ARTICLE
4 September 2024

Change Of Employment And Skilled Worker Visa: Planning Ahead

G
Gherson

Contributor

Founded in 1988 by Roger Gherson, Gherson Solicitors LLP was first established as a boutique immigration law firm based in London. Now servicing clients across all areas of immigration, international protection and human rights, white collar crime, sanctions, and civil litigation and arbitration, Gherson LLP’s offices continue to expand across Europe.

With over 35 years of experience, Gherson’s expertise extends from meeting the migration needs of international business people and UK-based companies to litigation in all UK jurisdictions and the European Court of Human Rights and the European Court of Justice.

Switching employers while on a UK Skilled Worker visa requires careful planning and adherence to legal requirements. Key considerations include securing a new job offer and Certificate of Sponsorship before resigning, understanding the impact of employment breaks on residency, meeting all visa eligibility criteria, and preparing financially for potential gaps and application costs. Ensure all documentation is accurate, and consider consulting an immigration lawyer for guidance. Proper planning a
United Kingdom Immigration

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.

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.

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