Losing Your Job on a Skilled Worker Visa
If you are in the UK on a Skilled Worker Visa your visa is contingent on your continued sponsored employment. Our Employment Lawyers are receiving inquiries from people worried about the recent budget and the impact of employer NI rises on their continued employment and Work Visas.
In this blog, our Immigration Solicitors in London look at what you must do if you are told your job is at risk.
UK Online and London-Based Immigration Solicitors
For immigration law advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Losing Your Job Whilst in the UK on a Skilled Worker Visa
If you are told you are being let go the news is always devastating. However, if you are in sponsored employment in the UK on a Skilled Worker Visa the consequences are more wide-reaching. Losing your job may mean you and your family (if they are with you in the UK on Dependant Visas) can't stay in the UK.
Some Skilled Worker Visa holders think it will be OK as they plan to challenge their employer about being made redundant or being sacked but it isn’t as easy as that.
Under current employment law, for most employment claims, you must have been employed for at least two years before you can bring a claim. There are exceptions to this rule, such as discrimination claims where you can claim from the first day of your employment. You can bring a discrimination claim if you have a protected characteristic under The Equality Act. Anyone in the UK on a Skilled Worker Visa has a protected characteristic through their nationality and/or race. However:
- Immigration bias is not classed as discrimination under The Equality Act. The distinction between immigration-related and race/nationality discrimination can be very subtle. You will need to take legal advice on whether you have a potential discrimination claim
- The Home Office does not grant an amnesty or a stay on your visa while you fight your redundancy or sacking
Therefore, even if you have an employment tribunal claim, the Home Office can end your Skilled Worker Visa because your sponsoring employer has reported to the Home Office that you are losing your job.
When Does a Sponsoring Employer Have to Report Job Loss to the Home Office?
A sponsoring employer has ten working days from the date of termination of employment to report a change in circumstances to the Home Office using the sponsor management system. If your employer doesn’t follow the Home Office guidance and their reporting and recording duties they are placing their sponsor licence at risk. If their licence is revoked all the other workers on Skilled Worker Visas would also lose their employment. Therefore, your employer won't be able to exercise discretion to give you additional time before they report your job loss to the Home Office.
There can be several reasons for a job loss report, such as your:
- Dismissal
- Resignation
- Contract of employment ending before the date stated in the certificate of sponsorship
- Professional accreditation or registration ending and accreditation is necessary for you to be able to do your job
If you think your job is at risk it's best to talk to specialist Immigration Solicitors who can advise you on the Work Visa and employment aspects.
Home Office Rules on Cancelling a Skilled Worker Visa For Job Loss
The Home Office will write to inform you that they are ending your Skilled Worker Visa early. This may be referred to as a cancellation or curtailment.
You normally get a 60-day grace period to stay in the UK. The 60-day time limit normally runs from the date of the Home Office letter.
The 60-day period could be shorter if you have less than 60 days left on your Work Visa. In unusual situations, you can be given less than 60 days' notice even though you have longer than 60 days left on your Skilled Worker Visa.
Your employer has no say in how long the Home Office gives you as a curtailment period. The curtailment time you get will also apply to any dependants with you in the UK on Dependant Visas.
Visa Curtailment
If you get a letter from the Home Office telling you that your Skilled Worker Visa is ending early you must not ignore the letter. You must make plans to:
- Leave the UK at your expense – the Home Office won't pay your travel expenses. Your employer is only likely to do so if that was a term in your employment contract or they voluntarily agree to do so or
- Switch visa to a different type of visa so you don’t need a sponsoring employer. For example, apply for a Spouse Visa if you are now married to a British citizen or a person with settled status, such as Indefinite Leave to Remain or settled status under the EU Settlement Scheme or apply for a Scale-up Visa or
- Find a new employer to sponsor you so you can stay in the UK on a Skilled Worker Visa
If you don’t act and you stay beyond the curtailment date there are two issues:
- You have overstayer status as you overstayed on your curtailed visa. This applies even if the job loss wasn’t your fault
- Overstayer status affects your immigration record and makes it harder for you to get the Home Office to agree to switch you to a new visa or to give you UK entry clearance again after you leave the UK
If you put in a new visa application this normally allows you to stay in the UK while the new application is processed.
Any new visa application will be prejudiced if you breach the immigration rules. For example, you are not allowed to work in your supplemental employment (if you have a second job) after your sponsored employment has ended.
You should not leave the UK during the curtailment period if you want to return during the 60 days because you risk being refused re-entry. You should only leave when you have explored your options and know that leaving the UK is the best or only option.
Any curtailment of your visa will also affect family members in the UK on Dependant Visas. They will also either need to leave or sort out their immigration status so they can stay in the UK with you.
Finding a New Sponsoring Employer
If you have skills that are in short supply in the UK you may be able to get a job offer from another employer with a sponsor licence who can sponsor you and provide you with a new certificate of sponsorship. However, the Home Office will need to be satisfied that:
- The job is a genuine vacancy
- The job qualifies for a Skilled Worker Visa as it has a standard occupational classification code
- You have the skill set to do the job
- The new employer is going to pay you the higher of the minimum salary threshold for the Skilled Worker Visa or the going rate for the job’s standard occupational classification code
Applying to Settle in the UK After Losing Sponsored Employment
If you want to apply for Indefinite Leave to Remain after UK entry on a Skilled Worker Visa you must meet the five-year residence requirement. You may be nearing the five-year residence requirement when your employment is terminated. Applying for Indefinite Leave to Remain may appear to be the solution to your Work Visa curtailment but if you apply as a Skilled Worker Visa holder the ILR eligibility criteria says you must be in sponsored employment and your employer must confirm that you will be paid at least the minimum salary for the Skilled Worker Visa for the foreseeable future.
Accordingly, to apply for Indefinite Leave to Remain you will first need to find new sponsored employment and ensure that you are covered by your new Work Visa before submitting your settlement application. If you don’t have a Work Visa and apply for ILR your application using your old Skilled Worker Visa status will be refused and your immigration record will be affected.
Immigration and Employment Guidance with OTS Solicitors
When you have lost your job as a skilled worker, or are at risk of job loss, you need specialist employment and immigration legal advice. Our expert lawyers provide cost-effective advice tailored to your circumstances.
UK Online and London-Based Immigration Solicitors
For immigration law advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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