Skilled Worker Change of Employment Rules 2026

skilled worker change of employment

SECTION GUIDE

A Skilled Worker change of employment is one of the most common and most misunderstood compliance risks under the UK sponsorship system. Many sponsored workers assume that moving roles within the same organisation, accepting a promotion or transferring to a related company within a group does not require Home Office approval. In practice, the Immigration Rules impose strict conditions. In certain circumstances, a change of employment triggers a full new visa application and the worker must not begin the new role until permission is granted.

For employers, the risk is equally significant. Allowing a sponsored worker to start a new role without the required approval can amount to a breach of sponsor duties. This exposes the business to Home Office enforcement action by UK Visas and Immigration (UKVI), including licence downgrade, suspension or revocation. It can also remove the statutory excuse and trigger illegal working civil penalty exposure if a worker is employed in breach of their conditions.

Since the April 2024 reforms to salary thresholds and occupation coding rules, change of employment assessments have become more technical. Transitional salary arrangements may continue to apply for some individuals who were sponsored before 4 April 2024, but only where the relevant transitional criteria are met under the rules. Any change that requires a fresh application must be assessed carefully against the salary framework that applies at the date of the new application, including any transitional provisions that remain available. Employers should also keep the wider compliance context in view, including ongoing Home Office policy updates affecting sponsors and sponsored workers under the UK immigration system.

What this article is about

This guide explains when a Skilled Worker change of employment application is legally required, when it is not required, and how employers and workers should manage the process. It examines the Immigration Rules, sponsor guidance, salary thresholds, transitional arrangements and right to work implications. The focus is on change of employment only, not general Skilled Worker visa eligibility.

 

Section A: When Is a Skilled Worker Change of Employment Required?

 

A Skilled Worker change of employment application is required where the worker’s new role differs in a way that falls within the definition of a “change of employment” under Appendix Skilled Worker. The starting point is that a Skilled Worker is granted permission to undertake a specific role, for a specific sponsor, under a specific occupation code and salary level. If those core elements change, the worker may need to submit a fresh application before starting the new job.

The following are the primary circumstances in which a change of employment application is mandatory.

 

1. Changing employer (new sponsor)

 

If a Skilled Worker moves to a different sponsoring employer, even within the same corporate group, a new Skilled Worker application is required. Each sponsor licence is legally distinct. The new employer must hold a valid sponsor licence, assign a new Certificate of Sponsorship (CoS), and confirm the job meets the skill and salary requirements.

The worker must submit the new visa application and receive approval before starting work with the new sponsor. There is no grace period permitting employment while the application is pending.

 

2. Changing occupation code (SOC 2020)

 

If the worker’s new role falls under a different SOC code from that stated on their current CoS, a change of employment application is required.

This applies even if the employer remains the same, the salary increases, or the role is a promotion. The key issue is classification. If the duties are such that the role can no longer properly be described under the original occupation code, a new application must be made before the new role begins.

Employers should document the rationale for any SOC classification, as incorrect coding is a common trigger for sponsor compliance action.

 

3. Moving from an Immigration Salary List role to a non-Immigration Salary List role

 

Where the worker’s original grant relied on a role appearing on the Immigration Salary List and they are moving to a role that is not on the Immigration Salary List, a new application is required. The salary thresholds applicable to Immigration Salary List roles differ from non-Immigration Salary List roles, and the worker must meet the correct threshold at the date of application.

This has become more significant following the April 2024 salary reforms, which introduced higher general thresholds and narrower concessions.

 

4. Salary changes below required threshold

 

If the proposed new role would result in the worker’s salary falling below the applicable minimum threshold or the relevant going rate for that SOC code, the worker cannot simply vary their employment. A change of employment application would be required, and it would be refused unless the salary meets the relevant criteria.

The applicable threshold depends on whether the worker is subject to post-April 2024 salary levels, whether transitional arrangements apply, whether the worker qualifies as a new entrant Skilled Worker, and whether the role appears on the Immigration Salary List.

Salary compliance must be assessed at the point of application. Sponsors should not assume that historic thresholds apply automatically.

 

5. Internal moves amounting to a new role

 

An internal move within the same employer may require a change of employment application if the move constitutes a new role under a different occupation code.

By contrast, a genuine promotion within the same SOC code, where the core duties remain aligned with that code and the salary continues to meet the relevant threshold, will not normally require a fresh application.

This distinction is fact-sensitive. Employers should conduct a structured review of job description, reporting lines, core duties, salary level and occupation code alignment. If the analysis indicates that the role should be coded differently under SOC 2020, a change of employment application must be made before the worker begins the new position.

Section Summary

A Skilled Worker change of employment application is required where there is a change of sponsor, a change of occupation code, a move affecting Immigration Salary List status, or a shift that undermines salary compliance. The central principle is that the worker is granted permission for a defined sponsored role. If that defined role changes in the ways prescribed by the Immigration Rules, a fresh application and approval are mandatory before employment can begin.

 

Section B: When Is a Skilled Worker Change of Employment Not Required?

 

Not every variation in duties, pay or working arrangements triggers a Skilled Worker change of employment application. The Immigration Rules distinguish between changes that alter the core elements of sponsorship and those that remain within the scope of the existing grant.

Understanding this distinction is critical for employers. Over-reporting can create unnecessary administrative burden, while under-reporting exposes the sponsor to compliance action. Sponsors should assess each proposed change against Appendix Skilled Worker and the relevant sponsor guidance before deciding whether a fresh application is required.

The following are the main circumstances in which a new application is not required.

 

1. Promotion within the same SOC 2020 code

 

A promotion or internal progression will not require a change of employment application where the worker remains with the same sponsor, the role continues to fall under the same SOC 2020 occupation code, and the salary meets or exceeds the applicable threshold and going rate.

The decisive issue is occupation code alignment. A promotion that involves increased responsibility but remains within the same occupational classification will not normally trigger a fresh application.

However, if the promotion changes the fundamental nature of the role such that it must be classified under a different SOC code, a change of employment application becomes mandatory.

Employers should document the reasoning behind maintaining the existing SOC code, particularly where the job title changes.

 

2. Salary increases

 

A salary increase does not require a change of employment application.

In most cases, a salary increase does not require reporting via the Sponsorship Management System either, provided the role itself has not changed, the occupation code remains accurate, and the new salary continues to meet or exceed the relevant threshold, including the applicable Skilled Worker minimum salary requirements and the relevant going rate.

Sponsors should retain internal records evidencing salary adjustments to demonstrate ongoing compliance with the Immigration Rules.

 

3. Temporary salary reductions during permitted absences

 

Temporary reductions in salary during authorised absences do not trigger a change of employment application where the absence falls within permitted categories, such as statutory maternity, paternity, adoption or shared parental leave, statutory sick leave, assisting the police with an investigation, responding to a national or international humanitarian or environmental crisis, or legally sanctioned industrial action.

The reduction must be temporary and in accordance with sponsor guidance. Sponsors must ensure that salary returns to compliant levels once the period of authorised absence ends. Unauthorised unpaid leave or prolonged reductions outside permitted categories may instead trigger reporting duties or curtailment risk.

 

4. Minor contractual adjustments

 

Minor changes to working patterns, reporting lines or job titles that do not alter the occupation code, the core duties, the salary compliance position or the sponsor will not require a change of employment application.

Sponsors should still consider whether any reporting obligation arises under sponsor guidance. The test is whether the change affects the worker’s core sponsored role as defined in the Certificate of Sponsorship.

 

5. Transitional salary protection

 

Where transitional salary provisions apply, for example where the worker was sponsored before 4 April 2024 and remains eligible for transitional thresholds under the Immigration Rules, internal changes that do not alter occupation code or sponsor will not automatically disapply transitional protection.

However, if a change of employment application is required, the worker must meet the salary requirements applicable at the date of the new application, taking into account any transitional provisions that lawfully continue to apply. Sponsors should assess the worker’s individual circumstances carefully before approving internal moves.

Section Summary

A Skilled Worker change of employment application is not required for promotions within the same SOC code, salary increases, temporary reductions during authorised absences or minor contractual changes that do not affect the core sponsored role. The central test remains whether the change alters the occupation code, sponsor or salary compliance position under the Immigration Rules.

 

Section C: Legal Framework Governing Skilled Worker Change of Employment

 

A Skilled Worker change of employment is governed primarily by the Immigration Rules and associated sponsor guidance. The Rules define when a new application is required, while sponsor guidance sets out reporting, record-keeping and compliance obligations. Employers should not treat change of employment decisions as administrative matters. They are legal determinations under the Immigration Rules.

The relevant framework consists of three core sources: Appendix Skilled Worker, Appendix Skilled Occupations and the Home Office Sponsor Guidance.

 

1. Appendix Skilled Worker

 

Appendix Skilled Worker sets out the validity, sponsorship, skill level and salary requirements for the Skilled Worker route. It also defines the conditions attached to permission, including the restriction that the worker may only undertake the sponsored role described in their Certificate of Sponsorship, together with limited supplementary work permitted under the rules. For detailed guidance on permitted additional roles, see the rules on supplementary work.

A Skilled Worker is granted permission to undertake a specific sponsored role. Where a worker seeks to take up a different role that falls outside the scope of the original grant, a fresh application must be made before that employment begins.

At the date of a change of employment application, the worker must meet the relevant salary threshold, including any applicable transitional provisions, the appropriate going rate for the occupation code, the skill level requirement (RQF Level 3 or above), and the sponsorship requirement.

 

2. Appendix Skilled Occupations and SOC 2020

 

Appendix Skilled Occupations identifies eligible roles and their corresponding SOC 2020 codes. Correct classification is central to determining whether a change of employment application is required.

Where the worker’s new duties fall under a different SOC 2020 code, this is treated as a change of employment requiring a new application. Employers must ensure that the selected SOC code accurately reflects the role’s core duties and that the correct going rate is applied. Further detail on salary banding by occupation can be found in guidance on the Skilled Worker going rate.

Incorrect occupation coding is a frequent area of scrutiny during Home Office compliance audits.

 

3. Sponsor Guidance and compliance duties

 

Sponsor Guidance Part 2 sets out sponsor duties relating to reporting changes via the Sponsorship Management System, maintaining records, monitoring sponsored workers and ensuring ongoing compliance with salary and working hours requirements.

Where a change of employment application is required and a new Certificate of Sponsorship is assigned, that CoS will normally reflect the updated role. However, other reportable events, including termination of sponsorship, must still be reported within the prescribed time limits.

Failure to comply with sponsor duties may result in licence downgrade, suspension or sponsor licence revocation, alongside curtailment of sponsored workers’ leave.

 

4. April 2024 salary reforms and transitional arrangements

 

The April 2024 changes to Skilled Worker salary thresholds significantly altered the change of employment landscape. General salary thresholds increased, and the operation of concessions such as new entrant status and the Immigration Salary List was refined.

Workers sponsored before 4 April 2024 may benefit from transitional salary rules when extending or settling in the same role. However, where a change of employment application is required, the salary requirements applicable at the date of the new application must be met, subject to any transitional provisions that continue to apply under the Immigration Rules.

This makes change of employment decisions particularly sensitive for long-standing sponsored workers. An internal promotion or external move may move the worker into a different salary regime and affect eligibility for future Skilled Worker settlement (ILR).

Section Summary

The legal framework governing a Skilled Worker change of employment is rooted in Appendix Skilled Worker, Appendix Skilled Occupations and sponsor guidance. A change affecting sponsor identity, occupation code or salary compliance will usually require a fresh application. Since April 2024, salary reforms and transitional provisions have made this assessment more technical and fact-specific.

 

Section D: Step-by-Step Process for a Skilled Worker Change of Employment

 

Where a Skilled Worker change of employment application is required, the process is not an informal update. It is a structured legal procedure that must be followed in the correct sequence. Both the sponsor and the worker have defined responsibilities, and employment in the new role must not begin until permission is granted.

The following outlines the correct procedural steps.

 

1. Assess whether a new application is required

 

Before any formal action is taken, the sponsor should conduct a compliance review to determine whether the proposed change triggers a Skilled Worker change of employment application.

This assessment should consider whether the sponsor is changing, whether the SOC 2020 occupation code will change, whether the role remains at RQF Level 3 or above, whether the salary meets the applicable threshold and going rate, and whether transitional salary arrangements apply.

This review should be documented internally. Many compliance failures arise from informal internal transfers that were not properly analysed.

 

2. Assign a new Certificate of Sponsorship

 

If a change of employment application is required, the sponsor must assign a new Certificate of Sponsorship via the Sponsorship Management System.

The CoS must reflect the correct SOC 2020 occupation code, state the accurate gross PAYE salary (excluding impermissible allowances), confirm the working hours, and identify the application as a change of employment where applicable. The CoS must be assigned before the worker submits their application and must not be backdated.

 

3. Submit the Skilled Worker change of employment application

 

The worker must submit a fresh Skilled Worker application using the new CoS reference number.

At the date of application, the worker must meet all relevant requirements under Appendix Skilled Worker, including sponsorship, skill level, salary and validity requirements. If not previously satisfied under the route, the English language requirement must also be met, with reference to the applicable Skilled Worker English language rules.

The worker must pay the applicable Skilled Worker visa fees and the Immigration Health Surcharge for the relevant period of leave.

The application must be submitted before the current visa expires if the worker’s leave is approaching expiry.

 

4. Continue working in the existing role

 

While the application is pending, the worker may continue to work in their current sponsored role.

However, the worker must not begin employment in the new role until the Home Office grants permission. This applies even where the sponsor is the same employer or the new role is within the same corporate group. There is no bridging permission allowing early commencement of the new role.

 

5. Travel restrictions during a pending in-country application

 

Where the worker applies from within the UK, they must not travel outside the Common Travel Area (the UK, Channel Islands, Isle of Man and Ireland) while the application is pending. If the worker leaves the Common Travel Area before a decision is made, the application will be treated as withdrawn under the Immigration Rules.

Employers should ensure that sponsored workers understand this restriction before submitting an application.

 

6. Right to work confirmation after approval

 

Once the application is approved, the worker will receive updated digital immigration status. The new sponsor must conduct a compliant right to work check using the Home Office online service, typically via a right to work share code, before employment in the new role begins.

Only once approval is granted and right to work has been verified may the worker lawfully begin the new employment.

Section Summary

A Skilled Worker change of employment requires a structured process: compliance assessment, new CoS assignment, fresh visa application, and Home Office approval before employment begins. The worker may continue working in their existing role while the application is pending but must not start the new role. Sponsors must complete a compliant digital right to work check before the new employment commences.

 

Section E: Salary Rules in a Skilled Worker Change of Employment

 

Salary compliance is one of the most technically sensitive aspects of a Skilled Worker change of employment. Since April 2024, the UK government has significantly increased salary thresholds and narrowed concessions. A change of employment application requires the worker to meet the salary requirements in force at the date of the new application, not those that applied when their original visa was granted.

Employers must therefore treat any proposed change of employment as a fresh salary compliance exercise.

 

1. General salary threshold

 

Under the current framework, a Skilled Worker must be paid at least the applicable general salary threshold and the relevant going rate for the occupation code. The higher of these two figures must be met.

Following the April 2024 reforms, the general threshold increased substantially. However, transitional arrangements may apply where the worker was sponsored before 4 April 2024 and remains eligible under the Immigration Rules. Sponsors should assess carefully whether transitional protection continues to apply in the context of a change of employment.

Guidance on current salary levels and thresholds can be found in the Skilled Worker minimum salary requirements resource.

 

2. Going rate requirement

 

Each SOC 2020 occupation code has a defined going rate set out in Appendix Skilled Occupations. The worker must be paid at least the going rate for the role, adjusted where relevant for weekly working hours or any lawful concessions.

The going rate calculation must be based on guaranteed gross basic pay paid through PAYE. Most bonuses, overtime payments and benefits in kind cannot be counted toward meeting the threshold. For further detail, see the guidance on the Skilled Worker going rate.

Incorrect calculation of the going rate is a frequent cause of refusal and sponsor compliance action.

 

3. Immigration Salary List roles

 

Where a role appears on the Immigration Salary List, a lower general salary threshold may apply. However, the worker must still meet 100% of the going rate for the occupation code. Immigration Salary List concessions cannot be combined with new entrant reductions.

If a worker moves from an Immigration Salary List role to a non-Immigration Salary List role, the salary assessment must be recalculated under the standard Skilled Worker thresholds. This frequently results in a higher minimum salary requirement.

 

4. New entrant concessions

 

Certain workers may qualify as a new entrant Skilled Worker, allowing a lower salary threshold to apply. This status is subject to strict eligibility criteria and a maximum cumulative duration of sponsorship as a new entrant.

Where a change of employment application is made, sponsors must assess whether the worker still qualifies as a new entrant at the date of application and remains within the permitted time limit. If the worker no longer qualifies, the experienced worker thresholds will apply.

 

5. Transitional arrangements for pre-April 2024 sponsorship

 

Workers sponsored before 4 April 2024 may benefit from transitional salary rules when extending or settling in the same role. However, where a change of employment application is required, the salary rules in force at the time of the new application must be met, subject to any transitional provisions that continue to apply under Appendix Skilled Worker.

This is particularly relevant where a worker is promoted into a different SOC code, changes employer, or moves from an Immigration Salary List role to a non-Immigration Salary List role. Sponsors should assess the impact of a change of employment on the worker’s long-term plans, including eligibility for Skilled Worker settlement (ILR).

Section Summary

Salary compliance sits at the centre of any Skilled Worker change of employment. The worker must meet both the general threshold and the going rate at the date of the new application. Immigration Salary List status, new entrant concessions and transitional arrangements may affect the applicable threshold, but each requires careful legal analysis under the Immigration Rules.

 

Section F: Sponsor Duties and Compliance Risks in a Skilled Worker Change of Employment

 

A Skilled Worker change of employment does not only engage the worker’s immigration status. It also engages the sponsor’s statutory duties under the sponsor licence regime. The Home Office expects sponsors to exercise active oversight when sponsored workers change roles, change salary or move within a corporate structure.

Failure to manage a change of employment correctly can expose the sponsor to enforcement action, including licence downgrade, suspension or revocation.

 

1. Duty to assess role eligibility

 

Before approving any internal move or external hire involving a Skilled Worker, the sponsor must assess whether the role is eligible under Appendix Skilled Occupations, whether the correct SOC 2020 code has been identified, whether the salary meets the applicable threshold and going rate, and whether the worker meets any relevant transitional or concessionary criteria.

This assessment should not be treated as an informal HR decision. It is a compliance exercise under the Immigration Rules. Sponsors should retain written evidence of how the occupation code and salary were determined.

 

2. Reporting obligations

 

Sponsor Guidance requires sponsors to report certain changes via the Sponsorship Management System within specified time limits.

Where a change of employment application is required and a new Certificate of Sponsorship is assigned, that CoS will normally reflect the updated role. However, other changes, including termination of sponsorship or certain contractual variations, must still be reported separately where required under the guidance.

If a sponsored worker leaves the organisation, the sponsor must report this within 10 working days. Failure to do so may result in compliance action.

 

3. Right to work compliance

 

Right to work compliance is central to managing a Skilled Worker change of employment.

If the worker is changing employer, the new sponsor must not permit employment to begin until the Home Office has granted permission. A compliant right to work check must be carried out using the Home Office online system, typically through a right to work share code, before employment commences.

If the worker is moving internally into a role that requires a new application, the worker must not begin the new role until approval is granted. Continuing to employ the individual in a role not covered by their visa conditions risks illegal working exposure and loss of the statutory excuse. Sponsors should refer to guidance on how to check an employee’s right to work in these scenarios.

 

4. Record-keeping requirements

 

Sponsors must retain copies of contracts and job descriptions, evidence of salary payments, records of absences, evidence of right to work checks, and documentation supporting occupation code selection.

During a Home Office compliance audit, sponsors are expected to demonstrate that they have exercised proper oversight when role changes occurred. Further guidance on maintaining compliant systems is available in our resource on sponsor licence compliance.

A common audit finding is the absence of documented analysis explaining why a promotion did not trigger a change of employment application.

 

5. Consequences of non-compliance

 

Where a sponsor fails to manage a Skilled Worker change of employment correctly, potential consequences include licence downgrade from A-rating to B-rating, imposition of an action plan, suspension of the sponsor licence or sponsor licence revocation.

In serious cases, reputational harm and disruption to business operations may follow. The Home Office takes particular interest in cases where workers begin new roles before approval or where salary thresholds have been miscalculated.

Section Summary

A Skilled Worker change of employment engages sponsor compliance duties at every stage. Sponsors must assess eligibility, assign the correct occupation code, ensure salary compliance, complete compliant digital right to work checks and maintain detailed records. Errors in classification or premature commencement of employment can result in licence downgrade, suspension or revocation.

 

Section G: What Happens If a Sponsored Worker Loses Their Job?

 

The loss of sponsored employment has immediate immigration consequences for a Skilled Worker. Because permission under the Skilled Worker route is tied to a specific sponsored role, termination of employment places the worker’s immigration status at risk unless alternative arrangements are made.

A Skilled Worker change of employment application can only be made where the worker still holds valid leave. Once sponsorship ends, time becomes a critical factor.

 

1. Sponsor reporting obligation

 

If a Skilled Worker resigns or is dismissed, the sponsor must report the end of sponsorship via the Sponsorship Management System within 10 working days.

Once UK Visas and Immigration (UKVI) receives the report, it will normally issue a curtailment notice to the worker. The curtailment period typically runs for 60 days from the date of the curtailment decision, or until the original visa expiry date if sooner.

 

2. Curtailment of leave

 

During the curtailed period, the worker must either secure a new sponsor and submit a valid Skilled Worker change of employment application, switch into another eligible immigration route, or leave the UK.

Failure to take action before the curtailed period expires will result in overstaying, which may adversely affect future immigration applications.

 

3. Securing a new sponsor

 

If the worker finds new employment with a licensed sponsor, they must obtain a new Certificate of Sponsorship and submit a Skilled Worker change of employment application before beginning work.

The worker must meet the salary and skill requirements applicable at the date of application, including any relevant transitional provisions. The worker must not begin employment with the new sponsor until permission is granted.

 

4. Impact on settlement (ILR)

 

Continuous residence under the Skilled Worker route may still count towards settlement provided the worker remains lawfully sponsored and submits any required change of employment application before starting the new role. However, periods of overstaying or unauthorised employment may break continuous residence and jeopardise eligibility for Skilled Worker settlement (ILR).

Where a worker is close to qualifying for settlement, careful timing of any change of employment application is essential.

 

5. Risk of overstaying

 

If the worker does not secure alternative lawful status within the curtailed period, they become an overstayer. Overstaying can lead to removal action and refusal of future UK visa applications.

Employers should avoid employing a worker whose leave has been curtailed unless a new grant of permission has been verified through a compliant digital right to work check.

Section Summary

Loss of sponsored employment triggers mandatory reporting by the sponsor and usually results in curtailment of leave. To remain in the UK lawfully, the worker must secure a new sponsor and submit a valid Skilled Worker change of employment application before starting work. Overstaying carries serious immigration consequences and may disrupt future settlement eligibility.

 

Section H: Common Mistakes in Skilled Worker Change of Employment Applications

 

A Skilled Worker change of employment is frequently mishandled, not because the rules are unclear, but because internal processes fail to treat the change as a formal immigration event. Most refusals and compliance breaches arise from avoidable errors in classification, salary calculation or timing.

The following are the most common mistakes made by sponsors and workers.

 

1. Starting the new role before approval

 

One of the most serious errors is allowing a worker to begin the new role before the Home Office grants permission.

This commonly occurs where the worker is moving internally within the same organisation, the employer assumes a promotion does not require approval, or the worker has resigned from their previous sponsor and is eager to start.

If the change required a fresh application, starting early places the worker in breach of visa conditions and exposes the sponsor to enforcement action. There is no lawful mechanism allowing employment to begin while a Skilled Worker change of employment application is pending.

 

2. Incorrect SOC 2020 classification

 

Selecting the wrong SOC 2020 occupation code is a frequent compliance failure.

Sponsors sometimes choose a code based on job title rather than duties, select a lower-paying code to reduce salary obligations, or fail to reassess the code following a promotion.

During audits, UKVI will examine whether the job genuinely aligns with the selected SOC code. Misclassification can result in refusal of the application, licence downgrade or, in serious cases, revocation.

 

3. Miscalculating salary thresholds

 

Post-April 2024 salary reforms have increased the complexity of salary assessments.

Common errors include applying pre-April 2024 thresholds where transitional protection does not apply, failing to meet the correct going rate, counting non-guaranteed allowances toward salary, or misapplying new entrant concessions.

Because a change of employment is assessed under the rules in force at the date of application, historic salary compliance does not guarantee ongoing compliance.

 

4. Ignoring transitional implications

 

Some employers assume that workers sponsored before April 2024 remain permanently protected under earlier salary thresholds.

In reality, a Skilled Worker change of employment application may require reassessment under current thresholds. Where a worker changes SOC code or employer, transitional provisions may not operate in the same way.

Failing to assess this risk can result in refusal and disruption to workforce planning.

 

5. Failing to document internal decisions

 

During compliance audits, the Home Office will request evidence supporting SOC code selection, salary calculation, eligibility analysis and role comparison before and after the change.

Sponsors that cannot demonstrate a structured decision-making process may face compliance action even where the underlying change was technically lawful.

 

6. Overlooking right to work timing

 

Employers sometimes rely on historic right to work checks without verifying that the worker’s new permission has been granted and that digital status reflects the updated sponsor and role.

A fresh compliant right to work check must be carried out before the worker begins employment with a new sponsor.

Section Summary

Most Skilled Worker change of employment errors arise from premature commencement of work, incorrect SOC classification, salary miscalculation or failure to assess transitional rules. Employers should adopt a documented compliance review process before approving any role change involving a sponsored worker.

 

Section I: Skilled Worker Change of Employment FAQs

 

Do I need a new visa if I change employer on a Skilled Worker visa?

 

Yes. If you move to a different sponsoring employer, you must obtain a new Certificate of Sponsorship and submit a Skilled Worker change of employment application before starting the new job. You cannot begin working for the new sponsor until the Home Office grants permission.

 

Do I need to apply again if I am promoted within the same company?

 

It depends on whether the promotion changes your SOC 2020 occupation code. If the new role falls under a different SOC code, a change of employment application is required. If the role remains within the same code and salary compliance is maintained, a new application is not normally required.

 

Can I start my new job while the application is pending?

 

No. If a Skilled Worker change of employment application is required, you must wait until the Home Office grants permission before starting the new role. Starting early would breach your visa conditions and may affect both your status and your sponsor’s licence.

 

What happens if my salary is lower in the new role?

 

Your salary must meet the applicable general threshold and going rate at the date of application. If the proposed salary does not meet the relevant requirements, the change of employment application will be refused.

 

Do transitional salary rules apply if I change roles?

 

Transitional salary rules may apply if you were sponsored before 4 April 2024 and remain eligible under the Immigration Rules. However, where a change of employment application is required, the salary rules in force at the date of the new application must be satisfied, subject to any applicable transitional provisions.

 

Does time on my current visa still count towards settlement after a change of employment?

 

Yes, provided you remain lawfully sponsored and submit any required change of employment application before starting the new role. Periods of overstaying or unauthorised employment may break continuous residence and affect eligibility for settlement.

 

Do my dependants need to apply again?

 

Dependants do not normally need to submit a fresh application unless their own leave is expiring. Their status remains linked to your current grant while your change of employment application is pending.

 

Can I travel outside the UK while my application is being processed?

 

If you submit your application from within the UK, you must not leave the Common Travel Area while it is pending. Doing so will result in the application being treated as withdrawn under the Immigration Rules.

 

What happens if the Home Office refuses my change of employment application?

 

If your application is refused, your existing permission will usually remain valid until its original expiry date, unless otherwise stated. You must either submit a new compliant application or leave the UK before your permission expires. Your employer must ensure that right to work requirements are satisfied at all times.

 

Conclusion

 

A Skilled Worker change of employment is not an administrative update. It is a formal legal event governed by the Immigration Rules and sponsor guidance. Where the change involves a new sponsor, a different SOC 2020 occupation code or altered salary compliance, a fresh visa application must be made and approved before the new role begins.

Since the April 2024 salary reforms, these assessments have become more technical. Transitional arrangements, new entrant concessions and Immigration Salary List status must all be evaluated carefully. An internal promotion that appears straightforward from an HR perspective may trigger a new application under the Immigration Rules.

For sponsors, the risks extend beyond the individual worker. Misclassification of occupation codes, premature commencement of employment or salary miscalculation can lead to licence downgrade, suspension or revocation. The Home Office expects documented, evidence-based decision making when sponsored workers change roles.

For workers, starting a new role without approval may place them in breach of their visa conditions and jeopardise future immigration applications, including settlement.

Every proposed change of employment involving a Skilled Worker should therefore be treated as a structured compliance review, not a routine contractual adjustment.

 

Section J: Glossary

 

TermDefinition
Skilled Worker Change of EmploymentA fresh Skilled Worker visa application required where a sponsored worker changes employer or moves into a role outside the scope of their existing grant.
Appendix Skilled WorkerThe section of the Immigration Rules setting out eligibility, salary, skill level and sponsorship requirements for the Skilled Worker route.
Certificate of Sponsorship (CoS)An electronic record issued by a licensed sponsor confirming details of the job offer relied upon in a Skilled Worker application.
Sponsor LicencePermission granted by the Home Office allowing an organisation to sponsor foreign nationals under the Skilled Worker route.
SOC 2020 CodeThe Standard Occupational Classification code used to categorise eligible roles under Appendix Skilled Occupations.
Immigration Salary ListA list of eligible occupations benefiting from reduced general salary thresholds, subject to meeting the full going rate.
Going RateThe minimum salary assigned to a specific SOC 2020 occupation code. The worker must meet the going rate or general threshold, whichever is higher.
Transitional ArrangementsProvisions allowing certain workers sponsored before 4 April 2024 to continue benefiting from earlier salary thresholds in defined circumstances.
CurtailmentThe process by which the Home Office shortens a visa holder’s permission following the end of sponsorship.
Right to Work CheckA mandatory check carried out by an employer to confirm that an individual has lawful permission to work in the UK.

 

Section K: Useful Links

 

ResourceLink
Appendix Skilled WorkerView on GOV.UK
Appendix Skilled OccupationsView on GOV.UK
Sponsor Guidance Part 2View on GOV.UK
Skilled Worker Visa GuideView guide
Sponsor Licence ComplianceView guide

 

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

About our Expert

Picture of Anne Morris

Anne Morris

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 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.
Picture of Anne Morris

Anne Morris

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 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.

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.