The skilled worker visa allows skilled foreign nationals to work in the UK with an approved employer. In the case of changing employment, the person has to make an application to the Home Office to update his current visa.
Changing Job on a Skilled Worker Visa
If you are a holder of a skilled worker or old Tier 2 General visa, you need to notify the Home Office when changing employment to update your skilled worker visa accordingly. Once you have a work visa, it does not mean you can work for anyone you want.
A work visa is linked to your sponsorship by a specific sponsoring employer. The employer has to be on the Home Office’s Register of licenced sponsors to employ anyone in the UK on a sponsored work route.
However, that does not mean you have to work for the same employer until you are granted indefinite leave to remain. Switching jobs on a Skilled Worker visa can be an intricate process, don’t do it without taking legal advice first.
Circumstances That Require Updating Skilled Worker Visa
Relevant circumstances that require you to update the visa are as follows
- Changing job title or role
- Starting a new job with a new employer
- Changing job to a different SOC occupation code
- Leaving the job on the Shortage Occupation List (SOL) to start a job, not on the SOL
The Procedure for Changing Employment on a Skilled Worker Visa
A skilled worker visa holder will need the following to change employment
- An offer of employment from an employer holding a Skilled Worker Sponsor Licence to sponsor foreign nationals on skilled worker visas
- A certificate of Sponsorship given to you by the prospective employer
- A job title that satisfies the skilled worker visa eligibility criteria, for instance, the minimum salary threshold
- Make an application for the change of employment to the Home Office
In case the new employer does not possess a sponsor licence, then first make a sponsor licence application to make him eligible to recruit skilled worker visa applicants. The applicant cannot start a new job until the employer gets a Sponsor Licence and allocate a Certificate of Sponsorship to the employee.
Requirements For a Skilled Worker Change of Employment Application
Valid Certificate of Sponsorship
- A job offer at an appropriate skill level
- The new job title meets the minimum salary threshold
- English language requirements
- Sufficient funds
Promotions or Changes in Employment with the Same Employer
The applicant does not have to only notify the Home Office in the case of a complete change of employment. Submit an application to update your visa in the case of promotion, demotion, sideways transfer, job amalgamation, or others.
A new Skilled Worker visa application should be made in the following circumstances
- Change in core duties and the new role fall under a different Standard Occupational Classification (SOC) code
- If your previous job was on the Shortage Occupation list, changing it to a new role, not on the SOL
Starting a New Job on a Skilled Worker Visa
Until your new visa is sorted out, you can not take up employment with a new sponsor. If you do, it will have a negative impact on the outcome of your worker visa or future visa applications.
The employer should not let the worker start employment until the visa is updated as it will be a breach of working legislation.d
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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