Can a Skilled Worker Visa Holder Move Jobs?
Some employers and those in the UK on Skilled Worker Visas are not sure about the immigration rules and changing jobs on the Skilled Worker Visa.
In this blog, our Immigration Solicitors look at what you need to do if you are an employee on a Skilled Worker Visa and you want to change employers.
UK Online and London-Based Immigration Solicitors, Sponsorship Licence and Employment Lawyers
For UK employment and immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Changing jobs on a Skilled Worker Visa
Whilst you may feel loyalty to the sponsoring employer who first offered to sponsor you to work in the UK there may be many reasons why you are tempted to change employer. Maybe your job is at risk of redundancy, the work location is not convenient to home or maybe you want a promotion or better pay and conditions.
Whatever the reasons for your job search, you can move employer on a Skilled Worker Visa but Sponsorship Licence lawyers warn that you and your new sponsoring employer must follow the immigration rules otherwise your good immigration record may be spoilt and your new sponsoring employer could put their sponsor licence at risk.
Applying to the Home Office
If you are in the UK on a Skilled Worker Visa and want to change your employer then you need to ask the Home Office to update your Work Visa.
The rules are quite strict as an employer needs to report a change even if you decide to stay with the same employer as they offer you a promotion to a job with a new standard occupational classification code or if you stay with the same employer but you are no longer employed to do a job on the shortage occupation list (now called the immigration salary list).
There is no need to tell the Home Office if you have had a pay rise but you are staying with the same employer and still doing the same job.
With any new employer, the main point is that they must have a sponsor licence and be willing to sponsor you by allocating you a certificate of sponsorship that you can use when applying to the Home Office. The employer will also need to:
- Pay you the minimum salary threshold and employ you to do a job that you have the skills for and is a job that is suitable for sponsored employment with a standard occupational classification code
- Carry out a right-to-work check before you start your new employment – even though the employer knows you have a right to work in the UK because of their sponsorship of you. The carrying out of a right-to-work check is a legal requirement for an employer. The employer will need to repeat the check if your employment continues beyond your initial visa because you apply to extend your Skilled Worker Visa
- Comply with their sponsor licence duties. For example, notify the Home Office if you change address or if your employment is terminated
Practical points when changing sponsoring employer
Here are some practical considerations when changing employers on a Skilled Worker Visa:
- Make sure you understand how the new minimum salary threshold applies to you and your sponsored employment
- You can apply to the Home Office to update your visa up to 3 months before your new job starts
- You need to pay an application fee to the Home Office to update your Skilled Worker Visa. This is your responsibility although your new employer may agree to reimburse it if you satisfactorily pass any probationary period
- You must apply to update your visa with the new employer before your Skilled Worker Visa expires
- You can continue to work for your current sponsoring employer whilst working your notice although your sponsoring employer may prefer to put you on garden leave when you tell them that you are leaving
- You cannot start work for your new sponsoring employer if your old employer allows you to leave your job earlier than your notice period until the Home Office tells you that your visa has been updated
- You cannot travel outside the UK whilst your application is being decided by the Home Office. If you do so then you are treated as if you withdrew your application. That means no visit home even if you are placed on garden leave by your old employer
Redundancy if you are a Skilled Worker Visa holder
If you are unfortunate enough to be made redundant whilst in the UK working on a Skilled Worker Visa then your redundancy has to be notified to the Home Office. This will trigger the early ending of your Work Visa as your visa is contingent upon your having sponsored employment.
The Home Office normally limits your Skilled Worker Visa to 60 days if you are made redundant. The time could be shorter if your Skilled Worker Visa has less than 60 days left on it. To be able to remain in the UK you need to find a new sponsoring employer and get them to sponsor you by allocating you a certificate of sponsorship. The process is the same as if you had voluntarily chosen to change your job.
Any new employment must be sponsored unless Immigration Solicitors tell you that you will qualify for a different type of visa where you do not need a sponsoring employer. For example, you may meet the eligibility criteria for a Family Visa or Spouse Visa.
OTS Solicitors for all your immigration and employment law needs
London-based OTS Solicitors specialise in immigration and employment law. We can answer questions posed by Skilled Worker Visa holders, key personnel or business owners. For help with a Skilled Worker Visa query or a Skilled Worker Visa application or sponsor licence application call our experts.
UK Online and London-Based Immigration Solicitors, Sponsorship Licence and Employment Lawyers
For UK employment and immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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