1. Introduction to the Skilled Worker Route
If you are currently on the Skilled Worker route, your permission to be in the UK is dependent on your employment, with the same employer and in the same role. This is also the case if you still have valid permission under the historic Tier 2 (General) worker route.
Therefore, if your employment ends this will impact your permission to stay in the UK. The impact on your permission is the same no matter how your employment was terminated.
2. I Am A Skilled Worker, How Long Do I Have to Decide What To Do?
Your employer, as the holder of a sponsor licence, will need to report that they have stopped sponsoring you as a worker to UK Visas and Immigration within 10 working days of termination of employment. This is done using the Sponsor Management System.
The employer would need to report this change for any reason that they have ceased to sponsor the worker, including the following examples (from the employer's perspective):
- you become aware the worker's application for entry clearance or permission has been refused, or their permission has been cancelled, and any administrative review of, or appeal against, that decision has finally been determined
- the worker decides not to take up the post, or you withdraw the job offer
- the worker's contract of employment or contract for services ends earlier than the date shown on their CoS
- any professional registration or accreditation the worker is legally required to hold to work in the UK in their sponsored employment (such as GMC registration for a doctor) is withdrawn
- the worker is absent from work without pay, or on reduced pay, for more than 4 weeks and this absence is not covered by any of the exceptions specified in section S4 of Part 2: Sponsor a worker "
- you become aware the worker has been granted settlement (indefinite leave to remain), or permission on an immigration route that does not require sponsorship
- the worker resigns or is dismissed, or is made redundant
- we tell you a change in the details of the worker's employment or salary you have reported is not permitted
Please note that there are additional duties for Sponsors relating to offshore workers.
Your permission on the Skilled Worker route can then be cancelled or curtailed as you would cease to meet the requirements of the Immigration Rules under which you were granted. This is the case if, for example:
- You do not start working for your sponsor; or
- You or your sponsor confirm that your employment, volunteering, training or job shadowing has ceased or will cease before the end date recorded on the Certificate of Sponsorship; or
- The start date for the job, as recorded in the Certificate of Sponsorship, is delayed by more than 28 days; or
- You cease to work for your sponsor.
Following this, you will receive a letter cancelling or curtailing your leave which sets out that you have typically 60 days following the end of your employment to make arrangements, or until the end of your visa, generally whichever is shorter. The 60 days will start from receipt of this letter. In some circumstances, leave can be cancelled immediately but this would be in exceptional circumstances.
Generally, it is best to look for a new job or suitable immigration route as a matter of urgency if you wish to stay in the UK.
3. Can I Switch to Another Visa Route?
There are various business immigration routes you may wish to consider, depending on your circumstances, including:
- Global Talent route – this is for talented or promising individuals working in the fields of science, engineering, medicine, humanities, digital technology and arts and culture.
- Scale-Up route – this requires sponsorship from a company with a Scale-up sponsorship, a highly skilled job offer at the required salary level
- Innovator Founder route – this is for those wishing to establish a business in the UK. You would need an innovative, viable and scalable business idea to gain endorsement from an endorsing body.
You may also wish to consider a personal immigration route, including the spouse route, unmarried partner route or a student visa.
4. Can I Stay on the Skilled Worker Route?
You may be able to stay on the Skilled Worker route by finding a new employer willing to sponsor you. The employer will need a sponsor licence and they should issue and allocate you a certificate of sponsorship. You can then make the immigration application to obtain permission to work in your new job.
You would need to demonstrate that the job is a genuine vacancy, at the appropriate skill level and that it meets the salary requirements. You can find further information on the eligibility requirements for the Skilled Worker route in our article UK Skilled Worker Visa.
It is also worth noting that it is possible to set up a business in the UK, or if you own an existing one, which can sponsor you, known as self-sponsorship under the Skilled Worker route. The company would need to first obtain a sponsor licence.
Whether you are staying on the same route or switching to another, it is crucial that the application is submitted prior to the expiry of your existing permission. Once the application is submitted, your permission is automatically extended under section 3C of the Immigration Act 1971, until a decision is made.
5. Will This Impact My Indefinite Leave to Remain Application?
Yes, it may impact your prospects of applying for indefinite leave to remain. You can apply for indefinite leave to remain if you have been in the UK for a 5 year continuous period as a Skilled Worker or under the historic Tier 2 (general) work route. This time can be spent on a combination of the two aforementioned routes, and other specified routes.
To apply for indefinite leave to remain as a Skilled Worker, your employer, who continues to sponsor you, must confirm you are still required to work for them and will be paid a minimum salary for the foreseeable future. This would therefore be challenging to obtain should sponsorship cease.
If you switch to another route, you should check whether you can combine your time spent in the UK with permission under the Skilled Worker route to count towards a settlement application. Alternatively, you may eventually be eligible for indefinite leave to remain on the basis of long residence.
6. Can I Travel in the Meantime?
If you have submitted an immigration application, it is not advisable to travel because of the added element of risk when returning depending on the timings. For example, a Border Officer may access your cancellation letter and not permit you re-entry to the UK as a worker. Further information can be found in our article about travelling outside the UK while waiting for an immigration decision.
If you are eligible to re-enter the UK using the e-gates, you will be entering as a visitor once your sponsorship has ended. As a visitor, your conditions of permission in the UK are different to that of a Skilled Worker.
There is of course the option to leave the UK. This should be done prior to your existing permission expiring to avoid overstaying. It may then be possible to make an entry clearance application at a later stage.
7. Contact Our Immigration Barristers
For expert advice and assistance in relation to options following losing a sponsored job, including a further Skilled Worker application or switching routes, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
8. Frequently Asked Questions
What happens if my employment ends while I'm on the Skilled Worker route?
If your employment ends, your permission to stay in the UK may be affected. Your employer must report the termination to UK Visas and Immigration (UKVI) within 10 working days. Your visa may then be curtailed or canceled, and you'll typically have 60 days to make arrangements, such as finding a new job or switching visa routes.
How long do I have to stay in the UK after losing my job?
After your employment ends, UKVI will typically give you 60 days from the date of receiving the curtailment/cancellation letter to find a new job, apply for a different immigration route, or leave the UK. If your visa expires sooner, you must leave by the expiration date.
Can I switch to another visa route after losing my job?
Yes, you can switch to other immigration routes such as the Global Talent, Scale-Up, or Innovator Founder routes. You can also consider personal immigration routes like a spouse visa or student visa, depending on your circumstances.
Can I stay on the Skilled Worker route with a new employer?
Yes, if you find a new employer willing to sponsor you, they must hold a sponsor licence and issue a new Certificate of Sponsorship (CoS). You can then apply to continue working under the Skilled Worker route, provided the job meets skill and salary requirements.
Will losing my job affect my application for Indefinite Leave to Remain (ILR)?
Yes, losing your job may impact your eligibility for ILR. To apply for ILR under the Skilled Worker route, you need continuous employment with sponsorship. If you switch to another route, you must check if your time on the Skilled Worker visa counts towards settlement.
Can I engage in supplementary work after losing my main job?
No, once your main employment under the Skilled Worker route ends, you are no longer allowed to carry out supplementary or secondary employment.
What is the impact of termination on my ability to travel?
If your visa is being curtailed or you've applied for a new visa, it is risky to travel. Border officers may deny re-entry to the UK, especially if your sponsorship has ended. Re-entry may only be possible as a visitor, which carries different conditions than the Skilled Worker route.
Can I start my own business under the Skilled Worker route?
Yes, under the self-sponsorship option, you can set up or use an existing business to sponsor yourself for a Skilled Worker visa. The business must first obtain a sponsor licence.
What should I do if my employer doesn't sponsor me anymore?
If your employer no longer sponsors you, you should act quickly. You can find a new sponsor, switch to another visa route, or leave the UK before your visa expires to avoid overstaying.
What is the Sponsor Management System?
The Sponsor Management System is an online platform that licensed employers use to manage their sponsorship duties, such as reporting changes in the employment of sponsored workers to UK Visas and Immigration.
9. Glossary
Skilled Worker route: A UK immigration pathway that allows individuals to work in the UK if they have a job offer from a licensed sponsor and meet the relevant skill and salary requirements.
Sponsor licence: A license granted by UK Visas and Immigration (UKVI) to employers allowing them to sponsor overseas workers under the Skilled Worker route.
UK Visas and Immigration (UKVI): The division of the UK Home Office responsible for managing immigration applications and visas for the UK.
Sponsor Management System: An online system used by employers with sponsor licenses to manage their sponsorship duties, including reporting changes in employment status.
Certificate of Sponsorship (CoS): A digital certificate issued by a UK employer with a sponsor licence, enabling an individual to apply for a visa or permission to work in the UK.
Indefinite Leave to Remain (ILR): The right to live and work in the UK without time restrictions, often referred to as permanent residency.
Tier 2 (General) worker route: A previous UK immigration route, now replaced by the Skilled Worker route, which allowed skilled workers to work in the UK under a sponsored job offer.
Immigration Rules: The legal framework governing immigration, visas, and residency in the UK.
Curtailment: The process of ending someone's immigration permission to stay in the UK before the original expiry date.
Global Talent route: An immigration route for highly talented individuals in specific fields such as science, technology, and arts, allowing them to work in the UK without needing sponsorship.
Scale-Up route: An immigration route for individuals working for fast-growing UK businesses, offering skilled jobs with high salary requirements.
Innovator Founder route: A visa route for individuals looking to establish an innovative, viable, and scalable business in the UK.
Self-sponsorship: A process where an individual sets up a business in the UK, or uses an existing one, to sponsor their own Skilled Worker visa.
Section 3C of the Immigration Act 1971: A legal provision that extends an individual's permission to stay in the UK while their immigration application is being decided.
Supplementary work: Additional work a Skilled Worker can engage in alongside their primary sponsored employment, subject to certain restrictions.
Settlement application: An application for permanent residency or Indefinite Leave to Remain (ILR) in the UK after meeting certain criteria, such as continuous residence for a specified period.
Long residence: An immigration route that allows individuals to apply for ILR if they have lived in the UK continuously for 10 years, amongst other requirements.
E-gates: Automated border control gates that allow eligible passengers, such as UK and EU passport holders, to enter the UK without interacting with a border officer.
Entry clearance application: A visa application made from outside the UK to gain permission to enter the UK for work, study, or other purposes.
10. Additional Resources
Citizens Advice provides free, confidential advice on a wide range of issues, including employment rights, benefits, and dealing with redundancy or job loss.
ACAS (Advisory, Conciliation and Arbitration Service)
ACAS offers advice on workplace disputes, employment rights, and redundancy. It also provides mediation services to resolve disputes with employers.
Turn2us: Financial Help and Benefits
Turn2us is a charity that helps people in financial hardship access welfare benefits, charitable grants, and other support.
A government service that offers employment support, job search assistance, and benefits for those who are unemployed.
Losing a job can be stressful, and Mind offers resources and support for dealing with mental health challenges related to unemployment and other life changes.
This service offers free and impartial advice on managing money, dealing with debt, and budgeting after losing a job.
The National Careers Service provides advice on job searching, CV writing, interview preparation, and career planning, with resources to help people get back into work.
The Prince's Trust offers support and training for young people (aged 11 to 30) looking to develop skills, start a business, or find employment after losing a job.
Reed offers job search tools, career advice, and online courses to help people re-enter the workforce or switch career paths.
For individuals who are struggling with debt after losing their job, StepChange provides free debt advice and solutions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.