Can you change jobs or employers while on a Skilled Worker Visa?

It is possible to change jobs or employers on a UK Skilled Worker visa. You will need to apply to update your Skilled Worker visa if you wish to:

change to a new role with a different employer
change to a job with a different SOC (this only applies if you are not currently on a graduate training programme)
change from a job on the shortage occupation list (SOL) to a job that is not on the SOL – this is because your visa would have been granted on the basis that you were filling a role for which there are known shortages of suitable staff in the UK.

The only exception to this is if you are transferring to a new employer under Transfer of Undertakings (Protection of Employment) (TUPE) – whereby your employment moves to a new owner/business because they have merged or been purchased.

Changing Jobs with the same employer

If you plan to change to a different job with your current employer, you will not need to submit a change of employment application if:

your new job has the same SOC code as your current job
both your current and new jobs are on the Shortage Occupation List
you still score 70 points under the Skilled Worker application process (as you would when you applied in the first place) – even if your salary has been reduced.

In all other cases, you will need to apply to update your Skilled Worker Visa as well.

Please note: this article is intended for informational purposes only and should not be considered legal advice. If you have any questions about your Skilled Worker Visa, please contact our Skilled Worker Visa lawyers at 02037442797

Skilled Worker Visa requirements when changing jobs or employers

If you need to submit a change of job or employer application to the Home Office, you will need to meet the general eligibility requirements for a Skilled Worker visa, as you would have when you first applied, such as:

the minimum salary requirement (see below for more details)
have a job on the list of eligible occupations¹
meet the English language requirements
not meet any of the general grounds for refusal (e.g. criminality or previous overstaying).

In addition, if you are switching to a new employer, they must be a Skilled Worker sponsor licence holder (and this must be A-rated). This will then allow them to issue you with a new Certificate of Sponsorship (CoS)².

Minimum salary requirement when changing jobs or employers

As when you first applied, you will need to meet the minimum salary requirement if you are applying to change job or employer. You will need to show you have a salary of at least £38,700 or your jobs ‘going rate’³. You may be eligible to apply if you have a lower salary in certain circumstances. The current immigration rules state that you can receive a salary of between 70% and 90% of your job’s normal going rate (no less than £23,200 per year) if you have a job on the shortage occupation list⁴, you are under 26, studying or a recent graduate, or in professional training, or if you have a PhD in a STEM subject. If you do not have a STEM PhD, but you have a relevant PhD for your new job, you can still apply to change your job if you have a salary of at least £23,200.

You may be eligible for the £29,000 salary threshold if you were first granted a Skilled Worker visa before 4 April 2024 and have continuously held one or more Skilled Worker visas since then.

How to update your Skilled Worker visa if you change job or employer

To apply to update your Skilled Worker visa, if you change job or employer, you will need to complete the following steps:

Submit an online Skilled Worker visa application⁵
– note you can apply to update your visa up to 3 months prior to starting your new job.
Pay the application fee and biometric fee
Pay the healthcare surcharge (if you have not already done so)
Submit the required documents, including:
- Your passport
- Evidence you meet the salary requirement
- Your new CoS
- Evidence you meet the English language requirement
Book an appointment with a UKVCAS service point to provide your biometrics if requested to do so (you may be able to use the Home Office mobile phone app instead).
Attend your UKVAS service point appointment and provide your fingerprints and a photograph for your new biometric residence permit.

How long does it take to switch to a new job on a Skilled Worker Visa?

It can take up to 8 weeks to receive a decision from the Home Office for a change of job or employer applications. You may be able to receive a faster decision by paying £500 for the priority processing service (this provides a decision within 5 working days) or £1000 for the super-priority processing service (for a decision within 1-2 working days). You will be advised when you apply if you can use the faster processing services.

Can I begin a new job while my new visa application is being processed?

No, the Home Office is very clear that if you need permission to change your job or employer, you need to wait until you receive approval from UK Visas and Immigration (UKVI). Switching jobs before your application is approved may be a breach of the immigration rules. This is why it is important to apply as early as possible (up to 3 months before you start your new job). You can carry on working in your current job, however, while you are waiting for a decision.

What happens to your dependants if you change jobs on a Skilled Worker Visa?

If your family members are currently in the UK on dependant visas, they can remain on their existing visas while you change your job or employer. If your new Skilled Worker visa application is approved, they will be able to stay in the UK with you. They don’t need to apply for new dependant visas unless their visas are about to expire.

If you are not successful in gaining permission to change your job or employer and you decide to leave the UK, your family members will also lose their right to stay in the UK on their dependant visa. This is because the dependant family visa is granted only on the basis that the main visa holder retains their Skilled Worker visa status. If you are unsure of your rights and those of your family members in the UK with you, it is imperative to speak to an immigration Solicitor who can explain these to you and ensure your right to remain is protected.

If you have lost a sponsored job on the Skilled Worker Visa route

If you hold a Skilled Worker visa but have recently lost your job, your employer is supposed to inform UKVI of this change of status. UKVI will then write to advise that your Skilled Worker visa has been curtailed, and you have 60 days to leave the country or apply for another visa. In this case, you have a number of options:

Find another suitable skilled role with a new employer and submit a Skilled Worker visa application within the UK – you will need to meet all of the eligibility criteria listed above for a Skilled Worker visa.
Apply for a different type of visa (e.g. a family visa)
Apply for Indefinite Leave to Remain if you are eligible (i.e. if you have already been in the UK for the qualifying time – typically 5 years or 10 years under the long residence route).

While your application is being processed, you will be able to remain in the UK.

References:

¹ GOV.UK: List of eligible occupations

² GOV.UK: Occupation codes

³ GOV.UK: Going rates

⁴ GOV.UK: Shortage occupations

⁵ GOV.UK: Skilled worker visa application