If you are looking to change jobs, you will need to consider the potential immigration and employment law issues of making that decision.
At Gherson, we have seasoned expertise in advising you on the immigration law implications of your decision, and together with our sister firm Discreet Law LLP, which is able to advise you on the employment law implications, we can help you make a seamless transition to your new job.
What happens to your Visa when you change or switch jobs?
If you hold a Skilled Worker visa, you will know that you are being sponsored for a specific role with a specific employer. You will know that your sponsorship comes in the form of a Certificate of Sponsorship, which can only be issued by a licensed sponsor.
If you change employers or change roles within your employer’s organisation, you may need to submit a Change of Employment application. This is because you will no longer be working in the original role for which you were sponsored. Your employer may need to assign a new certificate of sponsorship (‘COS’). Thereafter, you will have to submit a fresh application for permission to stay in the UK as a Skilled Worker migrant using your new COS, whilst ensuring that you meet all of the relevant requirements.
A Change of Employment application is not required if the new role is still with the same employer and continues to fall under the same occupation code as the role for which your previous COS was assigned. However, in these circumstances, the sponsor employer is still obliged to notify the Home Office of the change of circumstances via the Sponsor Management System.
When should you make a Change of Employment application?
Prior to making this transition, you should ensure that your new employer is a licensed sponsor who is willing to sponsor you for an eligible job. Your new employer should then assign your new COS and you should, thereafter, submit your Change of Employment application at the earliest opportunity. Your new employer and you will need to consider your contractual notice period to ensure that enough time is provided before your new start date to allow you to fulfil this period with your existing employer.
Do my dependants need to apply with me?
Your dependants (i.e. your partner and children) will not be required to apply for permission to stay as long as their visas remain valid.
Gherson has a wealth of experience advising clients (corporate or individuals) with regards to sponsored and non-sponsored work visa routes. Should you have any questions regarding your individual circumstances, please do not hesitate to contact us. Send us an , or alternatively, follow us on Twitter to stay up-to-date.
The information in these blogs is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication, it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in these blogs. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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