Skilled Worker visa holders are subject to a number of ongoing conditions during their period of leave in the UK, including the requirement to notify the Home Office of certain changes to their circumstances. One of the most significant of these is a change of employment.
Whether the worker is moving to a new role with the same sponsor, taking a job with a different employer or altering their job in a way that affects their occupation code or salary, different application routes may apply, and the correct procedure must be followed.
The implications of failing to comply with the rules can be serious. An incorrect or missed application may result in the individual working in breach of their visa conditions, which can lead to curtailment of permission, loss of lawful status and problems with future immigration applications.
For employers, allowing a sponsored worker to start a new role without the required approval can amount to a breach of sponsor duties, exposing the business to Home Office enforcement action, including sponsor licence downgrading, suspension or revocation.
This article explains when a change of employment application is required under the Skilled Worker route, what steps both employers and workers must take and the risks involved in getting it wrong.
Skilled Worker Visa Change of Employment Rules
Skilled Worker visa holders are required to apply for a Change of Employment if they are taking on a new job that is materially different from the one stated in their current Certificate of Sponsorship (CoS).
A new application is required if the worker changes employer, changes to a job in a different occupation code, or their new salary no longer meets the minimum required for their existing visa.This process is not a simple amendment. It is treated as a fresh visa application, and the applicant must meet the full requirements of the route at the time of submission.
The employer must assign a new CoS, and the applicant must submit the visa application before starting the new job. Failure to do so can result in a breach of visa conditions. There is no grace period allowing the applicant to begin the new role while waiting for approval.
Common risks include selecting the wrong SOC code, offering a salary that does not meet the required threshold, or failing to assess whether the change triggers the need for a new application.
Employers should also confirm whether the proposed role meets the eligibility requirements of the Skilled Worker route. Any errors in this process may affect the individual’s right to work and the employer’s compliance status.
Legal framework
The core requirements for change of employment are set out in Appendix Skilled Worker of the Immigration Rules.
The Home Office Skilled Worker caseworker guidance confirms when a change of employment application is mandatory. The key sections state that a worker must not start their new job until the application is approved, unless the change does not trigger a new application (e.g. a pay increase or promotion within the same SOC code).
It sets out what constitutes a material change, how caseworkers should assess SOC code changes, and what evidence is required to show the new job meets all Skilled Worker criteria (salary, skill level, sponsor licence, etc.).
Guidance also confirms the new sponsor must assign a new CoS, the worker must meet the current eligibility and salary thresholds and the application will be assessed under the rules in force at the time of submission.
Home Office sponsor guidance also outlines sponsor responsibilities when a sponsored worker’s role changes. Sponsors must assign a new CoS if a role change triggers a change of employment application. They must ensure the job meets all Skilled Worker rules, including salary thresholds, permitted occupations, and working hours.
Relevant sections include:
- Reporting role changes via the Sponsorship Management System (SMS).
- Keeping records of the new role, including job descriptions, pay details, and confirmation of continued sponsorship duties.
- Notifying the Home Office promptly if a worker leaves or no longer requires sponsorship.
In right to work terms, a change of employment does not automatically extend the worker’s permission to work in the UK. The worker must have a new grant of permission under their updated CoS before starting the new role. Employers must not rely on a pending application to justify continuing or changing employment without permission.
When to Notify the Home Office of a Change of Employment
A Skilled Worker must make a new visa application if their employment changes in a way that is covered by the “change of employment” provisions. This includes:
- A change to a different SOC 2020 occupation code, unless the change is part of a recognised career progression within the same code.
- A change of sponsoring employer (i.e. a new sponsor with a different licence number).
- A change from a job on the Immigration Salary List to one that is not, or vice versa.
- A reduction in salary that would fall below the required threshold for their visa (subject to allowable exceptions such as statutory leave).
Relevant changes in employment include changing job and changing employer, staying with the same employer but the job has changed to a different SOC occupation code, or changing job with the same employer from a role that was on the Immigration Salary List to a role that is not.
When taking on a new job for a new employer, the worker will need to apply for a new Skilled Worker visa, and go through the application process to verify that their new employer is a licensed sponsor and eligible to employ them, and that the role meets the conditions of the visa.
No requirement to notify the Home Office
Sponsored workers generally do not need to inform the Home Office if any of the following circumstances. First, if they continue to be sponsored by the same employer, the new position is in the same occupational code and they are not switching from a position that is on the Immigration Salary or Shortage Occupation List to one that is not, no new application or notification is required. Also, if the individual’s amount of base pay has increased, this does not need to be reported.
Where the individual continues to work under the same occupation code as that assigned by their previous sponsor, and the change of employer or sponsor arises due to TUPE arrangements or similar protection (such as a statutory transfer of undertakings) no separate notification is required.
A reduction or cessation or pay during absences of less than 4 weeks in a calendar year do not need to be reported.
If the worker has missed more than four weeks of work in a calendar year, resulting in an unpaid absence or pay reduction, notification is not required where the absence was due to statutory parental leave, shared parental leave, maternity leave, paternity leave, sick leave, or responding to a humanitarian or environmental crisis on a national or international scale, provided the sponsor has approved the absence. The same applies to absences for the purpose of participating in legally sanctioned activities.
Steps Employers Must Take
Before any offer is made, the prospective sponsor checks that the job appears in Appendix Skilled Occupations, sits at RQF Level 3 or above, and meets the salary threshold in force on the date of application. If the role is on the Immigration Salary List, the lower fees and salary concessions can be applied.
Using the Sponsorship Management System, the employer creates a new CoS that:
- cites the correct SOC 2020 occupation code;
- states the agreed gross PAYE salary (excluding bonuses or overtime);
- identifies the application as a “change of employment”; and
- lists accurate start and end dates.
The CoS must be assigned before the worker submits the visa application and must not be back-dated.
If the worker is moving internally to a different role that does trigger a new application, the sponsor reports the change in the SMS within 10 working days and keeps evidence of how the salary and duties meet the new rules. If the worker is leaving for another sponsor, the original employer must report the end of sponsorship.
The new sponsor carries out a repeat right to work check once the Home Office approves the application and issues the digital status. The worker must not start the new job until that permission is visible on the View and Prove service.
Employer schedules any future pay rises needed to stay above the salary threshold at extension or settlement; worker monitors time spent on statutory leave to avoid inadvertent salary breaches.
Both parties retain contracts, payslips, attendance and absence records in line with sponsor guidance for potential Home Office audit.
Sponsor maintains ongoing right to work checks; worker adheres to visa conditions (no recourse to public funds, employment limited to sponsored role plus supplementary work within permitted hours).
Steps Workers Must Take
The worker obtains the CoS reference from the new (or current) sponsor and confirms that the salary, hours and SOC code match the offer letter.
Using the Skilled Worker form on GOV.UK, the applicant inputs the new CoS number, pays the visa fee and Immigration Health Surcharge, and books a biometric appointment (or uses the UK Immigration: ID Check app if eligible).
Unless exempt, the worker uploads a valid passport, proof of maintenance funds (or a sponsor maintenance certification), and any professional registration documents required for the role. English-language documents are not required again if they were accepted in a previous Skilled Worker or Tier 2 grant.
Employment in the new role may only begin once the Home Office has granted permission. Priority or super-priority processing may be requested, but starting early – even on the same sponsor’s payroll – breaches visa conditions.
When their digital eVisa is granted, the worker confirms the status is correct on their UKVI account.
The worker keeps the new CoS, decision notice and BRP/eVisa copies for future extensions or settlement, and informs HMRC, banks and any professional bodies of the updated permit details.
Timings when changing employer
You can apply to update your visa up to three months before the intended start date of your new job. While you are waiting for the application to be processed, you can carry on working in your current job and / or work out your notice period.
If your current Tier 2 visa is near its expiry then you must make sure that you submit your application to switch to the Skilled Worker visa before the Tier 2 visa expires.
You are not allowed to travel outside the United Kingdom, the Channel Islands, Ireland and the Isle of Man while your application is pending. If you do travel outside these places while before you have received the decision on your application, the application will be withdrawn unilaterally by the UK Home Office.
You are not allowed to start your new job with a new employer until you have received confirmation that your application has been approved.
Cost to update a Skilled Worker Visa
The cost of the Skilled Worker visa for the applicant depends on whether the certificate of sponsorship has been issued for under or over three years and whether the job is on the Immigration Salary List.
| Application Setting | Job Duration | Standard Fee | Lower Fee: Immigration Salary List |
|---|---|---|---|
| Applying from outside the UK | Up to 3 years | £769 | £590 |
| Applying from outside the UK | More than 3 years | £1,519 | £1,160 |
| Applying from inside the UK | Up to 3 years | £885 | £590 |
| Applying from inside the UK | More than 3 years | £1,751 | £1,160 |
In addition, the applicant must have paid the Immigration Health Surcharge, to cover for the full number of years stated on the certificate of sponsorship.
Skilled worker visa requirements
The Skilled Worker visa requirements must continue to be met when a sponsored worker is looking to change employers. These include having a job offer from an approved employer; a Certificate of Sponsorship (CoS) from the employer; the job named on the certificate is at a suitable skill level and features on the list of Home Office eligible occupations; the salary meets a minimum requirement for that kind of job; and proof of knowledge of the English language.
To retain sponsored status, the worker will need to have an offer of employment from a licensed sponsor. Only employers that are licensed by the UK government can issue Certificates of Sponsorship.
They also need to confirm that the job is eligible for a Skilled Worker visa. The UK Home Office has published a list of eligible jobs, together with their occupation codes, on the gov.uk website. The Office for National Statistics occupation coding tool can be used to look up a particular job title and find its occupation code.
Once you know the occupation codes, you have to check the ‘table of eligible jobs’. Only those codes in the table are eligible for the Skilled Worker visa.
Once you know that your job is eligible for the Skilled Worker visa, your employer can issue you with a Certificate of Sponsorship. You will have to supply your Certificate of Sponsorship when you make the Skilled Worker visa application. Employers must write the occupation code on the CoS and specify the duration of the job offer.
There are specific minimum salary requirements in relation to eligible jobs in the Skilled Worker visa scheme.
From 4 April 2024, skilled workers must be paid at least £38,700 or the relevant ‘going-rate’ for the job, whichever is the higher. Each occupation code has its own ‘going-rate’ and these are published by the Home Office.
Lower salary thresholds may apply in certain circumstances, such as jobs on the Immigration Salary List, where the worker has a science, technology, engineering or maths (STEM) PhD level qualification that is relevant to the job. These concessions are detailed in Appendix Skilled Worker as follows:
| Option | Salary Threshold (must also meet stated % of going rate) | Points |
|---|---|---|
| A | £38,700 + 100 % of going rate | 20 |
| B | Relevant PhD | £34,830 + 90 % of going rate | 20 |
| C | STEM PhD | £30,960 + 80 % of going rate | 20 |
| D | Immigration Salary List (Table 1) | £30,960 + 100 % of going rate | 20 |
| E | New entrant (Table 1) | £30,960 + 70 % of going rate | 20 |
| F | Table 2/2a occupation | £29,000 + 100 % of going rate | 20 |
| G | Table 2/2a + relevant PhD | £29,000 + 90 % of going rate | 20 |
| H | Table 2/2a + STEM PhD | £25,000 + 80 % of going rate | 20 |
| I | Table 2/2a on Immigration Salary List | £25,000 + 100 % of going rate | 20 |
| J | Table 2/2a new entrant | £25,000 + 70 % of going rate | 20 |
| K | Health or education occupation (Table 3) | £25,000 + 100 % of going rate | 20 |
If the worker already has a Skilled Worker visa, then they will have already had to prove their knowledge of English and submitted the required documents (for example, ID, bank statements, certificates). The rules state that workers will only need to submit this documentary evidence again if you have been in the UK for less than one year.
Losing a sponsored job
Losing a sponsored job, whether the worker was dismissed from their employment for a number of reasons including redundancy or reorganisation, or may themselves have opted to resign, will have an impact on the individual’s leave to remain in the UK, since their Skilled Worker visa is dependant on their sponsored employment.
The visa holder who loses their job can still look for another eligible job and apply for a Skilled Worker visa with a different sponsor in a qualifying role.
There are also other visa types that the visa holder could consider, if finding an eligible job is not possible, such as a family visa.
However, if the visa holder is not eligible for any other type of visa and cannot find another eligible job, the law states that they will have to leave the UK within 60 days of being notified by the UK Home Office, or the expiry of their visa, whichever is the shorter. There is no grace period. Once the 60 days are up the visa holder has to leave, or they will be considered to be in the UK illegally.
If the visa holder does stay on in the UK illegally, it is highly likely that they will automatically be refused a visa if they apply to come to the UK in the future and / or that they will be deported from the UK.
Need assistance?
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Skilled worker change of employment FAQs
Do I need a new visa if I move to a different role with the same employer?
A new application is only required if the new role falls under a different SOC 2020 occupation code or if the job is no longer on the Immigration Salary List when the previous one was. If the role remains within the same code and the job description is broadly unchanged, a change of employment application is not necessary.
Must I apply again if I change to a new sponsoring employer?
Any switch to a different sponsor, even within the same group of companies, requires a fresh Skilled Worker visa application before you start the new job.
Can I begin the new job while the Home Office is processing my application?
You have to wait until the new permission is granted. Starting work early is a breach of conditions and can jeopardise your immigration status and the sponsor’s licence.
Does a promotion count as a change of employment?
A promotion may trigger a new application if the promotion moves you into a different occupation code. If the promotion keeps you within the same code, no application is required unless salary now falls below the required threshold for that role.
What if my new salary is lower than my current salary?
The salary must meet the minimum level for the route at the point of application. If the proposed pay drops below the required threshold, the change of employment application will be refused.
Do I need to meet the English-language requirement again?
If you have already proved English for a previous grant under the Skilled Worker or Tier 2 route, you do not need to provide new evidence.
Does time spent on my current visa count towards settlement after I change roles?
Continuous residence under the Skilled Worker route is preserved as long as you remain sponsored and submit any required change of employment application before starting the new role.
Are premium or priority services available for change of employment applications?
Priority and super priority services are usually offered, subject to capacity at the chosen visa centre. Availability varies by location and may be subject to change without notice.
Can my dependants remain in the UK while my change of employment application is pending?
Dependants are not required to submit a separate application unless they need to extend their own permission. Their status remains linked to your current grant until the new decision is made.
What happens if the Home Office refuses my application?
If an application is refused, your current permission usually remains valid until its original expiry date. You must either submit a fresh application or make plans to leave the UK before permission expires. Your employer must stop employing you if right-to-work checks cannot be satisfied.
Glossary
| Term | Definition |
|---|---|
| Skilled Worker visa | The main UK work visa route for non-British nationals taking up a qualifying skilled role with a licensed sponsor. |
| Change of Employment | A new Skilled Worker visa application required when a sponsored worker changes employer or role in a way that meets the Home Office’s definition of a material change. |
| Certificate of Sponsorship (CoS) | An electronic document issued by a licensed sponsor that contains details about the job offer and confirms the sponsor is endorsing the visa application. |
| Sponsor Licence | Permission granted by the Home Office to an employer allowing them to sponsor foreign workers under the Skilled Worker route. |
| SOC Code | Standard Occupational Classification code used to define job roles and their eligibility for sponsorship under the Immigration Rules. |
| Immigration Salary List (ISL) | A list of roles that are recognised by the UK government as being in shortage and which qualify for reduced salary thresholds and visa fees. |
| Going Rate | The minimum salary specified by the Home Office for a particular SOC code. Some concessions allow for a percentage reduction based on applicant type. |
| Right to Work | Legal permission for a person to be employed in the UK, which employers must verify and retain evidence of throughout employment. |
| UKVI | UK Visas and Immigration, the branch of the Home Office responsible for processing visa applications and enforcing immigration control. |
| Biometric Residence Permit (BRP) | A physical card confirming immigration status, issued for most in-country visa approvals prior to full rollout of the eVisa system. |
| eVisa | A digital immigration status record introduced by the Home Office to replace physical BRP cards for most visa holders from 2025 onwards. |
| Priority/Super Priority Service | Optional paid services that provide faster processing of visa applications, usually offering a decision within 5 working days or by the next working day, respectively. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
