Immigration M&A

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Immigration M&A

In nearly all corporate transactions, a licensed sponsor needs to take action to remain compliant with their sponsorship duties and avoid the risk of having the licence downgraded or even revoked. Failure to act can have a devastating impact on the business and their sponsored migrants whose leave to remain can be curtailed to 60 days. In addition to the compliance duties, the organisation must also consider its obligations under the prevention of illegal working regime.

Sponsor Licences are not transferable between organisations. It is therefore important to consider the impact on sponsor licences and migrant workers during corporate transactions. What happens to the business, the sponsor licence and sponsored workers depends on whether:

  • There is a change in direct ownership
  • You sell all or part of, or the controlling number of shares in your organisation
  • You are wholly or partially taken over by another organisation
  • You are restructuring to form new organisations

As part of a sponsor’s compliance duties, the sponsor must notify the Home Office of specified changes in circumstances, including when there has been a merger, takeover or change of ownership. These changes must be reported on the SMS within 20 working days of the change occurring. In some circumstances a new Sponsor Licence must be obtained.

How we can help

Our team will ensure that you maintain ongoing compliance with your sponsor duties and employing migrants generally. We have extensive experience and knowledge in this area and can assist you with ensuring you remain compliant with the Home Office requirements.

Read more about our expert legal insight here

Key contact

Usof Shah PNG
Usof Shah
Legal Director

What our clients say about us

Shennind was incredibly clear and thorough throughout; he took the time to properly understand how my app works before advising, which made a real difference given how specific and safeguarding-sensitive my situation was. The advice note he produced was detailed, practical, and gave me genuine confidence in the decisions I was making. I'd recommend him without hesitation.

Holly Banfield
Founder, Twinquility

We were pleased to trust Jamie, Will, and the wider Herrington Carmichael team with our group’s three combined loan facilities with a value of circa £7m. They delivered efficient, strategic advice under a compressed timeline, navigating complex transactional hurdles. Jamie and Will worked collaboratively with my fellow directors and I, as well as the broker, to negotiate key milestones. The security documents involved an intricate suite of facility documentation, which they handled with impressive turnaround times, ensuring clarity throughout the process.

At Arose Finance, we’re delighted to have worked with Herrington Carmichael to deliver a tailored development exit finance solution for this client. Like many SME property developers, the client required additional time to realise the value of completed units while refinancing expensive existing debt. With three borrowing entities and a complex security profile, the transaction required carefully structured property finance and close collaboration between broker, lender and solicitors.

Jamie and Will were exceptional throughout. They worked closely with us to navigate the complexities of the portfolio refinancing, bringing a pragmatic, commercial approach and a real commitment to meeting the required completion timeframe. Their responsiveness and attention to detail were instrumental in achieving a strong outcome for the client.

A fantastic result, and I look forward to working with Jamie, Will and the wider Herrington Carmichael team again soon.

Aadil and the team were excellent and very professional in their efforts to get the legalities to a swift conclusion which is much appreciated. We have used HC for drawing up wills etc and are very impressed with their high standards and professionalism, I highly recommend.

The Real Estate team at Herrington Carmichael were excellent in dealing with this transaction right from the initial negotiations. They delivered their expertise in a pragmatic and commercial way emphasising the importance of having a legal team with the relevant industry knowledge and experience in complex renewable energy and infrastructure agreements. They acted efficiently and responsively and maintained a professional approach throughout the transaction particularly when dealing with unexpected requirements and stringent timescales.

Liz Hailey has been my primary point of contact at Herrington Carmichael and has become a trusted adviser to me and my clients. Liz possesses unparalleled legal knowledge and offers a unique approach to issues, thinking outside the box to come up with solutions. The collaborative approach within the business ensures that we have access to a variety of different legal departments offering an end-to-end service. The communication has been a primary factor in my continuing use and recommendation of Liz and HC.

Rachel Duncan, Anna Svensson, Charlotte Keeper, and Jed Temple are working as a team with both extensive and developing skill sets to collectively deliver a valued leasehold acquisition and advisory service to our in-house team of property professionals. Trusted advice and guidance are always available and quick to respond.

A dedicated, commercially minded team at all levels, with direct communication to principals is a real benefit to us.

I deal with many law firms and in recent years I have noticed a 'shift' toward an 'over' emphasis on ensuring boxes are ticked rather than being solution-led. Jamie Lynch and his team struck the right balance and never forgot that the client actually wants the best outcome!

A strong real estate team with London experience in transactions while also located in the regions. Good communication and sufficient cover when anyone in the team is away from the business. Adapts to client requirements and maintains open communication throughout transactions.

Liz Hailey - huge depth of range, knowledge, and experience in the real estate sector. Liz has picked up our requirements very quickly and has accommodated these where needed. Liz explains things in a simple but knowledgeable manner, and we are confident she is acting in the best interests of her client at all times.

They are genuinely engaged and thoughtful people to work with through a variety of transactions. The key from my perspective is that all challenges are put into relevant context with thorough recommendations made.

Meet our experts

Dedicated professionals ready to assist you.

Yavan-Brar-PNG
Chief Executive Officer
Alex Canham PNG
Managing Partner, Head of Corporate
Mark Chapman PNG
General Counsel, Head of Commercial & Regulatory
Dean Snowley PNG
COO, Head of Consumer Services
Alistair McArthur PNG
Partner, Head of Employment
Charlotte Drury-Woods PNG
Partner, Head of Private Wealth & Inheritance
Stephen Baker PNG
Partner, Head of Dispute Resolution
Paul Wild PNG
Partner, Head of Family
Liz Hailey PNG
Partner, Head of Real Estate
Annari Holmes PNG
Partner, Head of New Build
Graeme Black PNG
Partner
Darren-Smith
Partner
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Partner
Sarah Speed PNG
Partner
Edward Jones PNG
Partner
Cesare McArdle PNG
Partner
Jamie-Lynch-PNG
Partner
Chris-Gemson-PNG
Partner
Tim-Hardesty-PNG
Partner
Rachel Duncan PNG
Partner
Matt Jenkin PNG
Partner
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Legal Director
Usof Shah PNG
Legal Director
Nicole Miller PNG
Legal Director
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Legal Director
Joel-Gocool-PNG
Legal Director
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Legal Director
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Legal Director
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Legal Director
Hannah King PNG
Legal Director
Mike Pollard PNG
Legal Director
Jed Temple PNG
Senior Solicitor
Ed Beedham PNG
Senior Solicitor
Sophie Protheroe PNG
Senior Solicitor
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Senior Solicitor
Aadil Khan PNG
Senior Solicitor
Sam Gray PNG
Senior Solicitor
Tom-Hyatt-PNG
Senior Solicitor
Anna Svensson PNG
Senior Solicitor
Rosanna Leist PNG
Senior Solicitor
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Senior Solicitor
Alex-Harper-PNG
Senior Solicitor
Sarah-Jervis-PNG
Solicitor
Lucinda-Cameron-PNG
Solicitor
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Solicitor
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Solicitor
Oliver Williams PNG
Solicitor
Charlotte Harris PNG
Solicitor
Thomas-Joucan-PNG
Solicitor
Harriet Page PNG
Solicitor
Alexandra Hawkes - no bump
Solicitor
Jessica-McDonald PNG
Solicitor
Maryam Nackvi PNG
Solicitor
Steph Collins PNG
Senior CILEX Lawyer
Bethany-Goodhew PNG
Solicitor
Rhian Hazeldene PNG
Solicitor
Cassie Blackledge PNG
Solicitor
Sam French PNG
Solicitor
Adrian Au PNG
Solicitor
Charlotte Keeper PNG
Solicitor
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Dylan Cutifani PNG
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Jo Boxhall PNG
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Amery Harilal PNG
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Harry Winkley PNG
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Maisie Williams PNG
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Sophie Darwish PNG
Solicitor
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Florrie-Aylward-PNG
Solicitor
Phoebe Tomkins PNG
Trainee Solicitor
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Trainee Solicitor
Lilli Colbourn PNG
Trainee Solicitor
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Trainee Solicitor
Anna Gregory PNG
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Leo-Yanchuk-PNG
Trainee Solicitor
William Chapman PNG
Trainee Solicitor
Theo-Olanrewaju-PNG
Trainee Solicitor
Kayleigh Hill PNG
Apprentice Solicitor
James Rhodes PNG
Trainee Solicitor
Holly Cullen PNG
Trainee Solicitor
Laura-Miller-PNG
Apprentice Solicitor
Isobel Little PNG
Trainee Solicitor
Kate Hooper PNG
Senior Apprentice Solicitor
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Trainee Solicitor
Estelle Dekker PNG
Trainee Solicitor
Ellie-Mae Rich PNG
Trainee Solicitor
Matthew Roberts PNG
Senior Apprentice Solicitor
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Trainee Solicitor
Krish Makwana PNG
Trainee Solicitor
Ellan Skeet PNG
Apprentice Solicitor
Charles Steward PNG
Trainee Solicitor

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

The new owners must apply for a new sponsor licence, as the existing licence cannot be transferred. Any existing sponsored migrants must be reported on the new licence once obtained.

Changes must be reported on the Sponsor Management System (SMS) within 20 working days of the change taking place. Failure to do this can result in the licence being downgraded or revoked.

If a new Sponsor Licence is required, this must be applied for within 20 working days of completion of the sale.

Failing to take steps to remain compliant can result in the Sponsor Licence being downgraded, or even revoked. It can also result in the Home Office curtailing the migrant workers leave to remain, meaning that they would either need to apply for an alternative visa, or leave the UK.