If you’re currently working in the UK in a skilled job role under a Skilled Worker visa, and you are facing the possibility of losing your job, you will undoubtedly want to know what this means for your visa and what options are available to you to be able to remain in the UK.
Losing your job while on a Skilled Worker Visa in the UK can have significant implications for your immigration status. This is because the Skilled Worker visa is tied to employment with a sponsoring employer, so if your job ends, your visa may be affected. In most cases, this means that you will need to consider alternative visa options as a matter of urgency, otherwise you risk having to leave the UK.
In this guide, we explain the visa implications of losing your job, providing guidance on the steps you may be able to take to retain lawful status after termination of employment.
What will happen to your visa if you lose your job?
If you are currently working in the UK under either a Skilled Worker visa (or its predecessor the Tier 2 visa), the validity of that visa will usually be dependent on you remaining employed by the same employer and continuing to work in the same role for which leave was granted.
As such, if your employment is terminated — regardless of whether you are made redundant, dismissed or resign from your job — this is likely to impact the validity of your visa and your permission to remain in the UK.
Your employer is legally required to notify the Home Office that your employment has ended. Once notified, the Home Office may curtail your visa, usually giving you 60 days (or until your visa’s original expiry date, if sooner) to either:
- Find a new job with a licensed sponsor and apply for a new Skilled Worker Visa.
- Leave the UK to avoid overstaying and breaching immigration rules.
During this period, you must secure a job offer that meets the Skilled Worker Visa requirements, including minimum salary thresholds and sponsorship from a licensed employer. If you are unable to find a new sponsor, you will need to leave the UK within the curtailment period.
It’s important to act quickly and stay compliant with your visa conditions. Employers must issue a Certificate of Sponsorship (CoS) for any new role, and you will need to apply for a new Skilled
How long will your visa last if you lose your job?
Losing your job essentially means that you will no longer be meeting the conditions of your visa under the Skilled Worker route. This is because you must continue to be employed under either one of these routes to maintain lawful status in the UK. As such, even if you were given a visa for a number of years, this period could be significantly curtailed if you are made redundant, dismissed or resign from your sponsored job role.
However, for most overseas workers whose sponsored job role is terminated early, they will not immediately be at risk of being deported. This is because there is a 60-day period following cessation of employment to apply for a new visa or make arrangements to leave. This means that you will have 60 days, or until expiry of your visa, whichever is the shorter, to explore your options before you will be classed as overstaying and in the UK illegally.
If you lose your job, regardless of the reason for this, your employer – as a licensed sponsor – is required to report this to UK Visas and Immigration (UKVI) within 10 working days. Specifically, they must inform UKVI that they have stopped sponsoring you and that your contract of employment has ended earlier than the date shown on your Certificate of Sponsorship (CoS).
You should receive a letter from UKVI soon after, explaining your curtailment of leave. The 60-day period will then begin from receipt of this letter. In limited cases, UKVI have the power to curtail leave with immediate effect, although this is unlikely to apply where, for example, you have been laid off through no fault of your own.
Can you stay on the same visa if you lose your job?
If you lose your job as an overseas worker, either under a Skilled Worker visa or the Tier 2 (General) work visa, you may be able to remain in the UK on the same visa type, provided you can secure a qualifying new job role with a different employer licensed to sponsor skilled workers. Importantly, if you are an existing Tier 2 (General) worker, you can still apply for a change of employment under the Skilled Worker route.
However, under the Skilled Worker rules, if you change your job and your new job is with a different employer, even if that job meets the requisite skill and salary requirements for the same category of visa, you will still need to apply to UKVI to update your grant of leave. You will also need to provide a fresh CoS from your prospective employer to prove that your job meets the relevant requirements under the Skilled Worker route, together with other evidence, such as proof of your knowledge of English and proof of financial means to support yourself if you have been in the UK for less than one year when you apply.
You can work out any notice period in your current job while your new application is being assessed by UKVI, as long as you apply before your existing leave expires. However, you must not start your new job until your application has been approved. You must also not travel outside of the UK until you get a decision, otherwise risk your application being withdrawn. You will usually get a decision within 8 weeks of your visa application date.
Can you switch to a different visa if you lose your job?
If you are unable to secure alternative employment in a qualifying sponsored job role, you may need to consider switching to a different visa. There are a number of work visa options to consider, such as the Innovator Founder visa.
You may also be eligible, for example, for a Partner visa, if you have a UK or UK-settled spouse or cohabiting partner, or even a Student visa, if you have the offer of a place on a course by a licensed student sponsor in the UK and can pay for that course.
Importantly, whichever visa option you choose, you must ensure that you are eligible to apply, and submit the correct documentation in support, to minimise the risk of your application being refused. You must also submit your application prior to expiry of your existing leave to remain. In this way, you will not be at risk of overstaying. This is because you will be permitted to stay in the UK until a decision has been made by UKVI, even if your leave expires whilst an application is pending, provided your application is in time.
Can you apply for indefinite leave to remain if you lose your job?
If you have been living in the UK continuously for a period of 5 years under either a Skilled Worker visa or the old Tier 2 (General) work visa under the previous rules, you may now be eligible to apply for indefinite leave to remain (ILR). Your 5-year continuous residence can be a combination of time spent under Tier 2 (General) and the new Skilled Worker route, although you do not need to have switched from Tier 2 (General) to Skilled Worker before applying for settlement as a Skilled Worker. This is because the definition of Skilled Worker under the Immigration Rules includes those with permission in the Tier 2 (General) route.
However, to be eligible for ILR, also known as settlement, the rules require that you continue to be sponsored by a licensed employer, where the employer must confirm that they require you to work for them and that you will be paid at least the minimum salary for the foreseeable future. Although your sponsor does not need to assign a new sponsorship certificate for the purpose of you making an application for settlement, where an e-mail or letter should usually suffice, this may need to be verified with the sponsor if necessary.
Losing your job can therefore seriously impact your ability to apply to settle in the UK on a permanent basis, where you would need to find alternative employment that meets the requisite requirements under the Skilled Worker rules. You would also need to do so before your existing leave expires so as not to break your lawful continuous residence.
It is worth noting that UKVI caseworkers have the ability to quickly and easily check the status of your sponsorship using an online CoS checking system. As such, UKVI will be fully aware that you have recently lost your job, where your employer is under a duty to inform UKVI if the employment contract of a sponsored worker has been terminated. In these circumstances, your application would not only be refused, but using deception when applying for a visa can negatively impact any future applications. It could also result in your leave being curtailed with immediate effect, as well as deportation and a ban on re-entry.
What will happen if you lose your job and decide to leave the UK?
If you lose your job as a sponsored overseas worker, it is a matter for you as to whether to look for alternative employment or to make arrangements to leave the UK. You may have been reaching the end of your contract of employment in any event or, for various other reasons, feel like the time is right to return home or start the next chapter in your life.
However, you must either make an application to UKVI for further leave to remain or make arrangements to leave the UK within the period required, where any period of overstaying will put you at risk of being deported. This can also affect your ability to apply for a visa at a later date, even if an application is made from outside the UK. Overstaying in the UK may also lead to a ban on re-entry, even if you leave the UK voluntarily at your own expense.
Need assistance?
Seeking expert advice as soon as possible from a specialist in immigration law, tailored to your circumstances, can help to maximise your prospects of being able to stay in the UK after losing your job.
Contact DavidsonMorris’ UK immigration experts for specialist advice.
Visa termination of employment FAQs
What happens if I lose my job on a Skilled Worker Visa?
If you lose your job, your employer must notify the Home Office. Your visa may then be curtailed, usually giving you 60 days (or until the visa expiry date, if sooner) to find a new sponsor or leave the UK.
How long can I stay in the UK after losing my job?
You typically have a 60-day grace period to find a new sponsor, apply for a new Skilled Worker Visa, or leave the UK.
Can I find a new job while on a Skilled Worker Visa?
You can find a new job, but the new employer must be a licensed sponsor and issue you a valid Certificate of Sponsorship (CoS).
What happens if I cannot find a new sponsor within 60 days?
If you cannot secure a new job with sponsorship, you must leave the UK before the end of the 60-day period to avoid overstaying and breaking immigration rules.
Can I apply for a different visa after losing my job?
You may explore other visa options, such as a Graduate visa or family-based visas, if you meet the eligibility criteria.
What happens to my dependants if I lose my job?
If your visa is curtailed, your dependants’ visas will also be affected. They will need to leave the UK unless you secure a new visa.
Do I need to tell the Home Office if I lose my job?
Your employer is responsible for notifying the Home Office when your employment ends.
What is a Certificate of Sponsorship (CoS)?
A CoS is an electronic record issued by a licensed employer, confirming that they are sponsoring your Skilled Worker Visa.
Can I work for another employer during the 60-day period?
You cannot work for another employer until you have secured a new visa with sponsorship from a licensed employer.
What steps should I take after losing my job?
Act quickly: search for a new sponsored role, explore alternative visa options, and seek legal advice if needed to stay compliant with UK immigration laws.
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
