UK Skilled Worker Visa allows many international talented and skilled individuals to fulfill their dreams of working in the UK. On the other hand, it allows UK-based organizations to hire global talents. Any foreign national looking to work in the UK needs to have a genuine and confirmed job offer from an approved UK sponsor in an eligible, skilled role for a salary in line with the UK skilled worker visa requirements. An approved UK-based company needs to apply for a sponsor license after which it can assign a certificate of sponsorship to the skilled worker visa applicant.
The skilled worker route allows you to stay and work for up to 5 years in the UK. You can change your job and sponsor during this period. However, in that case, you will need to apply for a new skilled worker visa on the basis of a new Certificate of Sponsorship. The new application will allow you a new period of leave.
For you as a skilled worker, the job you are in is a prerequisite to stay in the UK. If you lose your job what would happen? Your UK worker visa is tied to the job you are working for your sponsor. If you lose your job your immigration status would be impacted. In this situation, you need to think about the options available to you to continue staying in the UK or else you may have to leave the UK. Your dependent family members in this case may also have to leave the UK with you.
Your employer must notify the Home Office about this within 10 working days of you losing the job. In such situation your visa may be curtailed by the Home Office. In most cases it gives the foreign workers a stay of 60 days or stay until your original visa expire whichever is sooner.
Generally, you should keep an eye on your E-visa and also make sure your account details for the E-Visa are up to date in the event the Home Office intends to serve you a curtailment notice.
Your job or employment may be terminated if either you are made redundant, dismissed or you resign from your job. Your job may be terminated if your organization withdraw or loses its sponsor license due to non- compliance with its duties and responsibilities or for any other valid reason.
You may be dismissed for a variety of reasons such as poor performance, unethical practices, prolonged absence from work or, your involvement in one or the other illegal activities.
You may also lose your job if the UKVI cancels your skilled worker visa because you no longer meet the eligibility requirements associated with it. You may also lose your job if the contract with your current employer ends.
If you lose your job before the date shown on your certificate of sponsorship you should know what to do next. If you wish to continue living in the UK you should find a new job offer from an approved sponsor and apply for a fresh UK skilled worker visa. If you lose your job you can do one of the following:
When you lose your job the UKVI may curtail your visa giving you 60 days or until your original visa expires which is sooner. During this period you need to apply and get a new job from another approved sponsor in the UK. The new sponsor must have a valid sponsor license and it must offer you a genuine and confirmed job role with a salary that is in line with skilled worker visa requirements. They must assign you a certificate of sponsorship.
You must apply for a fresh skilled worker visa 60 days before your original visa expiry date. You don’t need to wait for a cooling-off period (which was the case earlier) to end before applying for a new work visa. You can apply immediately after receiving a sponsored employment and a certificate of sponsorship.
You must meet the eligibility requirements, along with other requirements, and submit the required documents to apply for the visa. If you have applied for a fresh visa within the given time you can stay in the UK until you get a decision. You should usually get a decision within 8 weeks.
Another option when you lose your job is to apply for a new visa. You can apply for any other work visa such as the Student Visa, Innovator Founder Visa, High Potential Individual, Scale-up Worker Visa, and Global Talent Visa.
You can also apply for other visas such as UK Family Visa. For example, you can apply for a UK Spouse Visa if you are married to a British citizen or a person settled in the UK.
If you want to continue living in the UK this is an option for you provided you meet the visa- specific requirements. You must apply for a new visa before your current leave to remain expires. If you don’t apply within this time and you still stay in the UK you will risk being guilty of breaching UK immigration law due to overstaying in the UK. This may affect your future UK visa application.
If you want to apply for indefinite leave to remain you must have been in the UK for 5 years continuously on an old Tier 2 (General) Visa or a new UK Skilled Worker Visa. The total 5 years can be counted including time spent in the UK on Tier 2 (General) Visa and Skilled Worker Visa or other specified routes.
However, you must also be sponsored by a licensed employer and the employer must confirm that they require your services. They must pay you a minimum salary for the foreseeable future. Losing your job can thus impact your eligibility for settlement. When you lose your job your employer will notify the Home Office within 10 working days from the day you were terminated or you resigned. So, it will be known to the Home Office and they may curtail your stay in the UK. You cannot apply for a fresh skilled worker visa without finding a new job from an approved employer and receiving a certificate of sponsorship from them. You should apply for a fresh visa before your visa expires in order to maintain the continuity of your residence in the UK. If you switch to another visa route, you should check when counting 5 years of continuous residence whether it is possible to combine your time spent in the UK on the Skilled Worker route or not.
This may be an option that you may have to exercise in case you fail to acquire a new skilled worker visa, switch to another visa, or acquire indefinite leave to remain. You may also choose to leave the UK to return to your home country in case your current contract of employment is ending and you don’t want to continue working in the UK.
It does not matter which option you choose to make you must do it within the period required. Otherwise, you may end up overstaying in the UK in which case you may face a deportation from the UK. This will significantly impact your future visa applications and you may also be banned for a re-entry to the UK.
Losing a job can be a disastrous thing if you do not plan for it. You need to know your options well and exercise them in time. We help you maximize the possibility for you to continue staying in the UK. Our expert immigration advisors will help you go through the process of acquiring a new visa or applying for an indefinite leave to remain. We will make it a smooth transition for you if there is any change in your immigration status. You can contact us for any help if you were to lose your job on a UK Skilled Worker Visa.
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