The Skilled Worker visa serves as a vital route for professionals aiming to work in the UK. However, transitioning to a new employer while holding this visa can be challenging. To ensure a smooth shift, it’s essential to plan carefully and adhere to legal obligations and timing requirements. Here’s an overview of the key factors to consider and tips for managing this process effectively.
Your Skilled Worker visa is directly tied to your current employer, meaning any change in employment requires applying for a new visa connected to your new job. This process involves obtaining a new Certificate of Sponsorship (CoS) from your prospective employer and fulfilling the necessary visa application criteria.
Important Factors When Changing Jobs
1. Prioritise Timing
Timing your job switch is crucial. Before resigning from your current position, secure a job offer and a new Certificate of Sponsorship (CoS) from your future employer. It’s important to note that you cannot commence work with your new employer until your new Skilled Worker visa is approved. This requires careful coordination between your current job, the visa process and your upcoming role.
2. Know the Rules on Employment Breaks
While the Skilled Worker visa doesn’t have a formal cooling-off period like its predecessor, the Tier 2 visa, it’s still essential to consider any employment gaps. These breaks can affect your continuous residency, especially if you’re planning to apply for indefinite leave to remain (ILR) in the future.
3. Ensure You Meet Eligibility Requirements
Each application for a Skilled Worker visa must satisfy the eligibility criteria, including a legitimate job offer from an approved sponsor, a salary that meets the visa’s threshold, and the necessary level of English proficiency. Verifying that your new position aligns with these requirements is key to avoiding visa rejection.
4. Plan Financially
Changing employers may result in a period without income between jobs. Moreover, visa application fees, the Immigration Health Surcharge (IHS) and potential legal costs can add up. It’s advisable to prepare financially for these expenses and any temporary income gaps.
5. Prepare Your Documents
Having all required documents in order is essential. This includes an up-to-date passport, evidence of qualifications, proof of English language skills and the new Certificate of Sponsorship. Incomplete or incorrect documentation can lead to delays or even visa denial.
6. Consider Professional Guidance
Navigating the visa application process can be intricate, with evolving regulations. If you’re uncertain about any aspect, seeking advice from an immigration lawyer can be beneficial. This ensures your application is thorough and compliant with all requirements.
Switching employers on a Skilled Worker visa demands careful planning and a detailed understanding of the process. By staying informed, timing your move wisely, meeting eligibility requirements and preparing your documents meticulously, you can manage this transition with confidence. If needed, don’t hesitate to seek professional advice to enhance your chances of a successful visa application.
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 X, Facebook, Instagram, 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.
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