Can I change employer in the UK if I have a Skilled Worker visa?

May 31 2023

Corporate Immigration, UK Immigration

A Skilled Worker visa allows you to work for a specific employer in the UK in a specified role. Consequently, a Skilled Worker visa is not transferable and, therefore, although you can change employer in the UK, you will need to need to apply for a new Skilled Worker visa before you can begin your new employment. 

Your prospective employer will need to have a UK sponsor licence and will need to have a Certificate of Sponsorship available to assign to you. Your new role will also need to meet the relevant skill and salary level thresholds for this particular visa category. 

You will need to submit a new Skilled Worker visa application and the relevant fees will need to be paid. Fortunately, your application can be submitted from within the UK and, therefore, the process can be quite speedy and seamless. 

Will the time spent on my previous Skilled Worker visa count towards Indefinite Leave to Remain?

The time spent on your previous Skilled Worker visa will count towards the 5 years required to become eligible for Indefinite Leave to Remain (ILR). 

It may be important for you and your prospective employer to consider the length of the new Skilled Worker visa that you apply for, and consider when you will become eligible for ILR. This is because you may be eligible for ILR very soon and the longer the duration of the visa, the higher the costs.

For example, if you were on your previous Skilled Worker visa for 4.5 years, subject to meeting eligibility criteria, you may become eligible for ILR in 6 months. Therefore, it may only be necessary to apply for a new Skilled Worker visa with a duration of up to 1 year, instead of perhaps applying for a 3-year visa.  You and your prospective employer will need to consider your circumstances carefully to ensure you are applying for the visa length that is most suitable and reflects your employment contract duration, considering when you may be eligible for ILR and taking into account your and the business’ needs. 

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023

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