If you are in the UK on a Skilled Worker visa and your employer has given notice of termination, it is natural to feel uncertain about your future. This blog explains what happens to your visa, what options are available, and what steps you should take to protect your immigration status if your skilled worker visa job is at risk.
What happens to my Skilled Worker visa if I lose my job in the UK?
Your Skilled Worker visa is tied to your employment with your sponsoring employer. If your job ends, this may affect your immigration status. Your employer is legally obliged to notify the Home Office once your employment ends. Following this, the Home Office may curtail your visa, typically giving you a 60-day period to take action.
Do I have to leave the UK immediately after my job ends on a Skilled Worker visa?
No, you do not have to leave immediately. You will usually be given 60 days to either find a new sponsor, apply for a different visa route, or leave the UK. The 60-day countdown begins from the date you receive a curtailment letter or email from UKVI.
Can I stay in the UK after my employment ends if my Skilled Worker visa is still valid?
You may remain in the UK during the 60-day curtailment period if your visa is curtailed. However, unless you find a new sponsor or switch to another valid immigration category, you must leave the UK by the end of that period to avoid overstaying.
Can I change employers on a Skilled Worker visa after being made redundant?
Yes, but you will need to make a new Skilled Worker visa application with your new employer. This includes obtaining a new Certificate of Sponsorship (CoS) and ensuring the role meets the salary and skill level requirements. You cannot begin working for the new employer until your visa has been approved.
Can I start working for a new employer before my new Skilled Worker visa is approved?
No. Even if you apply before your current visa expires, you must wait until your new Skilled Worker visa is granted before starting work with a new employer. Working before receiving a decision could result in a breach of your visa conditions.
Do I need to leave the UK to apply for a new Skilled Worker visa?
Not necessarily. If you apply from within the UK before your current leave expires, you may remain in the UK while your new application is being processed. However, you must not travel outside the UK while awaiting a decision, as doing so will result in your application being withdrawn.
Will my family’s visas be cancelled if my Skilled Worker visa is curtailed?
Yes. If your Skilled Worker visa is curtailed, your dependants’ visas will usually be curtailed as well. They will be expected to leave the UK unless you are granted a new visa or switch to another eligible visa route.
Do my dependants need to apply for a new visa if I change employer or visa route?
If you are granted a new visa, such as switching to a new Skilled Worker visa with a different employer, your dependants may also need to make a new application to remain in the UK under the dependant route linked to your new visa.
Does time already spent on a Skilled Worker visa count towards Indefinite Leave to Remain (ILR) if I switch jobs?
Yes, time spent under the Skilled Worker route (and its predecessor, Tier 2 General) can be combined to count towards the five-year continuous residence requirement for ILR under the Skilled Worker route. However, you must not have had any gaps in lawful residence, and you must continue to meet the salary and sponsorship requirements at the time of applying.
Can I switch from a Skilled Worker visa to another UK visa category?
Yes, during the 60-day period, you may apply to switch to another visa category from within the UK, provided you meet the eligibility requirements. Possible routes include the Global Talent, Innovator Founder, Student, or Partner visa routes. The key requirement is to submit your application before your current visa expires or before the curtailment period ends.
What happens if I stay in the UK after the 60-day visa curtailment period ends?
If you remain in the UK after the 60-day period without making a valid application, you will be considered an overstayer. This could negatively impact any future UK visa applications and your ability to return to the UK. It is vital to act within the curtailment period to maintain lawful status.
Can I still apply for Indefinite Leave to Remain (ILR) if my employer has given me notice of termination?
To qualify for ILR as a Skilled Worker, you must still be employed by a licensed sponsor at the time of your application, and your employer must confirm that you are required to continue working for them and will be paid the appropriate salary. If your employment is ending, you will likely not meet this requirement. Therefore, losing your job may prevent you from applying for ILR unless you secure a new qualifying role and continue your lawful residence under the Skilled Worker.
Final Thoughts
Losing your job while on a Skilled Worker visa can impact your ability to remain in the UK. As soon as you are informed that your employment will be terminated, it is important to begin planning and exploring your options. Seeking professional legal advice early on is strongly recommended, as there may be important details and opportunities specific to your case that could affect the outcome.
If you are considering switching to an alternative visa route from within the UK and need tailored advice, our team of immigration specialists is here to help. Whether you are exploring the Skilled Worker, Innovator Founder, or other visa options, we can guide you through every step of the process. Contact us today to begin planning your transition and secure your future in the UK.
