By Isabella Reynard – Immigration Barrister
In This Article
1. Introduction to the Skilled Worker Route
2. I Am A Skilled Worker, How Long Do I Have to Decide What To Do?
3. Can I Switch to Another Visa Route?
4. Can I Stay on the Skilled Worker Route?
5. Will This Impact My Indefinite Leave to Remain Application?
6. Can I Travel in the Meantime?
7. Contact Our Immigration Barristers
8. Frequently Asked Questions
9. Glossary
10. Additional Resources
1. Introduction to the Expert Employee Route
If you’re at the moment on the Skilled Worker route, your permission to be within the UK depends in your employment, with the identical employer and in the identical function. That is additionally the case if you happen to nonetheless have legitimate permission beneath the historic Tier 2 (Basic) employee route.
Due to this fact, in case your employment ends this may affect your permission to remain within the UK. The affect in your permission is similar irrespective of how your employment was terminated.
2. I Am A Expert Employee, How Lengthy Do I Need to Resolve What To Do?
Your employer, because the holder of a sponsor licence, might want to report that they’ve stopped sponsoring you as a employee to UK Visas and Immigration inside 10 working days of termination of employment. That is finished utilizing the Sponsor Administration System.
The employer would want to report this transformation for any cause that they’ve ceased to sponsor the employee, together with the next examples (from the employer’s perspective):
- you develop into conscious the employee’s software for entry clearance or permission has been refused, or their permission has been cancelled, and any administrative evaluation of, or attraction towards, that call has lastly been decided
- the employee decides to not take up the put up, otherwise you withdraw the job provide
- the employee’s contract of employment or contract for providers ends sooner than the date proven on their CoS
- any skilled registration or accreditation the employee is legally required to carry to work within the UK of their sponsored employment (corresponding to GMC registration for a physician) is withdrawn
- the employee is absent from work with out pay, or on lowered pay, for greater than 4 weeks and this absence will not be coated by any of the exceptions laid out in part S4 of Half 2: Sponsor a employee •
- you develop into conscious the employee has been granted settlement (indefinite go away to stay), or permission on an immigration route that doesn’t require sponsorship
- the employee resigns or is dismissed, or is made redundant
- we inform you a change within the particulars of the employee’s employment or wage you might have reported will not be permitted
Please be aware that there are extra duties for Sponsors referring to offshore staff.
Your permission on the Expert Employee route can then be cancelled or curtailed as you’d stop to satisfy the necessities of the Immigration Guidelines beneath which you have been granted. That is the case if, for instance:
- You don’t begin working on your sponsor; or
- You or your sponsor affirm that your employment, volunteering, coaching or job shadowing has ceased or will stop earlier than the top date recorded on the Certificates of Sponsorship; or
- The beginning date for the job, as recorded within the Certificates of Sponsorship, is delayed by greater than 28 days; or
- You stop to work on your sponsor.
Following this, you’ll obtain a letter cancelling or curbing your go away which units out that you’ve got usually 60 days following the top of your employment to make preparations, or till the top of your visa, typically whichever is shorter. The 60 days will begin from receipt of this letter. In some circumstances, go away might be cancelled instantly however this is able to be in distinctive circumstances.
Usually, it’s best to search for a brand new job or appropriate immigration route as a matter of urgency if you happen to want to keep within the UK.
3. Can I Change to One other Visa Route?
There are numerous enterprise immigration routes you could want to think about, relying in your circumstances, together with:
- Global Talent route – that is for proficient or promising people working within the fields of science, engineering, medication, humanities, digital know-how and humanities and tradition.
- Scale-Up route – this requires sponsorship from an organization with a Scale-up sponsorship, a extremely expert job provide on the required wage stage
- Innovator Founder route – that is for these wishing to ascertain a enterprise within the UK. You would want an modern, viable and scalable enterprise concept to achieve endorsement from an endorsing physique.
You may additionally want to think about a private immigration route, together with the spouse route, unmarried partner route or a student visa.
4. Can I Keep on the Expert Employee Route?
You could possibly keep on the Skilled Worker route by discovering a brand new employer keen to sponsor you. The employer will want a sponsor licence and they need to problem and allocate you a certificates of sponsorship. You possibly can then make the immigration software to acquire permission to work in your new job.
You would want to display that the job is a real emptiness, on the acceptable talent stage and that it meets the wage necessities. You could find additional data on the eligibility necessities for the Expert Employee route in our article UK Skilled Worker visa.
It’s also price noting that it’s potential to arrange a enterprise within the UK, or if you happen to personal an current one, which might sponsor you, referred to as self-sponsorship beneath the Expert Employee route. The corporate would want to first get hold of a sponsor licence.
Whether or not you’re staying on the identical route or switching to a different, it’s essential that the applying is submitted previous to the expiry of your current permission. As soon as the applying is submitted, your permission is robotically prolonged beneath section 3C of the Immigration Act 1971, till a choice is made.
5. Will This Affect My Indefinite Depart to Stay Utility?
Sure, it might affect your prospects of making use of for indefinite leave to remain. You possibly can apply for indefinite go away to stay in case you have been within the UK for a 5 12 months steady interval as a Expert Employee or beneath the historic Tier 2 (normal) work route. This time might be spent on a mix of the 2 aforementioned routes, and different specified routes.
To use for indefinite leave to remain as a Skilled Worker, your employer, who continues to sponsor you, should affirm you’re nonetheless required to work for them and will likely be paid a minimal wage for the foreseeable future. This is able to subsequently be difficult to acquire ought to sponsorship stop.
In the event you swap to a different route, it is best to verify whether or not you possibly can mix your time spent within the UK with permission beneath the Expert Employee path to rely in the direction of a settlement software. Alternatively, you could ultimately be eligible for indefinite go away to stay on the idea of long residence.
6. Can I Journey within the Meantime?
When you’ve got submitted an immigration software, it’s not advisable to journey due to the added aspect of threat when returning relying on the timings. For instance, a Border Officer might entry your cancellation letter and never allow you re-entry to the UK as a employee. Additional data might be discovered in our article about travelling outdoors the UK whereas ready for an immigration resolution.
If you’re eligible to re-enter the UK utilizing the e-gates, you’ll be getting into as a customer as soon as your sponsorship has ended. As a customer, your situations of permission within the UK are completely different to that of a Expert Employee.
There may be in fact the choice to go away the UK. This ought to be finished previous to your current permission expiring to keep away from overstaying. It might then be potential to make an entry clearance software at a later stage.
For professional recommendation and help in relation to choices following shedding a sponsored job, together with an additional Skilled Worker application or switching routes, contact our immigration barristers in London on 0203 617 9173 or by way of the enquiry type beneath.
What occurs if my employment ends whereas I’m on the Expert Employee route?
In case your employment ends, your permission to remain within the UK could also be affected. Your employer should report the termination to UK Visas and Immigration (UKVI) inside 10 working days. Your visa might then be curtailed or canceled, and also you’ll usually have 60 days to make preparations, corresponding to discovering a brand new job or switching visa routes.
How lengthy do I’ve to remain within the UK after shedding my job?
After your employment ends, UKVI will usually provide you with 60 days from the date of receiving the curtailment/cancellation letter to discover a new job, apply for a distinct immigration route, or go away the UK. In case your visa expires sooner, you should go away by the expiration date.
Can I swap to a different visa route after shedding my job?
Sure, you possibly can swap to different immigration routes such because the World Expertise, Scale-Up, or Innovator Founder routes. You too can think about private immigration routes like a partner visa or scholar visa, relying in your circumstances.
Can I keep on the Expert Employee route with a brand new employer?
Sure, if you happen to discover a new employer keen to sponsor you, they need to maintain a sponsor licence and problem a brand new Certificates of Sponsorship (CoS). You possibly can then apply to proceed working beneath the Expert Employee route, supplied the job meets talent and wage necessities.
Will shedding my job have an effect on my software for Indefinite Depart to Stay (ILR)?
Sure, shedding your job might affect your eligibility for ILR. To use for ILR beneath the Expert Employee route, you want steady employment with sponsorship. In the event you swap to a different route, you should verify in case your time on the Expert Employee visa counts in the direction of settlement.
Can I interact in supplementary work after shedding my principal job?
No, as soon as your principal employment beneath the Expert Employee route ends, you’re not allowed to hold out supplementary or secondary employment.
What’s the affect of termination on my skill to journey?
In case your visa is being curtailed otherwise you’ve utilized for a brand new visa, it’s dangerous to journey. Border officers might deny re-entry to the UK, particularly in case your sponsorship has ended. Re-entry might solely be potential as a customer, which carries completely different situations than the Expert Employee route.
Can I begin my very own enterprise beneath the Expert Employee route?
Sure, beneath the self-sponsorship choice, you possibly can arrange or use an current enterprise to sponsor your self for a Expert Employee visa. The enterprise should first get hold of a sponsor licence.
What ought to I do if my employer doesn’t sponsor me anymore?
In case your employer not sponsors you, it is best to act rapidly. You could find a brand new sponsor, swap to a different visa route, or go away the UK earlier than your visa expires to keep away from overstaying.
What’s the Sponsor Administration System?
The Sponsor Administration System is an internet platform that licensed employers use to handle their sponsorship duties, corresponding to reporting modifications within the employment of sponsored staff to UK Visas and Immigration.
Expert Employee route: A UK immigration pathway that enables people to work within the UK if they’ve a job provide from a licensed sponsor and meet the related talent and wage necessities.
Sponsor licence: A license granted by UK Visas and Immigration (UKVI) to employers permitting them to sponsor abroad staff beneath the Expert Employee route.
UK Visas and Immigration (UKVI): The division of the UK Dwelling Workplace accountable for managing immigration functions and visas for the UK.
Sponsor Administration System: An internet system utilized by employers with sponsor licenses to handle their sponsorship duties, together with reporting modifications in employment standing.
Certificates of Sponsorship (CoS): A digital certificates issued by a UK employer with a sponsor licence, enabling a person to use for a visa or permission to work within the UK.
Indefinite Depart to Stay (ILR): The correct to stay and work within the UK with out time restrictions, also known as everlasting residency.
Tier 2 (Basic) employee route: A earlier UK immigration route, now changed by the Expert Employee route, which allowed expert staff to work within the UK beneath a sponsored job provide.
Immigration Guidelines: The authorized framework governing immigration, visas, and residency within the UK.
Curtailment: The method of ending somebody’s immigration permission to remain within the UK earlier than the unique expiry date.
World Expertise route: An immigration route for extremely proficient people in particular fields corresponding to science, know-how, and humanities, permitting them to work within the UK while not having sponsorship.
Scale-Up route: An immigration route for people working for fast-growing UK companies, providing expert jobs with excessive wage necessities.
Innovator Founder route: A visa route for people trying to set up an modern, viable, and scalable enterprise within the UK.
Self-sponsorship: A course of the place a person units up a enterprise within the UK, or makes use of an current one, to sponsor their very own Expert Employee visa.
Part 3C of the Immigration Act 1971: A authorized provision that extends a person’s permission to remain within the UK whereas their immigration software is being determined.
Supplementary work: Extra work a Expert Employee can interact in alongside their major sponsored employment, topic to sure restrictions.
Settlement software: An software for everlasting residency or Indefinite Depart to Stay (ILR) within the UK after assembly sure standards, corresponding to steady residence for a specified interval.
Lengthy residence: An immigration route that enables people to use for ILR if they’ve lived within the UK repeatedly for 10 years, amongst different necessities.
E-gates: Automated border management gates that permit eligible passengers, corresponding to UK and EU passport holders, to enter the UK with out interacting with a border officer.
Entry clearance software: A visa software made out of outdoors the UK to achieve permission to enter the UK for work, examine, or different functions.
Residents Recommendation supplies free, confidential recommendation on a variety of points, together with employment rights, advantages, and coping with redundancy or job loss.
ACAS (Advisory, Conciliation and Arbitration Service)
ACAS provides recommendation on office disputes, employment rights, and redundancy. It additionally supplies mediation providers to resolve disputes with employers.
Turn2us: Financial Help and Benefits
Turn2us is a charity that helps individuals in monetary hardship entry welfare advantages, charitable grants, and different assist.
A authorities service that gives employment assist, job search help, and advantages for individuals who are unemployed.
Dropping a job might be worrying, and Thoughts provides sources and assist for coping with psychological well being challenges associated to unemployment and different life modifications.
This service provides free and neutral recommendation on managing money, coping with debt, and budgeting after shedding a job.
The Nationwide Careers Service supplies recommendation on job looking, CV writing, interview preparation, and profession planning, with sources to help individuals get again into work.
The Prince’s Belief provides assist and coaching for younger individuals (aged 11 to 30) trying to develop abilities, begin a enterprise, or discover employment after shedding a job.
Reed provides job search instruments, profession recommendation, and on-line programs to help individuals re-enter the workforce or swap profession paths.
For people who’re scuffling with debt after shedding their job, StepChange supplies free debt recommendation and options.
