The UK Skilled Worker visa offers a structured pathway for foreign nationals to live and work in the country. However, it comes with significant responsibilities and implications, especially when employment ends. For those navigating this journey, understanding your rights, obligations, and next steps is crucial. Here, we explore the impact of job termination on Skilled Worker visa holders and the available options.
Your Immigration Status and Employment: A Crucial Link
As a Skilled Worker, your permission to stay in the UK is intrinsically tied to your employment with a specific employer and role. This also applies if you hold valid leave under the predecessor Tier 2 (General) visa. Should your employment cease for any reason—whether resignation, redundancy, or dismissal—your ability to remain in the UK is directly impacted. Employers must report such changes to UK Visas and Immigration (UKVI) within 10 working days through the Sponsor Management System (SMS).
The reasons for reporting cessation of sponsorship can range from voluntary resignation to termination due to professional accreditation lapses, redundancy, or even a decision by the worker not to take up the job. Regardless of the cause, the result is often the same: your leave to remain in the UK may be curtailed.
What Happens Next? The 60-Day Window
Once your employer reports the end of sponsorship, UKVI typically curtails your visa and sends a notification letter. This letter provides you with a 60-day grace period to take action or until your visa’s original expiry date—whichever is sooner.
During this window, your focus should be on exploring your options, which include:
- Finding New Sponsorship: Securing a new job with an eligible employer who can issue a Certificate of Sponsorship.
- Switching Visa Routes: Considering alternative immigration pathways.
- Returning Home or Making Other Plans: Leaving the UK to avoid overstaying.
Exploring Alternative Visa Routes
If your current role has ended, switching to a different visa route may provide a lifeline. Several options are available depending on your qualifications and circumstances:
- Global Talent Visa: Tailored for exceptional talent or promise in fields such as science, medicine, arts, and digital technology.
- Scale-Up Visa: Requires a job offer from an approved sponsor with a Scale-up licence, offering a high-salary role.
- Innovator Founder Visa: Designed for entrepreneurs with innovative, viable, and scalable business ideas. You’ll need endorsement from an authorised body.
- Family or Partner Visas: Options exist for those with qualifying relationships, such as a spouse or unmarried partner.
- Student Visa: If further education aligns with your goals, this route could facilitate a transition.
Each route has specific requirements, so seeking professional advice to determine eligibility is essential.
Remaining on the Skilled Worker Route
For those wishing to stay on the Skilled Worker pathway, finding a new sponsor is the primary route. The new employer must:
- Hold a valid sponsor licence.
- Issue a Certificate of Sponsorship (CoS).
- Ensure the role meets skill and salary thresholds.
Alternatively, self-sponsorship might be an option if you own or establish a UK-based business capable of obtaining a sponsor licence. This innovative approach provides flexibility but involves rigorous compliance with sponsorship requirements.
It’s vital to act swiftly and submit your visa application before your current leave expires. Submitting a valid application activates protection under Section 3C of the Immigration Act 1971, which extends your permission until a decision is made.
Long-Term Residency and Indefinite Leave to Remain
Employment disruption can also affect your prospects for settlement. To qualify for indefinite leave to remain (ILR) as a Skilled Worker, you must:
- Demonstrate five years of continuous residence on eligible routes.
- Show ongoing sponsorship by your employer, with confirmation of your continued role and salary.
Switching visa routes might reset your qualifying period unless the new route allows time aggregation with previous Skilled Worker leave. For individuals nearing 10 years of lawful residence, long residence ILR may also be an option.
Travel Considerations During Transitions
Traveling after your employment ends or while awaiting a new visa decision carries risks. Border officials may access your curtailment notice and deny re-entry as a Skilled Worker. If you qualify to use e-gates, you could re-enter as a visitor, limiting your permissions and activities in the UK.
Alternatively, you can exit the UK before your leave expires and apply for a new visa from abroad. This approach avoids overstaying, which could jeopardise future applications.
Reflections on a Skilled Worker’s Journey
Losing employment as a Skilled Worker can be a challenging experience, but the UK immigration system provides pathways for recovery and growth. Whether securing a new sponsor, transitioning to a new visa route, or considering long-term settlement options, understanding your rights and acting decisively are key.
Navigating this complex landscape is rarely straightforward, making professional legal advice an invaluable asset. Immigration law evolves, and ensuring compliance while exploring opportunities can safeguard your future in the UK.
If you find yourself at this crossroads, consult with an immigration solicitor to evaluate your options and chart the best course forward. Time is of the essence, but with the right guidance, the path to stability and success remains within reach.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.