ArticleJob Loss on a Skilled Worker Visa: Your Next Steps

For anyone, losing a job is devastating. But for those in the UK on a Skilled Worker Visa, the stakes are far higher. The loss of employment doesn’t just mean a financial and professional setback—it could result in you and your family being required to leave the UK. This article provides a comprehensive guide for Skilled Worker Visa holders to understand the implications of losing their job and the options available to stay compliant with immigration laws.

The Immediate Consequences of Job Loss

Under the Skilled Worker Visa rules, your employer is required to notify the Home Office of your employment termination within 10 working days. This report is filed through the Sponsor Management System and triggers the process of visa curtailment. The Home Office will typically issue a curtailment letter, giving you a grace period—usually 60 days—to either leave the UK, find new sponsorship, or switch to another visa category.

However, this period can be shorter in some cases, such as if your visa is already set to expire in less than 60 days. It’s essential to act quickly, as failure to do so may lead to overstaying, which has severe consequences for your immigration record and future visa applications.

Understanding Visa Curtailment

Once your Skilled Worker Visa is curtailed:

• You must stop working immediately, even in supplementary employment.
• Any dependants under your visa are also affected, and they too must either leave the UK or switch to another visa route.
• If you leave the UK during the curtailment period, you risk being denied re-entry.

Ignoring a curtailment letter is not an option. Proactive steps are required to safeguard your immigration status.

Exploring Visa Options

If you wish to remain in the UK, you need to act swiftly. Here are your main options:

1. Find a New Sponsoring Employer Skilled Worker Visa holders can apply for new jobs with licensed sponsors. Employers must provide a new Certificate of Sponsorship, and the job must meet specific criteria, including:
   • Being a genuine vacancy.
   • Falling under a Standard Occupational Classification (SOC) code.
   • Meeting the salary threshold (the higher of £26,200 per year or £10.75 per hour, or the “going rate” for the job).
2. Switch to Another Visa Skilled Worker Visa holders may switch to another visa type if eligible, such as:
   • Spouse Visa: For those married to a British citizen or someone with settled status.
   • Scale-up Visa: If you meet the criteria, such as working for a high-growth employer.
   • Start-up or Innovator Visa: For those planning to start a business in the UK.
3. Apply for Indefinite Leave to Remain (ILR) If you’re nearing five years of residency and meet the criteria, you may apply for ILR. However, this is only viable if you have continuous sponsorship or meet alternative eligibility requirements.

The Intersection of Employment and Immigration Law

Some Skilled Worker Visa holders may consider challenging their dismissal. While UK employment law allows claims like unfair dismissal after two years of employment, claims for discrimination can be made from day one. Nationality and race are protected characteristics under the Equality Act, but immigration-related bias is not explicitly covered. The distinction can be subtle and challenging to prove without legal advice.

Even if you win an employment tribunal case, it doesn’t pause the Home Office’s curtailment of your visa. This makes it vital to address immigration concerns parallel to any employment disputes.

The Role of Employers

Employers play a pivotal role in this process. Failure to report job terminations to the Home Office can put their sponsor licence at risk, potentially affecting all their sponsored workers. While it may be tempting for employers to delay reporting, the repercussions for non-compliance are severe, including licence revocation.

Avoiding Overstayer Status

If you do not act during the curtailment period and remain in the UK beyond your visa’s expiry, you will become an overstayer. This status can:

• Damage your immigration record, complicating future visa applications.
• Make it harder to secure re-entry clearance into the UK after leaving.
• Affect any pending visa applications.

Key Takeaways for Skilled Worker Visa Holders

Losing your job on a Skilled Worker Visa is undoubtedly a stressful and complex situation. However, with prompt action and the right advice, it’s possible to navigate this challenge effectively.

1. Act Quickly: Use the 60-day curtailment period wisely to explore new job opportunities or alternative visa routes.
2. Seek Professional Advice: Specialist immigration solicitors can guide you through the legal and immigration maze, ensuring you remain compliant.
3. Plan for Dependants: Ensure your family’s visa status is addressed alongside yours.
4. Avoid Overstaying: This can have lasting consequences for your ability to live, work, or even visit the UK in the future.

Final Thoughts

While losing your job is a significant setback, it doesn’t necessarily mean the end of your time in the UK. The key is to stay informed, act promptly, and seek advice from experienced legal professionals. Skilled Worker Visa holders bring valuable expertise to the UK, and with the right guidance, many can find a pathway to remain, whether through new employment, visa switching, or settlement.

For tailored advice and assistance, consult a specialist immigration solicitor who can help you secure your future in the UK. Time is of the essence, but so too is careful planning.