Between January and March in 2022, almost 1 million working professionals changed their jobs. Could your next career move delay your Indefinite Leave to Remain as a Skilled Worker? This blog will break down the risks and what they means for you.

For many individuals working in the UK under the Skilled Worker visa route, Indefinite Leave to Remain (ILR) represents a significant milestone – a formal recognition of long-term contribution and connection to the UK.

ILR grants an individual the right to live and work in the UK without restriction. It also paves the way towards British citizenship and access to benefits if you’re eligible.

Understandably, as professionals progress in their careers, they often consider new opportunities: a promotion, a more fulfilling role, or even a complete move to a different employer. This bears the question of whether such changes could delay or disrupt ILR. The answer to this depends on how and when the change takes place.

Changing jobs does not necessarily mean delaying or resetting your ILR clock, but only if done correctly and appropriately. The key consideration is whether the move impacts your visa status or your eligibility to remain on the visa route you’re on.

Changing employers

In the case of changing employers, an application for a new Skilled Worker visa is needed. Your new employer will need a valid sponsor licence to issue you with a Certificate of Sponsorship (CoS), detailing the new role. This is called a Change of Employment application. The new role must meet the requirements in place at that time for the specific role, including being an eligible occupation code and meeting the minimum salary level applicable.

Changing roles with the same employer

If you are changing role in the same company, then you may not need to update your visa. This will depend on whether your new role is within the same occupation code. If your new role still falls under the same occupation code as the role listed on your current Certificate of Sponsorship, then you do not need to apply for a new visa. Your employer should, however, check whether they need to make a report to the Home Office via the Sponsor Management System, for example if your salary or hours are going to change. If your new role falls under a new occupation code, then you will need to make a Change of Employment application for a new visa.

Your employer will need to issue a new Certificate of Sponsorship to allow you to apply for a new Skilled Worker visa.

Understanding the requirements of ILR as a Skilled Worker

To qualify for ILR, you must have spent a continuous period of 5 years in the UK. This generally means that you have been out of the UK for no more than 180 days in any 12-month period throughout the 5 years, calculated on a rolling basis. The 5-year period may consist of time spent in the UK solely on a Skilled Worker visa, or in combination with time spent in the UK with a visa on certain other routes (including the Global Talent, Innovator Founder or Representative of an Overseas Business routes).

Time spent in the UK without valid leave within the last five years usually breaks continuous residence (meaning that the 5-year qualifying period will restart for the purposes of applying for ILR). When making a Change of Employment application, or applying to extend your Skilled Worker visa, you will therefore need to make sure that you apply before the expiry of your existing Skilled Worker visa. Time spent awaiting a decision on a visa application usually does not break continuous residence, provided it was submitted ‘in time’ (meaning before the expiry of the applicant’s existing visa).

Conclusion

Career diversions and changing employers do not need to delay ILR, provided such changes are carefully coordinated. As above, the Skilled Worker route is generally flexible enough to accommodate for career progression, but the real risk lies not in the job change itself, but in how it is managed.

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.

Updated: 3 June 2025

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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