Skilled Worker Visa Termination of Employment: What to Do?

What to do when you lose your job in the UK?

To be able to come to the UK in the first place to work from overseas, you must have been sponsored by licensed employer to take up specific job role. After doing so, you will have received a Certificate of Sponsorship from that employer and a number that corresponds to your highly specific job role. These codes ensure that job roles are eligible and meet Home Office requirements, such as salary and job title.

Changes to your employment that warrant action from the visa holder include:

• Changing job and your employer
• Losing your job or being fired
• Changing from a role that was on the Shortage Occupation list to one that isn’t
• Taking a job that has a different occupation code

Therefore losing your job will mean that technically you no longer meet the requirements of your original Skilled Worker visa and you must either contact the Home Office to make a new application or leave the UK.

Not doing either of these things and remaining in the UK with a curtailed Skilled Worker visa may be considered

Will I be allowed to stay in the country if I lose my job?

Skilled Worker visas usually give up to two and a half years of leave in the UK for the holder to work. However, if for whatever reason your employment has been brought to an end early, this will shorten the time you can stay in the country.

After you have lost your job, you will have 60 days leave in the UK or until the end of your visa, whichever is shorter. This means you have two months to ensure you follow the next steps.

Responsibilities of your employer 

It is firstly the responsibilities of your employer to inform the Home Office of your change in employment status, redundancy etc. They must write to the Home Office within 10 days before your final working day.

You will then receive communication from the Home Office explaining the shortened leave conditions mentioned earlier. This will usually be by post. From the receipt of this letter, your 60 days leave begins.

Making a new Skilled Worker visa application 

If your plan is to stay in the UK and to continue to work, you will need to apply for a new visa. To do so, all of the same eligibility requirements will have to be met. You must have received a new job offer to apply from a company that has a sponsor license to be able to offer you the role. If you do not have another job offer, you will not be accepted onto a new visa.

If you receive a job offer from a company without a sponsor licence, they may be able to get a licence within 60 days, however, this will be difficult as the process can be long-winded. If the company is willing to make the application, they can seek immigration law advice to do so.

As long as the company has their licence within your 60-day time limit and offer you a role with the required salary you could make a new application. You will not be asked to leave the country if an application is in process.

You can continue to work in your current job and finish your notice period while you make a new application if you are able to. You shouldn’t start your new job until you get a decision on your new application.

What will happen to my visa if I lose my job in the UK?

Your Skilled Worker visa will have been granted to you on the condition that you will be working a genuine, lasting job offered by a licensed sponsor in the UK.

If you lose your job, then you will no longer satisfy that condition of your visa being eligible, meaning that your visa will no longer be valid.

How long will my visa last if I lose my job in the UK?

Your visa will normally be curtailed and you will be given a period of 60 days in the UK to either apply for a new visa or to leave the UK.

Alternatively, you may be given until the end of your original visa’s validity window if this will occur sooner.

Within the time remaining after your visa’s curtailment, you must either apply for a new Skilled Worker visa or leave the UK.

If you have resigned 

If for whatever reason you have tendered your resignation with your current employer, for example, you are taking a job elsewhere, moving countries or just wishing to leave, responsibilities fall on you to report to the Home Office.

You should send a copy of your resignation to the UK Visas and Immigration department. This should include the date you intend to leave the organisation. Your employer should also notify the Home Office of this decision within 10 days. This is the best procedure to follow as it shows both you and your employer are not ignoring their responsibilities.

You may not be required to leave for 60 days, but it is advisable that you begin making plans to leave as soon as you are able to. This ensures you will not look like you aren’t complying with immigration law, which could affect future visa applications.

Can I switch to a different visa if I lose my job?

If you are unable to re-apply for a Skilled Worker visa in your current circumstances, you may be able to switch and apply for a different visa while in the UK. It is important to do any new application as soon as you can, before your current leave to remain has run out.

You could potentially make an application for one of the following:

• Partner visas – do you have a partner that is a British citizen or settled person and you want to get married? You could apply for a Fiance visa for six months leave to marry them. You can then apply for a Spouse visa – if you’re already married you could move straight to a Spouse visa.
• Student visa – if you are able to take on a course of study at a registered college or institution, you could take on a short or long-term Student visa.

It is important you meet all the eligibility requirements for any new visa.

Can you apply for indefinite leave to remain in the UK if you lose your job?

In order to be eligible for indefinite leave to remain (ILR) with a Skilled Worker visa, you must have been living in the UK continuously for at least 5 years and be working in a sponsored role where you’re also being paid the minimum required salary.

Consequently, if you lose your job in the UK, your eligibility for ILR will be at risk unless you will be able to find another employer willing to sponsor you in a job role under a new Skilled Worker visa.

You will also need to do so before your current period of leave expires in order to not break the continuous residence rule.

You should not attempt to apply for ILR if you have not secured a new Skilled Worker visa after losing your job, as knowingly applying for ILR status without meeting all of the criteria may negatively affect any future immigration applications.

How can Manchester Immigration Lawyers help you? 

Leaving your job or having a change of employment on a Skilled Worker visa can be a time of great stress and upheaval. It can be confusing about which options might be best for you and how to ensure you are not breaking immigration rules.

To give yourself the best chance at future applications, it is highly recommended you seek immigration advice from highly qualified, professional immigration lawyers in Manchester. If you’re based in different regions around the UK, we can work with you remotely to provide the same quality guidance online or over the phone.

Call us on 0161 826 9783 or use our contact form at the top of the page today.