A Skilled Worker can change employer, but the move is not automatic. The current visa is tied to the job and sponsor on the Certificate of Sponsorship. A new employer usually means a new Certificate of Sponsorship and a fresh application, known as a change of employment application. The application is assessed like a first Skilled Worker application, and the new job must meet the rules in force when it is made. This post provides an overview of changing employer for a UK Skilled Worker visa.
Can you change employer on a Skilled Worker visa?
A Skilled Worker can change employer, provided the new employer holds a sponsor licence and issues a new Certificate of Sponsorship for the new role. The worker must then make a change of employment application and wait for it to be granted before starting the new job.
The reason is that Skilled Worker permission authorises a specific job with a specific sponsor. A new sponsor, or in some cases a new role with the same sponsor, falls outside the current permission. The Skilled Worker visa route guide sets out the core eligibility, and the change of employment process applies the same tests to the new job. Changing employer is different from extending the same job, which is covered in the Skilled Worker visa extension guide.
When do you need a change of employment application?
A change of employment application is needed whenever the new job is not covered by the current permission. The Home Office Skilled Worker caseworker guidance sets out the circumstances clearly.
A Skilled Worker must make a change of employment application where they:
- change employer
- stay with the same employer but move to a job in a different occupation code from the one on the current Certificate of Sponsorship
- stay with the same employer but move from a job on the Immigration Salary List to one that is not on that list
Each of these changes takes the worker outside the job their permission covers. A new Certificate of Sponsorship from the sponsoring employer is required before the application can be made.
When can you change job without a new application?
Some job changes do not require a new application, mainly where the worker stays with the same employer in the same occupation code. The caseworker guidance lists the situations that do not count as a change of employment.
A new application is not needed where the worker stays with the same employer in the same occupation code. The move must not take a job off the Immigration Salary List. A new application is also not needed where pay rises, or where the worker moves under a TUPE or equivalent statutory transfer. The same applies where a reduced salary would still score the points required under the current rules. The sponsor must still report the change to the Home Office through the sponsorship system. The position depends on the detail of the role and the occupation code. Switching into the Skilled Worker route from another visa is different again, and is covered in the who can switch visas in the UK guide.
What does a change of employment application involve?
A change of employment application is assessed in the same way as a first Skilled Worker application. The worker must provide a new Certificate of Sponsorship and meet all the suitability and eligibility requirements again.
This means the new job must meet the salary requirement and the occupation must be eligible at the date of application. The salary rules and going rates change over time. The figure that applies is set out on the Skilled Worker visa guide. The English language and financial requirements are assessed as before, although a worker already in the UK will often have met them already. The application is made online, with biometrics and the relevant fee and Immigration Health Surcharge.
Can you start the new job before the application is decided?
A Skilled Worker should not start the new job until the change of employment application has been granted. The current permission covers only the job on the existing Certificate of Sponsorship.
Starting a new role before approval means working outside the conditions of the current permission. This carries a real risk to immigration status and to the application itself. The worker remains able to continue in the existing sponsored job while the application is pending, where that job is still available. Once the new permission is granted, the worker may begin the new role on the terms set out in the new Certificate of Sponsorship.
Does changing employer affect settlement?
Changing employer does not reset the five-year qualifying period for settlement, provided Skilled Worker permission remains continuous. Time with different sponsors counts towards the same five years.
Settlement on the work route requires a continuous period of five years in qualifying routes, which include Skilled Worker and the former Tier 2 (General). A change of sponsor within that period does not break continuous residence. The most recent permission must be Skilled Worker at the point of the settlement application. Absences are assessed under Appendix Continuous Residence, as explained in the continuous residence for UK settlement guide. The route through to settlement is covered in the Skilled Worker settlement (ILR) guide and the wider ILR on the work route guide.
Can you take a second job on a Skilled Worker visa?
A Skilled Worker can take certain extra work alongside the sponsored job without a new Certificate of Sponsorship, known as supplementary employment. Other second jobs need a separate Certificate of Sponsorship and an application.
Supplementary employment must be no more than 20 hours a week and outside the hours of the sponsored job. The extra work must also be in an eligible occupation under the rules. No prior permission is needed where those conditions are met. A second job that does not fit within supplementary employment, for example one above 20 hours a week, is secondary employment.
Frequently asked questions
Only where the new job is in a different occupation code, or moves off the Immigration Salary List. A move to a job in the same occupation code with the same employer does not need a new Certificate of Sponsorship or a new application. The sponsor must still report the change to the Home Office.
No. The current permission covers only the job on the existing Certificate of Sponsorship. The worker should wait until the new permission is granted before starting the new role. They may continue in the existing sponsored job in the meantime, where it remains available.
No. A change of employer does not reset the qualifying period, provided Skilled Worker permission stays continuous. Time spent with different sponsors counts towards the same five years, and the most recent permission must be Skilled Worker at the settlement stage.
The rules do not set a fixed minimum period before a change of employment application can be made. A worker may apply when a new role arises, provided the new job and Certificate of Sponsorship meet the requirements at the date of application.
A partner or child already holding permission as a Skilled Worker dependant is not required to reapply when the main applicant changes employer. Their permission continues, and it is linked to the main applicant’s status rather than to the specific sponsor.
How Whytecroft Ford can help
A change of employer is a fresh application rather than a simple notification. The new job must meet the Skilled Worker rules in force on the day it is made. The timing matters, because starting a new role before the new permission is granted puts both status and the application at risk. The salary and occupation requirements can also shift between the original grant and the move.
The Whytecroft Ford immigration team advises Skilled Workers and their sponsors across the work and business visa routes, including change of employment applications. The firm checks the new Certificate of Sponsorship and confirms the salary and occupation position before the move. The team also advises on how a change of sponsor sits within the five-year path to settlement. This includes those weighing a Skilled Worker or Health and Care Worker role. This is particularly valuable for the sponsored worker who has been offered a new role and needs to move without breaking continuous residence. To discuss a change of employment application with our immigration team, call 0208 757 5751 or use the contact form.
Sources
- Immigration Rules Appendix Skilled Worker – GOV.UK
- Skilled Worker caseworker guidance – GOV.UK
- Skilled Worker visa – GOV.UK
Written and reviewed by the Whytecroft Ford immigration team. IAA Accredited. All guidance is researched against primary sources, including the Immigration Rules, Home Office caseworker guidance and GOV.UK. Reviewed every six months, or sooner following a rule change.
