Switching Jobs on a UK Work Permit: What Happens to Your Visa Status?

A lot of foreign employees in the UK believe that they can switch employers in the same manner the local employees can do so by simply quitting and moving on to another place.

Nevertheless, allowances of most UK work visas are sponsorship-linked and thus, your immigration authorization is closely related to a particular employer. Quitting a job without the right procedure may impact on your legal status, right to work and in some cases, your position to remain in the country.

The association of the UK Work Visas with Employers

The true meaning of sponsorship

In the case of Skilled Worker route and other UK work permits, the government permits a company to recruit a foreign national once an employer is an approved sponsor. A Certificate of Sponsorship (CoS) is issued by the employer that links the immigration permission granted to the worker to a particular position.

It does not simply mean that you have permission to live in the UK, but permission to work there, in that capacity, at that rate of pay.

A difference between a normal job and sponsored job

In a conventional work, one is free to quit a job and go to a new company anytime.

In sponsored employment, the visa terms govern employment.

You are allowed to:

• Perform only under the employer who is sponsoring.
• Do as per the job in the sponsorship.
• Make at least the salary mark required.

In case any of these alter, then immigration regulations can demand another application.

What to Do When You Quit Your Job

Where your employer is answerable to the Home Office

• Your employer should report this to the Home Office once you resign or your contract is terminated. It is legally their duty to say no longer sponsoring you.
• Subsequent to this, your visa is not instantly lost away, however, it tends to be placed under curtailment.

The letter of curtailment and the 60 days period

Home Office usually writes to you that it has reduced your permission to stay. A majority of the workers are entitled to about 60 days where they can either:

• Apply for a new visa
• Leave the UK
• Apply to a different category of immigration.
• When you do nothing within the period, you may end up being illegal.

Can you stay in the UK without working

During the curtailment period you can still stay in the UK but may not work unless you have a sponsorship which is already valid or a pending application that would permit you to do so.

How to Change Employer in the Right Way.

Obtaining a new Certificate of Sponsorship

Prior to a change of place of employment the new employer should:

• Hold a valid sponsor licence
• Offer a qualifying role
• Issue a new Certificate of Sponsorship.

It is not possible to change employers that do not have this step.

Application of new Skilled Worker visa

Most of the situations require you to file a new visa application before assuming the job. This application checks:

• Salary exceeds minimum.
• Eligibility is equal to occupation code.
• Immigration and English language is still valid.

Most of the cases can be applied within the UK.

When You Can Start the New Job

Employment prior to visa issuance- permitted or not

Typically, you have to wait until you get your new visa in order to be hired by the new employer.

Working early may result in:

• Visa refusal
• Problems of immigration in the future.
• Employer penalties

The exceptions are few, and workers are not supposed to make assumptions.

Changing the job or wages

New visa may be requested even within the same company in case:

• Occupation code changes
• Decrease in salary less than threshold.
• The work responsibilities are transformed considerably.

Small promotions can be permitted without a new application though not always.

Typical Foreigner Worker Pitfalls

Resigning before applying

Most employees quit their jobs and find a sponsor afterwards.

This puts pressure as the curtailment begins when the employer informs about your exit.

Relying on verbal job offers

All that is required is a job offer, and then you have to apply and be issued a sponsorship by the employer.

The transfer of the visa is presumed

• Visas in the UK are not transferable between employers.
• The liability of every sponsor is only limited to the sponsored worker.

Practical Situations Workers Often Face

Job switching in probation

You might have exhausted legal time in case the new employer does not sponsor you in time.

Achieve sponsor licence before resigning.

Losing a job unexpectedly

If employment ends suddenly:

• You can still be granted a curtailment period.
• You can find a different sponsor.
• It is possible to apply at any time.
• It soon becomes necessary to plan.

Key Things to Check Before You Switch Jobs

Before resigning, consider:

• Does the new employer possess a sponsor licence?
• Does the position qualify as per immigration regulations?
• Will salary be sufficient to the necessary level?
• What is the estimated time of visa application?
• Is it possible to stay at work until approval?
• Risk is mitigated by preparation.

FAQs

Final Thoughts

Switching jobs in UK under work permit is not a similar thing as the one performed by the local employees. Sponsorship is related to your immigration permission and any changes made on your case must be through certain procedures.

The best course is to accept a job change as an immigration process and not as a job choice. Assure the sponsorship, apply in advance and be aware of schedules before dropping out.