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Losing Your Job While in the UK on a Skilled Worker Visa

If you’ve been living in the UK on a skilled worker visa and have just lost your job, don’t panic! You can do several things to protect your visa status and maintain your ability to stay in the UK.

Contact our expert immigration lawyers in person for professional advice. You can also reach us on 020 4502 8582 or online for immediate help & assistance with your situation.

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    What Happens to my Skilled Worker Visa after Being Fired?

    If you have been dismissed or made redundant from your job, your employer must inform the Home Office so your visa can be curtailed (ended). You will be given 28 days’ notice if this is the case.

    Losing your job, changing job/employer, starting a job with a different occupation code, and switching from a role on the shortage occupation list to a job not on the shortage occupation list, warrants actions from skilled worker Visa holders.

    If you lose your job or any of the above, you are technically not meeting the initial skilled worker visa requirements and must report to the Home Office.

    If you find another job with a company that sponsor overseas workers before your visa is curtailed, your new employer can assign a new Certificate of Sponsorship to you as long as the job role meets the Home Office requirements. You will then be issued a new Biometric Residence Permit.

    It is important to note that if you are made redundant, you may only look for jobs that are at the same skill level or above the job that you originally came to the UK to do.

    If you want to change jobs after being made redundant, you must apply for a new visa. Also, you must apply for a new skilled worker visa if your job description changes, even with the same employer or current job.

    This can be done by switching to a Tier 2 (General) visa within 60 days of losing your job. You will need a new Certificate of Sponsorship from your new employer and will also have to meet the other eligibility criteria for a Tier 2 (General) visa.

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    What Happens to My Skilled Worker Visa After Resigning?

    When an individual with a skilled worker visa tenders their resignation, they become responsible for reporting this decision to the UK Visas and immigration. If that’s your case, you should send a copy of your resignation, including the date you intend to leave the organisation, as well as notify your employer, who will have 10 days to do the same.

    Although you may not be required to leave for 60 days, it is advisable that you begin making plans to do so as soon as possible. This shows both parties (you and your employer) are taking your responsibilities seriously and adhering to immigration laws.

    You should seek immigration law advice to ensure you aren’t breaking immigration rules that might work against you in future visa applications.

    Do I have to leave the UK?

    As a foreign national on a skilled worker visa, you normally have about two and a half years to work in the UK. However, if you lose your job or resign, your allowed stay in the UK will be shortened.

    You will have just 60 days to leave the UK or until your visa expires, depending on the one that comes first. If you desire to remain in the UK, it means you have two months to ensure you remain in the UK.

    First, your employer must inform the Home Office that your employment status has changed. This must be done within 10 days before your final day of work.

    The Home Office is then going to communicate to you the details of shortened leave conditions. From when you receive this communication, the 60 days you have begins to count.

    If you truly desire to remain and continue to work in the UK, you need to apply for a new visa. You must meet all the eligibility requirements you met to get the initial visa. You must have a job offer from an organisation with a license to sponsor.

    Without another job offer, getting new skilled worker visas is impossible. If a company without a license to sponsor grants you a job offer, it is still possible for the organisation to receive a licence within the 60 days.

    However, going to be extremely difficult because the process of getting a licence can take a long time. The organisation can also seek advice on immigration law if they wish to apply for the licence.

    If the organisation gets their licence within the 60 days you have, and you receive a job offer for a role that matches the required salary, you can make a new application.

    If you desire, you can also continue to work with your current employer and finish the period of your notice while a new application is being made.

    However, you must not start the new job until you have gotten a decision on the new application made.

    Once your application is being processed, you won’t be asked to leave the UK. Failure to comply with these rules may affect future visa applications.

    Eligibility Requirements for Switching Employers Skilled Worker Visa

    To apply for a new skilled worker visa, you will still need to meet the eligibility requirements you had previously met. To stay reminded, the major requirements are:

    • Show proof of funds sufficient to support yourself while in the UK.
    • Demonstrate English language skills of up to B1 level through degree qualifications or a language test.
    • On an eligible role that has an occupation code.
    • Meet up with the minimum salary requirement of £10.10 per hour, £25,600 per year, or the minimum salary threshold for the role – depending on the one that is highest for that role.
    • Work for a UK employer or organisation that is registered and has a sponsor licence for the sponsoring of foreign workers to come and work in the UK.

    When you are making your reapplication for the skilled worker visa, there are a couple of supporting evidence that you will need to provide if you have spent less than a year in the UK.

    You are going to be informed on the exact supporting documents that you will need to submit during your online application. It is necessary to have the following documents for your application:

    • Occupation code
    • Salary and Job title
    • Details of employer (sponsor licence number and name)
    • Certificate of Sponsorship reference number
    • Proof of identity (Since you already have your biometric residence permit, you can simply scan your identity document on the UKVI ID check app.

    What If I Can’t Get a New Job To Make A New Skilled Worker Visa Application?

    You may be unable to reapply for the skilled worker visa due to circumstances but still want to remain in the UK.

    There is the probability of you switching visas and applying for an entirely different visa while you are still in the UK.

    However, you must prepare and submit any new application as soon as possible before your 60 days run out.

    Some of the visas you could potentially apply for include:

    • Student Visa: starting a course of study at any registered university or college makes you eligible for a long-term or short-term student visa. So, if you can, apply for a study programme before the expiration of your 60 days leave.
    • Partner Visa: if your partner is a settled person in the UK or a British citizen and you plan to get married, you can apply for the Fiancé visa.

    It grants you six months leave for you to marry your partner. After you marry them, you can apply for the Spouse visa. If you are currently married to your partner, you can move straight to the Spouse Visa.

    Note: you must meet all the eligibility requirements of the above visas when switching to them.

    Do you need help with Losing Your Job While in the UK on a Skilled Worker Visa, our team can help? Contact us

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      How Can We help?

      Quitting your job, losing your job or any other form of employment change while you are on the skilled worker visa can cause great stress and even disrupt your life plans. Deciding on the best option among the many available options can be confusing, especially when you have no deep understanding of immigration laws. There is also the worry of ignorantly breaking the UK immigration rules.

      This is where we come in, as we can help you present the best-skilled worker visa application. We have an army of professional immigration lawyers who understand the immigration laws of the UK.

      With us on your side, you have nothing to worry about, as we will provide you with information to secure your skilled worker visa. Whether you are in London, other parts of the UK or even oversea, we are ready to assist you physically and remotely. You can reach us on 020 4502 8582 for immediate help & assistance with your situation.

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