Gherson LLP’s ‘Friday FAQs’ – Changes to employment for Skilled Worker visa holders

06 Oct 2023, 42 mins ago

This week our immigration specialists will assist with the following queries from Skilled Worker visa holders:

  • I have been given new responsibilities at work. Do I need to change my visa?
  • My sponsor has terminated my employment. What do I do?

I have been given new responsibilities at work. Do I need to apply for a new visa?

As the holder of a Skilled Worker visa, your role must comply with a set of requirements, including the minimum level of qualifications and salary requirements, and correspond to an occupation code listed on the Skilled Worker Visa: eligible occupations and codes page of the UK government website.

If your job with your UK sponsor has changed, for example, if you have been promoted or given a new set of responsibilities, your sponsor has a duty to report changes to your role via the Sponsor Management System (SMS).

If your new role with your UK sponsor no longer falls under the same occupation code as your previous job, your employer will need to assign a new Certificate of Sponsorship reflecting this, and you will need to apply for a new Skilled Worker visa.

We are happy to assist you with navigating the intricacies of the UK immigration law for skilled workers and help you submit a new visa application, if required. Please contact us for a detailed assessment of your situation.

My employer has terminated my role. What should I do?

Your UK immigration status as a Skilled Worker depends on your employer sponsoring you.  In the unfortunate event that your role is terminated, your employer is under an obligation to report the termination to the Home Office. Following this, the Home Office will cancel your visa (known as ‘curtailment’). You will usually be given 60 days to apply for a new visa or leave the UK.

If you would like to remain in the UK on a work visa, you will need to obtain a new job offer with a UK-based employer that either holds a Skilled Worker sponsor licence, or is willing to obtain such a licence to sponsor you.

Alternatively, there may be some other immigration options for you to explore. Please contact us for a detailed assessment of your circumstances.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have not found an answer to your question, or if you would like to talk to us about your specific circumstances, 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.

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