Skilled Worker Change of Employment: FAQs
In This Article
We have published various posts and articles relating to the Skilled Worker Visa, including Skilled Worker Visa Salary Rates and Skilled Worker Visa – Evidence of Recruitment. In this article, we look at a selection of questions frequently asked by Skilled Worker migrants when changing employment.
1. Can a Skilled Worker Visa Holder Change Employers?
Yes, but if you are going to change employers, you will need to submit a new Skilled Worker application providing the details of your new sponsor. Your new sponsor must be on the Home Office’s Register of licensed sponsors and have a Skilled Worker Sponsor Licence. You must also have a valid Certificate of Sponsorship (‘CoS’) from your new sponsor holding a valid Skilled Worker Sponsor Licence.
The Home Office has recently introduced Part Suitability into the Immigration Rules, in place of Part 9 and they set out circumstances where a Skilled Worker may not need to submit a new application where they have changed jobs. An incorrect change of employment application may cancel your permission and you may wish to seek legal advice before doing so.
2. What if My New Employer Does Not Have a Skilled Worker Sponsor Licence?
If your new employer does not have a sponsor licence, they will need to make a Skilled Worker Sponsor Licence application. We have a dedicated guide for employers on applying for a Skilled Worker Sponsor Licence and have also published an article on How To Apply For A Skilled Worker Sponsor Licence, both of which discuss the criteria and evidence required.
Sponsor Licence applications are usually processed within 8 weeks. There is a priority service where applications are considered within 10 working days. The fee for the priority service is £750 per request and this request can be made when you submit the sponsor licence application.
3. Can I Stay With the Same Employer but in a Different Role?
Yes but you may need to make a new visa application if your core duties have changed and your new role has a different Standard Occupational Classification (SOC) code to the one stated on your original CoS or you changed your job that was on the Appendix Immigration Salary List to one that is not on the List.
There are situations where a Skilled Worker may not need to make a change of employment application, e.g., their salary was reduced during a period of absence of less than 4 weeks in a calendar year or they would still meet the requirements in a new Skilled Worker application and score 70 points even if their salary is reduced.
4. When Should I Resign From My Current Role?
It is important to carefully plan the timeframe for your resignation (taking into account any notice period), and your change of employment application, to provide your new employer with a realistic start date. You can continue to work in your current job while a decision is being made on your new application or to work out your contractual period, provided you apply before your current permission expires. Your new application must be approved before you can start your new job.
If you cease to be employed by your Skilled Worker Sponsor, your permission as a Skilled Worker may be cancelled by the Home Office. For further information, please see our article on Curtailment of Leave to Remain.
If you would like advice as to whether it is possible to make a change of employment application prior to resigning, any associated risks, and advice as to the relevant timeframe in relation to your personal circumstances, please contact our immigration barristers.
5. What Are the Requirements for a Skilled Worker Change of Employment Application?
The requirements when changing your Skilled Worker visa qualifying employment are having a valid Certificate of Sponsorship and meeting the minimum salary requirement. Your job offer must be at an appropriate skill level and you must meet the English language requirement. If you have been in the UK for less than 12 months, you must meet the maintenance requirement either by having sufficient funds or your employer certify the maintenance on the CoS.
For further information, please see How to Apply for a UK Skilled Worker Visa.
6. Other Relevant Information for a Change of Employment Application
The current published processing time for a Skilled Worker change of employment application is 8 weeks. You may be eligible to pay for a fee to get a faster decision. The priority service is an extra £500 where you will usually get a decision within 5 working days or £1,000 for super priority service with a decision on the next working day. If you attend at a visa centre, the processing time will start the next day after your appointment.
When applying in the UK, the Skilled Worker application visa fees are £885 per person for up to 3 years or £1,751per person for more than 3 years.
It is worth noting that there is no maximum time in the Skilled Worker route and you can extend your visa as long as you meet the requirements.
7. When Can I Apply for Settlement as a Skilled Worker Following a Change of Employment?
The Home Secretary published ‘A Fairer Pathway to Settlement’ detailing the consultation process which will run until February 2026. It proposes an earned settlement system so that applicants contribute to UK society and proposes to increase the qualifying period from the current 5 years to 10 years.
The current requirements for ILR remain that you must not have been outside the UK for more than 180 days in any 12-month period of the 5-year continuous period. You must have passed the Life in the UK test (unless you are over the age of 65 or have a disability). It is also essential that your employer still requires you to work for them for the foreseeable future and your sponsor is still on the Home Office’s list of approved sponsors. You must meet the general salary and going rate requirements.
8. Contact Our Immigration Barristers
For expert advice and assistance in relation to a Skilled Worker change of employment application, contact our business immigration barristers in London on 0203 617 9173 or via the enquiry form below.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
