Skilled Worker Visa and Termination of Employment: Complete Guide for 2024

Table of Contents

1. What Happens to a Skilled Worker Visa if Employment is Terminated?

The UK Skilled Worker visa is tied to employment with a sponsoring employer. If your employment is terminated, you must act quickly to maintain your visa status. Losing your job impacts your visa because your right to stay in the UK is based on your sponsored position. Once employment ends, your employer must inform the Home Office, which will then issue a curtailment notice, typically giving you 60 days to either leave the UK or secure a new visa.

2. Employer Obligations After Termination

When a sponsored Skilled Worker’s employment ends, the employer has specific obligations:

Notify the Home Office: The employer must report the termination of employment within 10 working days.
Revoke Sponsorship: The Certificate of Sponsorship (CoS) linked to your Skilled Worker visa is canceled.
End Sponsorship Responsibilities: The employer’s obligation to ensure your legal stay and employment ends once they notify the Home Office.

This notification starts the curtailment process, meaning your Skilled Worker visa will no longer be valid after a grace period, typically 60 days.

3. The Curtailment Period: What It Means

When the Home Office is notified of the employment termination, they issue a curtailment notice to the visa holder. This notice typically gives a 60-day grace period to either:

Find a New Employer: Apply for a new Skilled Worker visa if you have secured a new job with a UK sponsor.
Switch to Another Visa Category: Apply for a different visa type, such as a Student Visa or Family Visa, if eligible.
Exit the UK: If no new visa or sponsorship is secured, you must leave the UK within this period.

During this time, your visa is still valid, and you can legally remain in the UK while exploring your options.

If you want to continue working in the UK, you may find a new employer willing to sponsor your Skilled Worker visa. Here’s how:

Job Offer from a Licensed Sponsor: Your new employer must have a valid Skilled Worker sponsor license.
New Certificate of Sponsorship (CoS): Obtain a CoS from the new employer for your new role.
Meet Salary and Skill Requirements: Ensure the new role meets the Skilled Worker visa’s salary and occupation requirements.

You’ll need to apply for a new Skilled Worker visa with your new CoS, and this process must be completed before the end of your 60-day curtailment period.

5. Switching to a Different Visa Category

If finding a new job within 60 days isn’t feasible, you may be eligible to switch to a different visa category:

Spouse or Family Visa: If you have a UK-based partner or family member who is a citizen or permanent resident.
Student Visa: If you plan to pursue studies in the UK and have received an offer from an accredited institution.
Innovator or Startup Visa: If you have a viable business idea and meet the criteria for UK business visas.

Each visa type has its own eligibility requirements and application processes, so be sure to check your eligibility and apply before your Skilled Worker visa expires.

6. Applying for a New Skilled Worker Visa

If you secure a job offer from a new sponsor, you’ll need to apply for a new Skilled Worker visa. The application process involves:

Receiving a New Certificate of Sponsorship (CoS): Your new employer issues a CoS for your intended position.
Submitting a Skilled Worker Visa Application: Apply for a new Skilled Worker visa with updated details.
Paying Application Fees and Health Surcharge: Pay the application fee and the Immigration Health Surcharge for the duration of the new visa.
Await Approval: You may need to attend a biometric appointment before receiving a decision on your new visa application.

Securing a new position promptly is key to maintaining continuous legal status in the UK.

7. Financial Considerations After Termination

Termination of employment may have financial implications:

Visa Fees and Surcharges: Applying for a new Skilled Worker visa means paying visa application fees and health surcharges again.
Income Gap: If you experience a gap between jobs, planning financially for this period is essential.
Severance Pay: Some employers provide severance pay; check your employment contract for termination benefits.

Being financially prepared for this transition period can reduce the stress associated with changing employment status.

8. How Termination Affects Family Members on Dependent Visas

Family members on dependent visas may also be impacted if the primary visa holder’s employment is terminated:

60-Day Curtailment Period: Dependents generally have the same 60-day grace period as the primary visa holder.
Switching Visas: If the primary visa holder switches to another visa type, dependents may also need to apply for dependent visas under the new category.
Returning to Home Country: If no alternative visa is secured, dependents must also leave the UK within the curtailment period.

Understanding the implications for family members helps ensure everyone’s legal stay in the UK remains compliant.

9. Steps to Take After Receiving a Curtailment Notice

If you receive a curtailment notice, follow these steps:

Confirm Curtailment Period: Verify the end date specified in the notice.
Explore New Employment: Begin your job search immediately if you intend to stay on a Skilled Worker visa.
Consider Switching Visa Types: If eligible, consider switching to another visa category.
Prepare to Leave if Necessary: If no new visa is obtained, make arrangements to exit the UK before the curtailment period ends.

Taking prompt action can prevent overstaying and ensure compliance with immigration rules.

10. Frequently Asked Questions (FAQs)

Q1: What is the Skilled Worker visa curtailment period?
A: The curtailment period is typically 60 days, allowing Skilled Worker visa holders to find a new job, switch visas, or leave the UK after their employment ends.

Q2: Can I stay in the UK if I don’t find a new sponsor within the curtailment period?
A: No, if you cannot secure a new visa or sponsor within 60 days, you must leave the UK.

Q3: Do I need to inform the Home Office about my job termination?
A: Your employer is responsible for notifying the Home Office, but it’s essential to take action once you receive a curtailment notice.

Q4: Can I apply for a different visa while on the Skilled Worker curtailment period?
A: Yes, you can switch to other visa categories, like a Family or Student Visa, if you meet the requirements.

Q5: How long does it take to process a new Skilled Worker visa with a new employer?
A: Processing typically takes up to 8 weeks for standard applications. Priority processing is available for an additional fee, reducing the time to 5 business days.

Q6: What happens to my dependents if I lose my Skilled Worker visa?
A: Dependents have the same 60-day grace period and may apply for new visas in line with the primary visa holder’s new status.