In the UK, many Skilled Worker visa holders consider moving to a new employer for better prospects or a change in career direction. However, because the Skilled Worker route is tied to a licensed sponsor, a “job change” is not just an HR issue but an immigration matter that must be managed carefully to protect your leave to remain.
Can Skilled Worker visa holders change employers?
Holders of permission under the Skilled Worker route can change employer, but it is not a simple internal move. A new Skilled Worker application is required, based on a new Certificate of Sponsorship (CoS) issued by the new sponsor. In practice, this means that you will be applying for a fresh application to stay with a different sponsor, and your immigration status will in future be linked to that new employer.
Recent changes to the rules mean that, in some limited scenarios, a formal change of employment application may not be required. However, if the wrong type of application is made, or if an application is omitted where one is in fact required, there is a real risk that your existing leave could be cancelled. It is therefore essential to have your situation assessed on its specific facts before deciding how to proceed.
What if the new employer does not hold a sponsor licence?
If your prospective employer does not yet hold a Skilled Worker sponsor licence, they must obtain one before they can lawfully sponsor you. Until that licence is granted, they cannot assign a CoS, and you cannot submit a valid Skilled Worker application based on employment with them.
Applying for a sponsor licence can take several weeks, although there may be priority services available in some cases. When planning a move, you should factor in the licence application timeframe, your current visa expiry date and your intended start date with the new employer. Coordinating these elements is crucial to avoid any gap in your permission or interruption to your right to work.
Changing role with the same sponsor
A change of employment issue can also arise where you remain with the same sponsor but change roles. If your core duties change to the extent that a different SOC code applies, or if you move from a role on the Immigration Salary List (previously linked to shortage roles) to a role that is not on that list, a new application may be required.
In contrast, where the core nature of your role remains the same, the SOC code does not change, and your salary continues to meet the applicable thresholds, it may be possible to change roles without a formal change of employment application. Determining which side of this line a proposed move falls on requires careful review of your job description, SOC code and salary package. HR teams and legal advisers should coordinate before any change is confirmed.
When should you resign from your current role?
One of the most common practical questions is when it is safe to resign from your current position. In general, Skilled Worker migrants who submit a change of employment application before their current permission expires can continue working for their existing sponsor while the new application is under consideration. This assumes that their current permission remains valid and the application has been made on time.
However, you should not commence work for the new sponsor until your fresh permission has been granted. If your employment with your current sponsor ends before that, the Home Office may consider curtailing your leave, potentially giving you only a short period in which to regularise your position or depart from the UK. For that reason, the timing of your resignation should be planned in light of the expected decision date on the new application, your existing visa expiry and the contractual notice periods involved.
Key requirements for a change of employment application
In many respects, a Skilled Worker change of employment application mirrors an initial Skilled Worker application. A new CoS must be assigned, the role must meet the relevant skill level, and the proposed salary must satisfy the applicable general salary threshold and going rate requirements.
In most cases, the English language requirement will already have been met at the initial application stage and will not need to be re‑evidenced, although there can be exceptions. If you have been in the UK for less than 12 months, you may still need to meet financial (maintenance) requirements, either through specified funds or through a sponsor certifying maintenance on the CoS. If you have dependants, it is usually more efficient to plan your applications together so that the family’s leave is aligned.
Processing times, fees and length of stay
Change of employment applications are generally processed in line with standard in‑country Skilled Worker processing times, typically several weeks. Priority and super priority services may be available for an additional fee, enabling a faster decision where timing is critical.
Application fees, the Immigration Health Surcharge and related costs are broadly similar to those for an initial grant, with fee levels varying according to the length of permission sought. Importantly, the Skilled Worker route does not have an overall maximum length of stay, so long as you continue to meet the relevant requirements. This means that, managed correctly, a change of employer need not disrupt a longer‑term plan to remain in the UK and ultimately to settle.
Settlement (ILR) after changing employers
Under the current rules, settlement (indefinite leave to remain) on the Skilled Worker route usually requires five years of continuous lawful residence in qualifying categories. During each rolling 12‑month period, you must not exceed 180 days’ absence from the UK, and you must pass the Life in the UK Test (subject to limited exemptions). At the point of applying for ILR, your sponsor must still hold a valid licence, your role must be genuine and ongoing, and your salary must meet the settlement‑level thresholds.
Changing employers does not automatically reset the five‑year qualifying period, but it is essential to check how each period of leave was granted, whether all-time counts towards settlement, and whether there have been any breaks. In addition, there is ongoing policy discussion about potential reforms to work‑related settlements. If your long‑term aim is ILR, it is sensible to consider your settlement strategy at the same time as planning any change of employer.
How to get help
Changing employers as a Skilled Worker is not just a career decision; it has direct implications for your immigration status and future in the UK. Sponsor licensing, SOC codes, salary thresholds, application timing, visa expiry dates and long‑term settlement plans all interact, and a misstep can have serious consequences for your right to live and work in the UK.
Because the correct approach depends heavily on individual circumstances, you should seek tailored advice before handing in your notice or accepting a new offer.
If you would like help reviewing your options or planning a change of employment application, please call 020 3865 6219 or leave us a message so that we can discuss your situation in more detail.