Navigating UK Immigration After Job Loss on a Skilled Worker Visa

If you're a skilled worker in the UK and you've recently lost your job, understanding your immigration options is crucial to maintain your legal status and potentially continue your stay in the UK.

Immediate Actions Post-Job Loss

Notify the Home Office: Your employer is required to inform the UK Visas and Immigration (UKVI) about your job loss within 10 working days. This triggers a process where your visa might be curtailed, giving you a 60-day window to act from the date you receive the curtailment letter from UKVI.

Staying in the UK

Finding New Employment: While your leave to remain is still valid, you can look for another job with a UK employer who holds a sponsor licence. Once you secure a new job offer, you'll need a new Certificate of Sponsorship (CoS) from your new employer to apply for a new Skilled Worker visa. You should apply for this new visa before your current leave to remain expires or within the 60-day curtailment period if applicable.

Alternative Visa Routes: If finding new employment within the 60-day period proves challenging, consider switching to another visa category. Options might include:

Family Visa: If you have a partner who is a British citizen or has settled status, you could apply for a spouse or partner visa.

Student Visa: If you wish to study in the UK.

Global Talent Visa or other work-related visas if you qualify under different criteria.

The Curtailment Letter and Travel

Understanding the Curtailment Letter: If you receive a curtailment letter, it means your visa will be shortened, typically to 60 days from the date of the letter. This period is your grace time to either find new employment, switch visa categories, or prepare to leave the UK.

Impact of Leaving the UK: If you decide to leave the UK after receiving a curtailment letter, be aware that you might not be allowed back into the country on your existing visa. The UKVI can cancel your visa if you leave, especially if your reason for staying (employment) no longer exists. Re-entry could only be possible with a new visa application, which would need to be processed from outside the UK. This includes adhering to any cooling-off periods if they apply to your visa type.

Important Considerations

Legal Advice: Given the complexity and potential consequences of each decision, consulting with an immigration lawyer can provide tailored advice to your situation. They can assist in navigating the application process, especially if you're considering switching to a different visa type or if there's a dispute over the curtailment decision.

Documentation: Keep all relevant documents, including any correspondence from the Home Office, proof of job searches, and any new job offers or CoS, well-organized. These will be crucial for any new visa application or if you need to challenge a decision.

Monitor Your Status: Regularly check your immigration status online or via the UKVI app to ensure you're up to date with any changes or requirements.

Losing your job doesn't necessarily mean you must leave the UK immediately, but proactive steps must be taken to secure your immigration status. Stay informed, act swiftly, and seek professional advice to navigate this challenging time effectively.