appropriate arrangement post-transaction and then taking the necessary steps to ensure that the appropriate entity is able to continue to employ its sponsored workers. This may involve either making a notification to the Home Office or submitting an application for a new licence. If the transaction involves staff transferring between entities, this can also involve right to work issues.

Practitioners are also frequently required to have an understanding of the types of structures that international companies employ and advise on whether these structures mean that these businesses can transfer their overseas employees to the UK under the Intra-Company routes (including Global Business Mobility – Senior or Specialist Worker and Graduate Trainee).

The course will explore issues that arise when companies with complex structures apply for Skilled Worker and Intra-Company routes sponsor licences. It will consider the steps that need to be taken when a company that holds a Skilled Worker sponsor licence is involved in a corporate transaction. Finally, it will look at the right to work issues that arise from corporate transactions.

Topics:

• Initial sponsor licence applications, with a focus on Skilled Worker and Intra-Company routes licences;

• Adding new UK and overseas group entities to a sponsor licence;

• Qualifying types of corporate group structures for the Intra-Company routes;

• Recognising and dealing with common change of ownership scenarios;

• Worked examples of the steps that practitioners should take when notifying the Home Office when a sponsor licence holder is involved in a corporate transaction; and

• Right to work and due diligence issues which arise as a result of corporate transactions.

By the end of this course you will gain an understanding of the requirements relating to qualifying linked entities for the purposes of senior specialist worker licences, be able to identify relevant changes to corporate structures as well as understand the appropriate action to be taken in respect of such changes.

Audience:

This session is aimed at practitioners who have existing knowledge of sponsor licence applications and are looking to broaden their understanding of corporate structures and the steps that need to be taken from an immigration standpoint before, during and after the completion of a corporate transaction.

Tutors: Ilda de Sousa, Partner and Vandana Ruda, Associate at Kingsley Napley.

Ilda de Sousa is a partner in the immigration team at Kingsley Napley. She is a South African qualified attorney and a British qualified solicitor who joined the firm in January 2010.

Ilda has over ten years of UK corporate immigration law experience, managing large company clients as well as handling complex matters for individuals, British nationality applications, appeals, judicial reviews and applications under European Law including Brexit related advice.

Ilda also has extensive knowledge and experience in all aspects of the Points Based System, including assisting employers with their Skilled Worker or Temporary Work sponsor registrations and advising on immigration compliance issues. Equally, she has extensive experience in advising investors, entrepreneurs and high-net worth individuals.

Prior to joining Kingsley Napley LLP, Ilda was the UK Country Manager for Emigra Europe Limited, a specialist global immigration consultancy firm, with service centres on three continents, providing global immigration services for over 100 different countries. Ilda was responsible for the overall management of the UK office, including advising large multinational clients in respect of their UK Immigration related matters.

She also worked as an Associate at ASG Immigration where she advised on all aspects of business and personal immigration, with an emphasis on multinational employees, skilled migrants and applications under European law.

Ilda has spoken on matters of immigration law for several distinguished organisations throughout her career. She has also written several articles on a variety of subjects relating to UK Immigration law.

She is recommended as a Thought Leader in the 2023 International Who's Who of Business Immigration Lawyers, Chambers and Partners, and is ranked as a Leading Individual in Legal 500 UK 2023. She has also been recognised in the Citywealth Leaders List 2023..

Vandana Ruda is an Associate in the immigration team at Kinglsey Napley.

Prior to joining Kingsley Napley, Vandana worked at several central London law firms, specialising in UK immigration and nationality law. She completed her undergraduate degree in Law before graduating with a distinction in her Legal Practice Course and Master’s Degree in Law Business and Management. She later went on to complete her Training contract at city law firm, Charles Russell Speechlys LLP.

Vandana has more than 6 years’ experience advising both corporate and private clients on all stages of the immigration process across a wide range of business and personal immigration matters. She primarily works in the immigration department’s corporate client team advising a range of clients from small start-up companies to large international corporates.

Vandana regularly advises clients on matters relating to:

Sponsor licence applications;

Sponsor compliance and the prevention of illegal working including changes in company structure and reporting requirements;

Skilled Worker, Global-business mobility and Expansion Worker applications;

Global talent applications;

UK visitor visas;

Settlement and British Citizenship; and

Family visas