Job termination and immigration consequences for skilled workers in the UK

In the United Kingdom, the status of skilled workers and their right to stay is closely tied to their employment. This applies to individuals currently on the Skilled Worker route or those who hold valid permission under the previous Tier 2 (General) worker route.

 However, it’s important to note that if you have settlement under the EU Settlement Scheme or if you are not a sponsored worker, these rules may not apply to you.

Should your employment come to an end, it will have implications for your permission to remain in the UK. The impact on your status is consistent regardless of the circumstances surrounding the termination, though recent redundancies in the technology sector have made this issue particularly relevant.

Timeframe for Decision-Making

Once your employment ends, your sponsor, as the holder of a sponsor licence, must report the termination to UK Visas and Immigration within 10 days. This is done through the Sponsor Management System.

 Subsequently, you will receive a curtailment of leave letter, indicating that you have 60 days from the end of your employment to make necessary arrangements. The letter will specify the exact expiry date of your leave. In exceptional cases, leave may be curtailed immediately, but this is uncommon.  

Even after sponsorship has ceased, you are entitled to work during any applicable notice period, including gardening leave. Additionally, you can initiate a fresh immigration application while serving your notice period.

Timing is Key

To maximize your chances of staying in the UK, it is advisable to start exploring new job opportunities or alternative immigration routes as soon as possible.

Exploring Alternative Routes

Depending on your circumstances, several business immigration routes are worth considering: 

Global Talent route: This option is designed for talented individuals in various fields such as science, engineering, medicine, humanities, digital technology, and arts and culture.

Scale-Up route: If you have a highly skilled job offer at the required salary level, this route may be suitable. It requires sponsorship from a company with Scale-Up sponsorship.

Innovator Founder route: This route is for those aspiring to establish a business in the UK. To gain endorsement from an endorsing body, you must have an innovative, viable, and scalable business idea.

Personal immigration routes, including the spouse route, unmarried partner route, or student visa, may also be viable options.

Remaining on the Skilled Worker Route

It is possible to remain on the Skilled Workers route by finding a new employer willing to sponsor you. The new employer must hold a sponsor licence and issue a certificate of sponsorship for you. With this, you can make an immigration application to obtain permission to work in your new role.

In this case, you will need to demonstrate that the job is a genuine vacancy, meets the required skill level, and fulfills the salary requirements.  

 It’s worth noting that self-sponsorship under the Skilled Workers route is also a possibility. If you own a business that can sponsor you, the company must first obtain a sponsor licence.

 Regardless of whether you remain on the same route or switch to another, it is crucial to submit your application before your existing permission expires. Once the application is submitted, your permission is automatically extended under section 3C of the Immigration Act 1971 until a decision is made.