If you currently hold a valid Tier 2 or Skilled worker visa and your employment is terminated early (i.e., before the intended end date of your employment), your immigration leave may be cancelled by the UKVI. Once UKVI has been informed by your former employer that you no longer work for them, you receive a visa curtailment letter explaining when your leave will be cancelled. You will need to leave the UK or make alternative arrangements, such as applying for a new visa by the date provided
Unfortunately, a UK sponsor can withdraw their sponsorship, if they have a reason for doing so. An overseas employee may be terminated, and hence their Tier 2 sponsorship cancelled, for a number of reasons, including:
- Skilled Worker visa redundancy
- Poor performance
- Prolonged absence
- Non-attendance at work
- Employer’s sponsor licence revoked by the Home Office
It is also important to bear in mind that if your employment has been terminated if UKVI decides to cancel your Tier 2 or Skilled Worker visa, any dependant family members (i.e. your partner and children) who have joined you in the UK may also need to leave the UK unless you can make alternative arrangements.
Things to do after the termination of employment
If you are in the position of your employment in the UK being terminated as a Tier 2 or Skilled Worker visa holder, it is important to understand that you have options available. It is essential to act quickly and seek professional advice to give yourself the maximum amount of time to take action to protect your immigration status and that of your family.
In most cases, even if you have left your employer, you will have some time to review your options and decide on the best course of action. Your employer is legally required to inform UKVI within 10 working days of your departure that you have left the company, and even then, it will take UKVI some time to write to you with a cancellation letter.
If your employment has been terminated on Tier 2 / skilled worker visa, there may be a number of options available to you apart from leaving the UK, including:
- Finding a new employer in the UK who can sponsor you – in this case, you can apply for a new work visa from within the UK
- Switching to another visa – this might include applying for a family visa (e.g. spouse or partner visa), a business visa (e.g. start-up visa), or a study visa
- Applying for indefinite leave to remain (ILR) – this will only be an option for you if you have been in the UK for the required continuous residence period (normally 5 years)
Under the latest immigration rules, if you have been terminated or left your employment in the UK as a Tier 2 or Skilled Worker visa holder, you will not need to wait for a cooling-off period to end before applying for a new work visa. In the past, individuals had to leave the country and wait for 12 months before applying for a new work visa. This means that you can apply immediately for a new Skilled Worker visa once you have sponsored employment and a new Certificate of Sponsorship (CoS). And most importantly, your immigration status and that of your family members will be protected while you are waiting for a decision from the Home Office.
How can Reiss Edwards help?
Reiss Edwards is a leading immigration law firm based in Central London. Our immigration lawyers have helped many Tier 2 and Skilled Worker visa holders with their applications. We can help you to:
- Discuss your options if you lose your job on a Skilled Worker visa
- Handle your new visa application
- Overcome any problems with your eligibility including a UK visa refusal
- Advise how to gain indefinite leave to remain and British citizenship in the UK
