TUPE Transfers (Great Britain): Immigration Due Diligence, Right to Work Checks, Sponsor Licence Obligations and SMS Reporting

Published by a LexisNexis Employment expert

Checklists

This Checklist summarises the immigration issues to be considered on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, and sets out the steps required when participating in a transaction. It additionally highlights the relevant Practice Notes and the associated Precedent materials for reference. Immigration requirements during any transaction where TUPE 2006 does not apply fall outside the scope of this Checklist and are not addressed here. For a general outline of TUPE 2006’s effect and requirements, see: TUPE and asset purchases—overview.

Initial considerations and due diligence

In any scenario that may fall within TUPE 2006, robust, immigration‑specific due diligence is essential, particularly where a transferor employs sponsored migrants within its workforce. Immigration matters should be addressed at the earliest stage so the parties can plan for and comply with necessary deadlines, etc.
Initial enquiries about the immigration status of transferring employees should begin at the start of the transaction process, and care should be taken to verify fully the accuracy of the responses (including making further enquiries where answers are not clear)...

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Laura Darnley

Ward Hadaway

Laura is a Partner in Ward Hadaway's Employment and Immigration team. She has extensive experience in advising clients in relation to all of their "people" related needs . She specialises in advising on business immigration issues to help clients recruit and retain the best talent from across the worldLaura provides advice on all aspects of the UK’s immigration regime, including right to work compliance, sponsor licensing, Skilled Worker visas and Global Business Mobility visas. She also advises on the requirements for international business travellers inbound to the UK and globally mobile workforces so that clients can ensure they have access to key talent when and where they need it. She has a 100% success rate in relation to sponsor licence and visa applications. Her advice is commercial and pragmatic and ensures that her clients are able to achieve their strategic workforce...

Web page updated on 20/05/2026

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