Success Story: Skilled Worker Switching Job Codes Under New Employment

Our Specialist Immigration Team has been successful in assisting our client (the “Applicant”) in switching job codes under new employment. The Applicant previously held leave to enter under a Tier 2 (General) visa, now replaced by the Skilled Worker visa. He approached LEXVISA after receiving an offer from a company for which the job code differed. For this reason, he sought out assistance in making an application for leave to remain in the UK under the Skilled Worker route in order to switch to an alternate job code due to new employment. We assisted the Applicant in submitting a detailed and thorough application for which we received a successful result.

This decision came after we provided strong legal representations and diligent work to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allowed us to deliver successful results for our clients.

Can I Switch Employment On A Skilled Worker Visa?

If you currently hold a Skilled Worker visa, you may switch employment provided you continue working for the same employer and your new position has the same standard occupation code (“SOC”) as your current job. In the event you want to switch employers or switch to a job with a different SOC, you must apply to amend your Skilled Worker visa.

Same Employer, Different Job Role

Provided that the following conditions are met, you will not have to file a change of employment application if you intend to switch jobs within your current employer:

  • Your new position has the same SOC code as your current role;
  • Your current job and your new job are both on the shortage occupation list;
  • You still score 70 points under the Skilled Worker application process (as you did when you initially applied), even if your salary has decreased.

New Employer, Different Job Role

If you are changing employers, you must file a change of employment application. The only exception is if you are transferring to a new employer due to a merger or acquisition under Transfer of Undertakings (Protection of Employment) (TUPE).

How Long Does It Take To Receive A Decision When Updating Or Making A New Visa Application?

The Home Office may take up to 8 weeks to provide a decision on change of job or employer applications. You can obtain a quicker decision by using the priority processing service, which costs £500 and results in a decision within 5 working days, or the super-priority processing service, which costs £800 and results in a decision within 1-2 working days. When applying, you will be notified whether the faster processing services are available to you.

Can I Change Employment Whilst My Visa Application Is Being Processed / Updated?

You may not. The Home Office is clear in stating that obtaining approval from UK Visas and Immigration (“UKVI”) is a necessary prerequisite for changing your job role or employer. Failing to wait for your application to be approved before switching jobs could violate immigration regulations. To avoid this, it is recommended that you submit your application as early as possible (up to 3 months before starting your new job). While waiting for a decision, you can continue working in your current job.

What Will Happen To My Dependants?

If your dependant family members are currently in the UK with you, you can rest assured that they can remain in the country under their current dependant visa while you pursue changing your job or employer. If your application is approved, they will be able to stay in the UK with you.

However, if your request to change your job or employer is denied, and you choose to leave the UK, your family members will also lose their right to stay in the country on their dependant visa. This is because the dependant family visa is granted solely based on the main visa holder’s Skilled Worker visa status. If you are unsure of your and your family members’ rights while in the UK, it is essential to seek the advice of an immigration solicitor who can guide you and ensure that your right to remain in the country is protected.

I Have Lost My Sponsorship Whilst On A Skilled Worker Visa, What Should I Do?

In the event that you have lost your job while holding a Skilled Worker visa, your employer is required to inform UKVI of the change in your status. UKVI will then send you a notification that your Skilled Worker visa has been curtailed, and you will have 60 days to either exit the country or apply for a different visa. If you find yourself in this situation, you have several options:

  • Seek another suitable skilled role with a new employer and submit a Skilled Worker visa application within the UK, provided you meet all the eligibility requirements outlined for the Skilled Worker visa;
  • Apply for a different type of visa, such as a family visa;
  • Apply for Indefinite Leave to Remain, if you meet the eligibility criteria (i.e., if you have already resided in the UK for the qualifying period, typically 5 years or 10 years under the long residence route).

While your application is being processed, you are permitted to stay in the UK.

Why Instruct Our Immigration Team?

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.

Contact our London immigration solicitors on 02030110276 or complete our contact form.

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