Skilled Worker Change of Employment

skilled worker change of employment

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Skilled Worker visa holders are subject to a number of ongoing conditions during their period of leave in the UK, including the requirement to notify the Home Office of certain changes to their circumstances. One of the most significant of these is a change of employment.

Whether the worker is moving to a new role with the same sponsor, taking a job with a different employer or altering their job in a way that affects their occupation code or salary, the correct procedure must be followed.

The implications of failing to comply with the rules can be serious. An incorrect or missed application may result in the individual working in breach of their visa conditions, which can lead to curtailment of permission, loss of lawful status and problems with future immigration applications.

For employers, allowing a sponsored worker to start a new role without the required approval can amount to a breach of sponsor duties, exposing the business to Home Office enforcement action, including sponsor licence downgrading, suspension or revocation.

This article explains when a change of employment application is required under the Skilled Worker route, what steps both employers and workers must take and the risks involved in getting it wrong.

 

Section A: Skilled Worker Visa Change of Employment Rules

 

Skilled Worker visa holders are required to apply for a change of employment if they are taking on a new job that is materially different from the one stated in their current Certificate of Sponsorship (CoS), such as:

 

  •  Changing employers (new sponsor licence).
  • Switching to a different SOC code, except for recognised career progression within the same SOC code.
  • Material changes in job duties, even within the same SOC code.
  • Moving from an ISL role to a non-ISL role.
  • Salary reductions below the threshold, unless due to protected absences, such as statutory maternity, paternity, shared parental, adoption leave, sick leave, assisting the police or humanitarian crisis response.

 

The change of employment process is not a simple amendment. It is treated as a full, new visa application, and the applicant must meet all of the requirements of the route at the time of submission.

Importantly, the worker is not allowed to start the new role until visa approval is granted. There is no grace period allowing the applicant to begin the new role while waiting for approval.

The employer must assign a new CoS, and the applicant must submit the visa application before starting the new job. Failure to do so can result in a breach of visa conditions.

Common risks include selecting the wrong SOC code, offering a salary that does not meet the required threshold, or failing to assess whether the change triggers the need for a new application.

Employers should also confirm whether the proposed role meets the eligibility requirements of the Skilled Worker route. Any errors in this process may affect the individual’s right to work and the employer’s compliance status.

 

Section B: Legal Framework

 

The core requirements for change of employment are set out in Appendix Skilled Worker of the Immigration Rules.

The Home Office Skilled Worker caseworker guidance also confirms when a change of employment application is mandatory. The key sections state that a worker must not start their new job until the application is approved, unless the change does not trigger a new application (e.g. a pay increase or promotion within the same SOC code).

It sets out what constitutes a material change, how caseworkers should assess SOC code changes, and what evidence is required to show the new job meets all Skilled Worker criteria (salary, skill level, sponsor licence, etc.).

Sponsor guidance (Part 2, Section 9) requires employers to report role changes via the Sponsorship Management System (SMS), maintain records, and ensure compliance with salary, skill and working hours rules.

No application is needed for minor changes, such as a salary increase or promotion within the same SOC code without material duty changes.

 

 

Section C: No Requirement to Notify the Home Office

 

In certain circumstances, there will be no requirement to make a change of employment application. If the worker continues to be sponsored by the same employer, and their new position is in the same occupational code and they are not switching from a position that is on the Immigration Salary List to one that is not, no new application or notification is required. Also, if the individual’s amount of base pay has increased, this does not need to be reported.

A reduction or cessation or pay during absences of less than 4 weeks in a calendar year also do not need to be reported.

If the worker has missed more than four weeks of work in a calendar year, resulting in an unpaid absence or pay reduction, notification is not required where the absence was due to statutory parental leave, shared parental leave, maternity leave, paternity leave, adoption leave, sick leave, assisting the police or responding to a humanitarian or environmental crisis on a national or international scale, provided the sponsor has approved the absence. The same applies to absences for the purpose of participating in legally-sanctioned activities.

Note that salary reductions due to protected absences must still meet the relevant salary requirement.

 

Section D: Sponsor Obligations

 

Before any offer is made, the prospective sponsor checks that the job appears in Appendix Skilled Occupations, the role must be RQF 6 or above unless it is an ISL or TSL code at RQF 3‑5 or a continuing‑employment option held before the relevant cut‑off date.

Using the Sponsorship Management System, the employer creates a new CoS that:

 

  • cites the correct SOC 2020 occupation code;
  • states the agreed gross PAYE salary (excluding bonuses or overtime);
  • identifies the application as a “change of employment”; and
  • lists accurate start and end dates.

 

The CoS must be assigned before the worker submits the visa application and must not be back-dated.

If a change‑of‑employment application is needed, the new CoS replaces the need for a separate role‑change report.

If the worker is moving internally to a different role that does trigger a new application, the sponsor should retain evidence of how the salary and duties meet the new rules. If the worker is leaving for another sponsor, the original employer must report the end of sponsorship.

The new sponsor carries out a repeat right to work check once the Home Office approves the application and issues the digital status. The worker must not start the new job until that permission is visible on the View and Prove service.

Employer schedules any future pay rises needed to stay above the salary threshold at extension or settlement; worker monitors time spent on statutory leave to avoid inadvertent salary breaches.

Both parties retain contracts, payslips, attendance and absence records in line with sponsor guidance for potential Home Office audit.

Sponsor maintains ongoing right to work checks; worker adheres to visa conditions (no recourse to public funds, employment limited to sponsored role plus supplementary work within permitted hours).

 

Section E: Sponsored Worker Duties

 

The worker obtains the CoS reference from the new (or current) sponsor and confirms that the salary, hours and SOC code match the offer letter.

Using the Skilled Worker form on GOV.UK, the applicant inputs the new CoS number, and pays the visa fee and Immigration Health Surcharge (if applicable) for the application to be processed.

Unless exempt, the worker uploads a valid passport, proof of maintenance funds (or a sponsor maintenance certification), and any professional registration documents required for the role. English language documents are not required again if they were accepted in a previous Skilled Worker grant.

Employment in the new role may only begin once the Home Office has granted permission. Priority or super-priority processing may be requested, but starting early before authorisation has been given (even on the same sponsor’s payroll) breaches visa conditions.

 

Section F: Timings when Changing Employer

 

You can apply to update your visa up to three months before the intended start date of your new job. While you are waiting for the application to be processed, you can carry on working in your current job and / or work out your notice period.

If your current Tier 2 visa is near its expiry then you must make sure that you submit your application to switch to the Skilled Worker visa before the visa expires.

You are not allowed to travel outside the United Kingdom, the Channel Islands, Ireland and the Isle of Man while your application is pending. If you do travel outside these places before you have received the decision on your application, the application will be withdrawn unilaterally by the UK Home Office.

You are not allowed to start your new job with a new employer until you have received confirmation that your application has been approved.

 

Section G: Cost to update a Skilled Worker Visa

 

The cost of the Skilled Worker visa for the applicant depends on whether the certificate of sponsorship has been issued for under or over three years and whether the job is on the Immigration Salary List.

 

Application Setting Job Duration Standard Fee Lower Fee: Immigration Salary List
Applying from outside the UK Up to 3 years £769 £590
Applying from outside the UK More than 3 years £1,519 £1,160
Applying from inside the UK Up to 3 years £885 £590
Applying from inside the UK More than 3 years £1,751 £1,160

 

 

In addition, the applicant must have paid the Immigration Health Surcharge, to cover for the full number of years stated on the certificate of sponsorship.

 

Section H: Skilled Worker Visa Requirements

 

The Skilled Worker visa requirements must continue to be met when a sponsored worker is looking to change employers. These include having a job offer from an approved employer; a Certificate of Sponsorship (CoS) from the employer; the job named on the certificate is at a suitable skill level and features on the list of Home Office eligible occupations; the salary meets the applicable minimum threshold requirement for the applicable SOC code; and proof of knowledge of the English language.

To retain sponsored status, the worker will need to have an offer of employment from a licensed sponsor. Only employers that are licensed by the UK government can issue Certificates of Sponsorship.

They also need to confirm that the job is eligible for a Skilled Worker visa. The UK Home Office has published a list of eligible jobs, together with their occupation codes, on the gov.uk website. The Office for National Statistics occupation coding tool can be used to look up a particular job title and find its occupation code.

If the worker already has a Skilled Worker visa, then they will have already had to prove their knowledge of English and submitted the required documents (for example, ID, bank statements, certificates). The rules state that workers will only need to submit this documentary evidence again if you have been in the UK for less than one year.

 

Read our comprehensive guide to the Skilled Worker visa requirements here >> 

 

Section I: Losing a Sponsored Job

 

Losing a sponsored job, whether the worker was dismissed from their employment or chose to resign, will have an impact on the individual’s leave to remain in the UK, since their Skilled Worker visa is dependant on their sponsored employment.

The sponsor is under a duty to inform the Home Office within 10 working days that the individual is no longer employed by them. Once UKVI is notified, the worker will receive written notice of curtailment.

The individual will then have to take action either to secure new lawful status, the options for which will depend on their circumstances, or to leave the UK.

One option to remain in the UK lawfully would be to look for another eligible job and apply for a Skilled Worker visa with a different sponsor in a qualifying role. This would entail obtaining a new Certificate of Sponsorship from the prospective employer and submitting a change of employment application that must be approved before starting the new role.

There are also other visa types that the visa holder could consider depending on their eligibility, such as a family visa. Take advice to understand the possible routes open to you.

If the visa holder is not eligible for any other type of visa and cannot find another eligible job, the law states that they will have to leave the UK. The Home Office normally curtails the visa to 60 days, or to the visa expiry date if sooner, from the date of the curtailment notice.

If the visa holder does stay on in the UK without lawful status, as an ‘overstayer’ it is highly likely that they could face removal from the UK and a re‑entry ban or refusal of future UK visa applications.

 

Section J: Need Assistance?

 

We are specialists in UK business immigration, with substantial experience and recognised expertise in advising employers and workers on UK employment sponsorship, sponsor licence applications and management, and Skilled Worker visa applications. For specialist immigration advice to support your talent mobility and business operations, contact us.

 

Section K: Skilled Worker Change of Employment FAQs

 

Do I need a new visa if I move to a different role with the same employer?

A new application is only required if the new role falls under a different SOC 2020 occupation code or if the job is no longer on the Immigration Salary List when the previous one was. If the role remains within the same code and the job description is broadly unchanged, a change of employment application is not necessary.

 

Must I apply again if I change to a new sponsoring employer?

Any switch to a different sponsor, even within the same group of companies, requires a fresh Skilled Worker visa application before you start the new job.

 

Can I begin the new job while the Home Office is processing my application?

You have to wait until the new permission is granted. Starting work early is a breach of conditions and can jeopardise your immigration status and the sponsor’s licence.

 

Does a promotion count as a change of employment?

A promotion may trigger a new application if the promotion moves you into a different occupation code. If the promotion keeps you within the same code, no application is required unless salary now falls below the required threshold for that role.

 

What if my new salary is lower than my current salary?

The salary must meet the minimum level for the route at the point of application. If the proposed pay drops below the required threshold, the change of employment application will be refused.

 

Do I need to meet the English-language requirement again?

If you have already proved English for a previous grant under the Skilled Worker or Tier 2 route, you do not need to provide new evidence.

 

Does time spent on my current visa count towards settlement after I change roles?

Continuous residence under the Skilled Worker route is preserved as long as you remain sponsored and submit any required change of employment application before starting the new role.

 

Are premium or priority services available for change of employment applications?

Priority and super priority services are usually offered, subject to capacity at the chosen visa centre. Availability varies by location and may be subject to change without notice.

 

Can my dependants remain in the UK while my change of employment application is pending?

 

Dependants are not required to submit a separate application unless they need to extend their own permission. Their status remains linked to your current grant until the new decision is made.

 

What happens if the Home Office refuses my application?

If an application is refused, your current permission usually remains valid until its original expiry date. You must either submit a fresh application or make plans to leave the UK before permission expires. Your employer must stop employing you if right to work checks cannot be satisfied.

 

Section L: Glossary

 

Term Definition
Skilled Worker visa The main UK work visa route for non-British nationals taking up a qualifying skilled role with a licensed sponsor.
Change of Employment A new Skilled Worker visa application required when a sponsored worker changes employer or role in a way that meets the Home Office’s definition of a material change.
Certificate of Sponsorship (CoS) An electronic document issued by a licensed sponsor that contains details about the job offer and confirms the sponsor is endorsing the visa application.
Sponsor Licence Permission granted by the Home Office to an employer allowing them to sponsor foreign workers under the Skilled Worker route.
SOC Code Standard Occupational Classification code used to define job roles and their eligibility for sponsorship under the Immigration Rules.
Immigration Salary List (ISL) ISL roles have reduced, fixed cash floors and must be paid at 100 % of the relevant going rate (no percentage discount).
Going Rate The minimum salary specified by the Home Office for a particular SOC code. Some concessions allow for a percentage reduction based on applicant type.
Right to Work Legal permission for a person to be employed in the UK, which employers must verify and retain evidence of throughout employment.
UKVI UK Visas and Immigration, the branch of the Home Office responsible for processing visa applications and enforcing immigration control.
eVisa A digital immigration status record introduced by the Home Office to replace physical BRP cards for most visa holders from 2025 onwards.
Priority/Super Priority Service Optional paid services that provide faster processing of visa applications, usually offering a decision within 5 working days or by the next working day, respectively.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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