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If you are an overseas worker in the UK, you may be wondering what happens if you lose your job on a Skilled Worker Visa, or any other type of Worker Visa.
There are many reasons why you could lose your job, from a mistake on your part, to the company going through financial difficulties and having to let staff go, to a company even becoming defunct.
Regardless of the reasons why, you will likely be worried and wondering what to do. Luckily, you have some options available.Â
What happens if you lose your job on a Skilled Worker Visa?
For you to remain compliant with the Skilled Worker Visa rules, you must be employed. When you lose your job, you are no longer compliant with the rules, so you will lose your visa.
Your employer who was sponsoring you to work in the UK will have 10 working days to report the fact that you will no longer be working for them to UK Visas and Immigration (UKVI).
However, you do not immediately have to leave the country. You will have 60 days from the termination of your employment to make plans, which allows you to either arrange to leave the UK, find a new job, or swap to a different visa.
Can I apply for a new Skilled Worker Visa?
If you are in the UK on a Skilled Worker Visa, then you may be able to apply for another one.Â
However, getting a new visa will depend on if you can get another eligible job with an employer who holds a Sponsor Licence.Â
Your new employer will need to provide you with a Certificate of Sponsorship before you can apply for a new Skilled Worker Visa. Additionally, you will need to meet all of the requirements for the visa again.
However, if you cannot find an employer, it is possible to take the self-sponsorship route. There is no specific visa for self-sponsorship, but you can set up a business, apply for a Sponsor Licence, and then arrange for your own business to sponsor you.
Can I switch to a different type of visa?
There are other visas you can switch to if you decide you no longer want to hold a Skilled Worker Visa or are struggling to find a new role, but wish to remain in the UK.Â
Your options are:
High Potential Individual – lasts two years, or three if you have a PhD or doctoral qualification; do not need to be sponsored but must have been given your qualification in the last five years.
Scale-up Worker Visa – lets you work for an approved scale-up employer, which is a fast-growing business for two years; it requires a Certificate of Sponsorship.
Innovator Founder Visa – this is for experienced business-people who want to set up an innovative business different from anything else on the UK market.
Global Talent Visa – this is for promising individuals in the fields of arts and culture, academia, and digital technology who want to work in the UK; for example, engineers or film-makers can get this visa. Â Â
How will this impact my prospects of getting Indefinite Leave to Remain?
To get Indefinite Leave to Remain (ILR) through a Skilled Worker Visa, you must have been in the UK for five years. If your visa is revoked due to you losing your job, then you will not be able to reach the required number of years for 5 years Indefinite Leave to Remain.Â
Also, your employer must continue to confirm that you work for them, and that they pay you at least the minimum salary for your role for you to be able to get ILR.
Furthermore, to get ILR, you must have continuous, legal residence. If you overstay once your visa and 60 days leave expires, then you will not be able to get ILR due to staying in the UK illegally.Â
Other visas that contribute to 5 years ILR
Please note that you can combine years spent on one Skilled Worker Visa, with years spent on another Skilled Worker Visa.Â
Also, time spent on certain other visas can be combined with the Skilled Worker Visa.Â
These visas are:
- Old Tier 1 and Tier 2 Visas
- Scale-up Worker Visa
- Tier 2 Minister of Religion Visa
- International Sportsperson Visa
- Global Talent Visa
- Innovator Founder Visa
- Representative of an Overseas Business
If I leave the UK can I come back?
As long as you leave before the 60 days is over and do not break immigration rules, then you will be able to return to the UK at a later date.
Returning to your home country and then trying to find employment again in the UK for a new Skilled Worker Visa is a viable option. You will not have to worry about the 60 day time-limit after your Skilled Worker Visa has been cancelled, and so will have more time to find a job. This comes with other issues though, such as finding accommodation at home and packing your belongings.Â
How we can help
For years, our expert legal team has helped countless clients with their immigration needs, whether it be applying for a visa, or with citizenship. For some examples of cases they have dealt with, please visit our client success stories page.
If you lose your job on a Skilled Worker Visa and want to apply for a new visa, then our team can help you find what visa is best for you, and guide you through the process.Â
You can book a FREE 10-minute consultation with a member of our team to discuss your issue. After, if it is determined that we can help you, then you can arrange a longer, paid consultation that lasts 30 minutes to an hour.
In the longer consultation, we can discuss what your options are going forwards and give you legal advice. Your consultation will either be with an immigration specialist, or our principal solicitor, Nathan Woodcock. You can choose who you have it with.Â
The team member you initially talk to will act as your case worker, and will be your point of contact within our firm. They will be happy to help and answer any questions that you may have.Â
Get in touch with us today for our expert visa assistance.
Ready for assistance?
If you have any questions, or want to book an appointment with one of our legal experts, contact Woodcock Law today. Call us on +44 (0)20 7712 1705 or email info@woodcocklaw.co.uk.
