Skilled Worker Route: The Impact of Employment Termination on Your UK Stay
Losing employment as a skilled worker in the UK can present significant challenges, especially for those on a Skilled Worker (Tier 2) visa. The implications of such a situation require quick decision-making, as visa status and future opportunities in the UK depend on how the transition is managed.
How Much Time Do I Have to Decide?
If you lose your job while on a UK Skilled Worker (Tier 2) visa, this means you no longer meet the conditions required to maintain lawful status in the UK under this visa type. When your employment ends – whether due to redundancy, resignation, or dismissal – your sponsor, as the holder of a sponsor licence, is legally obligated to notify UK Visas and Immigration (UKVI) within 10 working days. This notification, processed through the Sponsor Management System, informs UKVI that they will no longer be sponsoring your role. This report must be filed regardless of the reason.
Once UKVI receives this report of UK Tier 2 visa termination of employment, they will begin the process of curtailing your visa. Typically, this results in a 60-day curtailment period, giving you time to either secure a new role with sponsorship, switch to another visa route, or arrange to leave the UK. During this period, you may continue to remain in the country lawfully while seeking a new sponsor or making plans for departure. The 60-day period, however, will be shortened if your visa is set to expire sooner.
Following your employer’s notification, you should receive a formal letter from UKVI outlining your curtailed leave, which will clarify that your tier 2 visa validity after resignation or redundancy is now limited. The 60-day countdown will start from the date you receive this letter. In exceptional cases, UKVI may curtail leave immediately, but this is rare and typically only applied in situations where there are serious compliance breaches.
To stay in the UK, it’s best to begin seeking either a new job with sponsorship or exploring other visa routes as soon as possible.
Can I Switch to Another Visa Route?
If you need to stay in the UK, there are some options that allow you to do that without violating migration requirements. One of them is related to the search for a new suitable route for business immigration.
Among the options suitable for this issue, the following ones can be distinguished:
- If you are a talented, ambitious, promising specialist, then the Global Talent route is suitable for you. It should be borne in mind that there are restrictions on the fields of activity. Qualified employees in the field of science, medicine and technology are welcome. The fields of culture, digital technologies, and the humanities can also be considered.
- If the applicant is a highly qualified specialist and his skills meet the requirements of unique positions with a certain salary level, then his candidacy will be considered for the provision of a Scale-Up route.
- If you have the experience, knowledge and opportunities to open your own business in the UK, you can apply for the Innovator Founder route. But the candidate will have to submit an innovative business project with an economic justification, which must be approved by the supervisory authority.
If you do not meet the requirements of the above categories, do not despair. Alternatively, you may consider personal immigration routes like the Spouse visa, Unmarried Partner visa, or a Student visa.
Can I Stay on the Skilled Worker Route?
Yes, if you lose your job under the Skilled Worker or Tier 2 (General) visa, it may still be possible to stay on this route by securing a new position with a different employer who holds a sponsor licence. The new employer will need to provide a Certificate of sponsorship (CoS) confirming that the job meets the Skilled Worker visa’s eligibility requirements, including the appropriate skill level, genuine vacancy, and minimum salary threshold. You will then need to submit a new Skilled Worker visa application based on this CoS to obtain permission to work in the new role.
Alternatively, self-sponsorship may be an option. Although there isn’t a specific visa for self-sponsorship, you can establish a business in the UK, apply for a sponsor licence, and have your own business sponsor you under the Skilled Worker route.
It’s essential to apply before your current visa expires to avoid any gap in lawful residence. Once your application is submitted, section 3C of the Immigration Act 1971 automatically extends your existing permission to remain in the UK while awaiting a decision. However, during this period, you must not start working for the new employer or travel outside the UK, as this could lead to withdrawal of your application. UK Visas and Immigration (UKVI) typically provides a decision within eight weeks, allowing you to transition smoothly to your new sponsored role once approved.
A seamless transfer between employers allows you to maintain Tier 2 visa validity after resignation and support your ILR timeline.
Will This Impact My Indefinite Leave to Remain Application?
Yes, losing employment on a Skilled Worker visa can indeed affect your eligibility for Indefinite Leave to Remain (ILR). Typically, to qualify for ILR as a Skilled Worker, you must have accumulated a continuous 5-year period in the UK, which can include time under the Skilled Worker route, the former Tier 2 (General) route, or a combination of these paths.
To meet the ILR criteria, it’s essential that you continue to be sponsored by a licensed employer who can confirm your ongoing role and that you will receive the minimum salary level for the foreseeable future. Although a new Certificate of sponsorship isn’t needed for your ILR application, your employer must provide documentation, such as an email or letter, affirming your employment status. Should sponsorship end, securing another qualifying role with sponsorship is vital to prevent any gap in lawful residence that could disrupt your eligibility for ILR.
Switching to another visa category may also impact your ILR prospects. It’s essential to verify if the new visa category allows you to combine previous residence under the Skilled Worker route toward your ILR. Alternatively, if you meet the criteria for long-term residence (typically 10 years of lawful residency), you may also become eligible for ILR based on that continuous presence in the UK.
Can I Travel in the Meantime?
If your employment has ended, traveling abroad on a Skilled Worker visa can be complex. Since the visa is tied to active employment, leaving the UK may result in complications, such as refusal of re-entry if your sponsorship has been withdrawn. Travel is usually not advisable until you have secured either new sponsorship or an alternative visa, ensuring you retain a valid right of return to the UK.
What Happens to My Dependants if I Lose a Job on a Skilled Worker Visa?
The immigration status of dependants, such as spouses and children, is directly linked to that of the primary Skilled Worker visa holder. If your visa is curtailed or you switch to a new visa type, your dependants’ visas will also need adjustment. In most cases, dependants can apply to stay in the UK as your visa situation changes, but their right to remain will depend on your visa status and the requirements of the visa route you choose next.
How Can We Help?
We are confident that by using professional legal assistance, it is possible to reduce the risks when applying for new immigration routes after losing a sponsored job. Sterling Law provides services for applying for a route change or obtaining a new qualification. Our lawyers will make sure that you receive the necessary information support at all stages.
