Implications of Switching to a New Employer without a Sponsor License for a Tier 2/Skilled Worker Visa Holder

As we often write in our blogs, it is imperative that you understand and remain within the conditions attached to your Tier 2 visa (now referred to as a Skilled Worker visa as of 1^st December 2020). The risk of knowingly, or unwittingly breaching the conditions of your visa are that it may be cancelled and your leave curtailed, giving you 60 days to leave the UK. In this article, we will discuss the implications of switching jobs as a Skilled Worker visa holder to an employer without a sponsor license.

What Are The Conditions Attached To A Skilled Worker Visa?

The Skilled Worker guidance published by the Home Office states that Skilled Worker applicants are granted entry clearance and permission to stay in the UK under the following conditions:

• they cannot take employment except:
  • working for the sponsor in the job recorded on their certificate of sponsorship
  • supplementary employment
  • voluntary work (see below)
  • working out a contractual notice period for any job they were lawfully working in on the date of application
• they have no access to public funds
• they must register with the police, if they are required to do so by Part 10 of the Immigration Rules
• study (with no limit on the number of study hours if it doesn’t interfere with the job they have been sponsored to do)

In addition, sponsored workers are not permitted to work for another employer without applying to change their visa. The rules state, “A person must make a change of employment application if they:

• change employer
• remain with the same employer and either:
  • change their core duties which means their new job is in a different occupation code to the one stated on their original certificate of sponsorship, or;
  • change their core duties which means they change jobs from one currently included in Appendix Shortage Occupation List to one which is not included.”

Can I Take A New Job With An Unlicensed Employer?

As with many aspects of immigration law, the answer to this question is, “it depends”. In this section, we will look at three possible scenarios:

1. Supplementary work with an unlicensed sponsor
2. Secondary work with an unlicensed sponsor
3. A change of main employment to an unlicensed sponsor

Supplementary work with an unlicensed sponsor

If you want to take on supplementary work in addition to your main sponsored job, you can work for an employer who is not on the list of sponsor license holders. The immigration rules allow a Tier 2 / Skilled Worker visa holder to do additional work of no more than 20 hours per week as long as it is either in a shortage occupation or it is in a role with the same standard occupation code (SOC) as your main job.

Secondary work with an unlicensed sponsor

If you wish to work more than 20 hours per week, this would be classed as secondary work and not supplementary work. In order to take on secondary work, you would need to apply to vary your existing visa. The Home Office guidance explains that applicants “need a new CoS for this second job and must apply for a variation of permission, in addition to the certificate and permission for their existing job. This is because working in the second job is not covered by their existing conditions”. In this scenario, you would effectively be sponsored by two employers at the same time. As you would need to apply to vary your visa and request a new CoS, the second employer needs to have a sponsor license.

A change of main employment to an unlicensed sponsor

If you are planning to change your main employment, this must be to a licensed employer. As you will need to submit an application to vary your visa, you will need to meet the eligibility requirements of the Skilled Visa route, i.e.:

• work for a UK employer that’s been approved by the Home Office (i.e. a licensed sponsor)
• have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
• do a job that’s on the list of eligible occupations
• be paid a minimum salary - how much depends on the type of work you do

Are There Any Other Ways I Can Switch To An Employer Without A Sponsor License?

As a current Tier 2 or Skilled Worker visa holder, there is no way to switch your main employment to an employer without a sponsor license, and also stay on the same visa route. There are ways of doing this by switching to a different visa, however. It may be possible to work for an employer without a sponsor license if you switch to:

• a dependant of a Skilled Worker visa (i.e. a spouse/partner, or child)
• a spouse/partner or dependant child of a person who is settled in the UK (i.e. a British citizen, a migrant with indefinite leave to remain – ILR - or permanent residency, or an EU/EEA citizen who has acquired settled status under the EU Settled Status Scheme).
• the UK Ancestry visa

If you have been in the UK for at least five years on a Tier 2 work visa, you may also be able to apply for ILR, meaning you can remain permanently in the UK without being subject to immigration control. If you are close to the five-year point, you may want to consider completing this period on a Tier 2 / Skilled Worker visa first. Once you have ILR, you will have the flexibility to work with any business, whether they are a sponsor license holder or not.

Final Words

As with many aspects of immigration, it pays to understand how the system works. If you are on a Skilled Worker visa and wish to work with an unlicensed employer, speak to an immigration Solicitor who will be able to advise you on the best next step given your circumstances and future plans.