Changing employer on Skilled Worker visa

Changing employer on a Skilled Worker visa:

Yes, you can change employer while on a Skilled Worker visa, but you cannot simply resign from one job and start another. You must follow a specific process, and there are important rules to be aware of.

The core rule:

Your Skilled Worker visa is tied to the specific employer (sponsor) named on your Certificate of Sponsorship (CoS). You are not free to work for any employer you choose. If you want to move to a new employer, you must make a new visa application before you start work with that new employer.

The process:

1. Your new employer must hold a valid sponsor licence.

2. The new employer must assign you a new Certificate of Sponsorship for the role they are offering you.

3. You must submit a fresh Skilled Worker visa application (technically an application to change your conditions of leave) to the Home Office, based on the new CoS. This is sometimes called a "change of employment" application.

4. You must not start working for the new employer until your new application has been decided and granted. Working for a new sponsor without permission is a breach of your visa conditions and could have serious consequences, including curtailment of your leave and difficulties with future applications.

5. There is no requirement to wait until your current visa expires. You can apply at any time during your existing leave, provided you have a valid CoS from the new sponsor.

Key points to keep in mind:

The new role must itself meet all the requirements for a Skilled Worker visa, including the appropriate skill level and minimum salary threshold for that occupation code. The salary thresholds were updated in April 2024, so the new role will need to meet the current rates unless a transitional provision applies to you.

You will need to pay the application fee and, in most cases, the Immigration Health Surcharge again, though you may receive a partial refund for unused time on your previous IHS payment.

Your new employer may also need to pay the Immigration Skills Charge for the period of sponsorship.

Your continuous residence in the UK is not broken by switching sponsors, which is relevant if you are building up qualifying time towards indefinite leave to remain (settlement). However, if the new role is in a different occupation code, or the salary is different, this could affect the route you are on and the applicable requirements at the settlement stage.

If you are made redundant or your employment ends before you find a new sponsor, you have a limited period in which to find new sponsorship or make other arrangements. Since the changes introduced in recent years, the Home Office has generally allowed a period of around 60 days (or until your visa expires, whichever is shorter) before taking action to curtail your leave.

Practical suggestions:

It is sensible to secure the new CoS and have your application submitted (or ideally decided) before handing in your notice with your current employer, wherever possible. This avoids a gap during which you have no valid sponsorship.

Check whether the new employer's sponsor licence is active and that they are experienced in sponsoring workers, as delays on their side could leave you in a difficult position.

If there is any doubt about whether the new role qualifies, or if your circumstances are complex (for example, if you have dependants on your visa, or if you are close to qualifying for settlement), it is worth getting the details checked carefully before committing to the move.