The Skilled Worker visa is by far the most prevalent type of visa for qualified individuals from other countries who are looking for work in the UK (formerly known as the Tier 2 general work visa). Applicants must acquire a work offer from a person who possesses a sponsor licence in the UK in order to be eligible for the programme. Additionally, candidates must make a minimum salary in order to be eligible.

One of the topics that we get the most questions about is whether or not it is possible to switch employment or employers while in the UK on a skilled worker visa. In this post, we take a look at the top q0 questions that skilled workers moving to new jobs typically ask before making the transition.

1. Can someone with a UK Skilled Worker visa change jobs?

If you have a Tier 2 visa, you may change employment. The skilled worker visa has since taken the position of the Tier 2 visa. After receiving a Certificate of Sponsorship from your new employer, you will need to submit a new application for a Skilled Worker visa. The UK Home Office must grant your new business a permit before they can hire individuals with skilled worker visas. You will need to fulfil the minimum income criteria and your new position must be qualified for the skilled worker visa. You are unable to begin the new position until the new Skilled Worker visa has been approved.

2. Can I continue working for the same company but in a different position?

Yes, although if your company is the same, you might need to submit a new visa application if any of the following circumstances apply:

• Your new role’s Standard Occupational Classification (SOC) code differs from the one shown on your present CoS, and your fundamental responsibilities have altered;
• Your prior position was on the shortage occupation list, but you are switching to a new one that is not on the list;

3. What happens if my new employer doesn’t have a license to Sponsor a Skilled Worker?

Your new employer will have to apply for a Skilled Worker Sponsor Licence if they don’t already have one. Both our post on How To Apply For A Skilled Worker Sponsor Licence and our specialised guide for companies on how to apply for a skilled worker sponsor licence include the standards and supporting documentation needed.

Applications for Sponsor Licences are typically processed in 8 weeks. Applications for the priority service are reviewed in 10 working days or less. Only a maximum of 10 requests will be accepted daily from Monday through Friday for the priority service, which costs £500 per request.

4. When Should I Resign From My Current Role?

To provide your new employer with a realistic start date, it is crucial to carefully organise the timeline for your resignation (taking into account any notice period) and your change of employment application. If you apply before your current permission expires, you may continue to work in your present position while a decision is being made on your new application or to negotiate your contractual duration. Before beginning your new position, your new application must be accepted.

The Home Office has the right to revoke your permission to work as a skilled worker if your employer stops hiring you. Please visit our page on the curtailment of leave to remain for further details. 

5. What occurs if a skilled worker on a visa loses their job?

If you lose your job while employed in the UK on a Tier 2 visa, you must look for another qualifying employment as quickly as possible; otherwise, you must depart the country within 60 days of your job loss, or as soon as your visa expires, whichever comes first. 

Any position having an occupation code that appears on the UK Home Office list on the gov.uk website is considered to be eligible. The suitable job must also be with a company that has a licence from the UK Home Office to hire individuals with working visas. Your new company will provide you with a Certificate of Sponsorship if you find a job that qualifies, and you may use this to apply for a new Skilled Worker visa. The Tier 2 visa has been superseded by the Skilled Worker visa.

6. Can someone with a skilled worker visa work part-time?

You must reach the required minimum wage level for your position. This statistic is absolute rather than in terms of full-time equivalents. As a result, you might work half-time and make the required minimum wage if you are in a well-paying position. However, workers in shortage occupations must put in at least 30 hours every week.

7. What Conditions Must an Application for a Skilled Worker Change of Employment Meet?

The following criteria must be met when altering your qualifying employment for a skilled worker visa:

• Your Certificate of Sponsorship is valid;
• Your employment offer is a real opening;
• Your job offer requires the proper degree of competence;
• Your job offer meets the wage minimum;
• You meet the criteria for English language ability;
• If you haven’t been in the UK for more than a year, you have enough money;

8. When Can I Submit an Application for Skilled Worker Settlement After Changing Jobs?

In a recent article on How to Apply for ILR as a Skilled Worker, we gave candidates who are skilled workers a how-to guide. If you have resided in the UK for a continuous period of five years, you are qualified to apply for indefinite leave to stay.

Other notable requirements include:

• In each of the five consecutive years, you must not have spent more than 180 days outside the UK;
• Unless you are over 65 or have a handicap, you must have passed the Life in the UK test.
• Your sponsor must still be a sponsor recognised by the Home Office;
• For the foreseeable future, your sponsor must continue to demand that you labour for them;
• Although there are several exceptions, your salary must be at least £25,600 annually and the going rate for your occupation code;

9. What does it cost to have my visa updated?

Whether the certificate of sponsorship has been provided for less than three years or more than three years, and whether the position is on the shortage occupation list, determine the cost of the skilled worker visa for the applicant. For instance, the price is £232 if the applicant has filed for a Skilled Worker (Shortage Occupation) Health and Care Visa for under three years. However, the price is £1,408 for a standard Skilled Worker visa that is valid for more than three years.

The applicant will also be required to pay the Immigration Health Surcharge, which is due upfront for the number of years specified on the certificate of sponsorship and is currently £624.

10. Can I start a new job while my application for a new visa is being processed?

No, the Home Office is quite clear that you must wait until you get authorisation from UK Visas and Immigration if you require authorization to move jobs or employers (UKVI). It can be against immigration laws to change employment before your application has been accepted. This is why it’s crucial to submit an application as soon as possible (up to 3 months before you start your new job). However, while you wait for a decision, you can continue working at your existing position.

Contact AY & J Solicitors for assistance

A Y & J Solicitors specialises in UK business immigration, and our advisers help companies and workers with applications for skilled worker visas, sponsor licence management, and UK employment sponsorship. They have years of expertise and are acknowledged authorities in their industries. If you require specialised immigration advice to facilitate staff mobility and business operations, get in touch with us.