How to Change Employers on a UK Skilled Worker Visa
Holders of a UK Skilled Worker visa often change roles, progress in their careers, or move to new employers. However, doing so under this visa category is not as simple as switching jobs; it requires strict compliance with Home Office rules.
Failing to follow the correct procedure can lead to serious immigration consequences, such as visa curtailment, breach of conditions, and loss of lawful status. For sponsors, even a small oversight can risk their sponsor licence being downgraded, suspended, or revoked.
This article explains the key legal and procedural steps for changing employment as a Skilled Worker visa holder and what both employers and employees must know to stay compliant.
Skilled Worker Visa – When a Change of Employment Application Is Required
A Skilled Worker visa holder must apply for a change of employment when their job changes in a way that materially alters the details on their current Certificate of Sponsorship (CoS). A new visa application will be required in cases such as:
- Changing to a new employer with a different sponsor licence
- Switching to a different occupation code (SOC code), unless it represents recognised career progression
- Making material changes to job duties, even within the same SOC code
- Moving from a role on the Immigration Salary List (ISL) to one that is not
- A salary reduction below the required threshold (unless due to protected reasons like maternity or sick leave)
This process is not a mere update; it’s treated as a new visa application. The worker must meet all current Skilled Worker visa requirements at the time of application.
Crucially, the individual cannot start their new job until the new visa has been approved. Doing so would constitute a breach of immigration conditions, potentially invalidating the visa.
Employers must assign a new CoS for the new role, ensuring that salary levels, job duties, and the correct SOC code align with Home Office rules. Mistakes such as assigning the wrong SOC code or offering a salary below the required threshold can lead to rejection or compliance penalties.
Legal Framework Governing a Change of Employment
The legal foundation for Skilled Worker change of employment applications is set out in Appendix Skilled Worker of the UK Immigration Rules. The Home Office’s Skilled Worker caseworker guidance elaborates on when a new application is mandatory.
Under these rules:
- The worker must not start a new role until their visa for that role is approved.
- Caseworkers assess whether the change constitutes a “material change,” especially regarding SOC codes, job duties, and salary levels.
- Sponsors must use the Sponsorship Management System (SMS) to report changes and maintain compliance records.
No new application is required for minor changes, such as a pay rise or internal promotion within the same SOC code, where the job duties remain substantially the same.
When You Don’t Need to Notify the Home Office
Not every change triggers the need for a new visa or formal Home Office notification. Skilled Worker visa holders do not need to apply for a change of employment if:
- They continue working for the same employer under the same SOC code
- The new position is within the same occupation code and not moving from an ISL to a non-ISL role
- Their salary increases (e.g., due to pay review or promotion)
- They experience temporary absences of less than 4 weeks in a calendar year
Even where pay is reduced due to authorised absences (such as maternity, paternity, sick leave, or humanitarian response work), this does not usually need to be reported — provided the sponsor has approved the absence and the adjusted salary still meets minimum visa thresholds.
Employers should, however, keep detailed records of such changes in case of a Home Office audit.
Sponsor Obligations During a Change of Employment
Employers holding a sponsor licence have legal duties to ensure they comply with sponsorship requirements when hiring or retaining Skilled Worker employees.
Before offering a job, the sponsor must ensure:
- The position appears on Appendix Skilled Occupations and meets the required RQF skill level (usually RQF6 or above, unless an ISL/TSL code applies).
- The salary meets or exceeds the minimum threshold for that SOC code.
When proceeding, the sponsor must:
- Create and assign a new Certificate of Sponsorship via the SMS.
- Accurately cite the correct occupation code, salary, and contract details.
- Mark the CoS clearly as a “change of employment.”
- Ensure the CoS is issued before the worker applies; backdating is prohibited.
If the worker is moving internally to a role that requires a new visa, the sponsor should retain evidence that the new job meets the salary and skill criteria. If the employee is leaving for another sponsor, the current employer must report the end of sponsorship within 10 working days.
Once the Home Office approves the new application, the new sponsor must perform a right-to-work check through the View and Prove service before the employee starts work.
Sponsors should also maintain compliance records (contracts, payslips, attendance logs) and schedule pay reviews to ensure salaries continue to meet thresholds at renewal or settlement stages.
Get to know about: UK Shortage Occupation List for Skilled Worker Visa: 2025 Update
Responsibilities of the Sponsored Worker
The sponsored worker also has clear duties under the visa conditions.
The individual must:
- Obtain the new CoS reference number from their new (or current) employer
- Complete the Skilled Worker visa application via GOV.UK, entering the new CoS number
- Pay the required visa fee and Immigration Health Surcharge (IHS)
- Upload valid supporting documents (passport, financial proof, professional registration where applicable)
If the applicant has already met the English language requirement and provided it in a prior application, it does not need to be resubmitted (unless the person has been in the UK for under a year).
The sponsored worker must not start the new job until they have received formal approval from the Home Office. Although priority and super-priority services may expedite processing, starting work early is a violation of visa terms and could lead to visa cancellation.
Timelines and Practical Considerations When Changing Employers
A Skilled Worker visa holder may apply to update their visa up to three months before the new job’s intended start date. During the application process, the worker can remain employed with their current sponsor or serve their notice period.
If the current visa is approaching expiry, the new application must be submitted before it expires.
While the application is pending, the applicant cannot travel outside the UK, Channel Islands, Isle of Man, or Ireland. Leaving the Common Travel Area before a decision is made will automatically withdraw the application.
Importantly, the new job cannot begin until the visa is granted, even if the CoS has been assigned and the application submitted.
Meeting Skilled Worker Visa Requirements When Changing Employers
All the core Skilled Worker visa eligibility criteria apply again when changing employers. The worker must:
- Have a valid job offer from a licensed sponsor
- Obtain a new Certificate of Sponsorship
- Ensure the job is at the appropriate skill level
- Earn a salary meeting the minimum threshold for the role and occupation code
- Demonstrate continued English language proficiency
Only employers holding an active sponsor licence can issue a CoS. The job offered must be on the Home Office list of eligible occupations, which can be cross-checked using the ONS occupation coding tool.
If the worker has previously proved their English ability and been in the UK for over a year, they typically do not need to resubmit this evidence.
Need Expert Legal Help?
Changing employers as a Skilled Worker visa holder can be a legally sensitive process. Both employers and employees must comply fully with the Home Office’s sponsorship and immigration rules to avoid visa breaches or compliance penalties.
At Gulbenkian Andonian Solicitors, our immigration lawyers have decades of experience advising businesses and skilled professionals on sponsor licence compliance, Skilled Worker visa changes, and urgent visa renewals.
We assist with:
- Preparing and reviewing new Certificates of Sponsorship
- Assessing SOC code and salary compliance
- Managing Home Office communication and application submissions
- Advising on timelines, documentation, and lawful employment transitions
If you are a Skilled Worker looking to change jobs, or an employer unsure of your sponsorship obligations, contact us today for specialist legal guidance.
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FAQs
You must not start your new role until the Home Office has approved your change of employment application. Starting early, even with the same sponsor, will breach your visa conditions and may result in your leave being curtailed.
Once your sponsor notifies the Home Office that your employment has ended, UKVI typically gives you 60 days (or until your visa expiry date) to either find a new sponsoring employer, switch to a different visa route, or leave the UK. Staying beyond this period without valid leave would make you an overstayer, risking future UK visa refusals.
You can only change employers after receiving approval for your new application. If you apply for an extension and later decide to work for a new sponsor, you must withdraw your current application and submit a new Skilled Worker application with the new CoS.
Applications may be refused if the new job does not meet the required salary threshold, the wrong SOC code is used on the CoS, the employer is not an approved sponsor, the applicant starts the job before approval, or if missing or inconsistent information is provided. Always verify all details before applying, and consider legal review to minimise risk.
Not necessarily. If your promotion remains within the same SOC code and there are no material changes to your job duties, salary, or occupation, then a new CoS and visa application are not required. However, your sponsor must still record the change on their internal HR files.
