Skilled workers who are currently in the UK on a Tier 2 visa may find themselves in a situation where they need or want to change employers. This process, known as a skilled worker visa transfer, involves a number of rules and regulations that must be followed. It’s important to understand the process, the notice period for changing employers, and the potential implications of a change in employment. This article will provide a comprehensive guide to the process of changing employers under a Tier 2 visa, including the rules and notice period involved.
Understanding the Skilled Worker Visa
The Skilled Worker Visa, previously known as the Tier 2 visa, is a type of UK visa that allows foreign nationals to work in the UK in a specific job role. This visa is tied to the employer, meaning that if the worker decides to change jobs, they will need to apply for a new visa with their new employer. This process is known as a skilled worker visa transfer or a Tier 2 visa change of employment.
Rules for Changing Employers
There are several rules that apply when a skilled worker wants to change employers. These include:
- The new job must be at the same or a higher skill level as the current job.
- The new employer must have a valid Sponsor Licence.
- The worker must apply for and receive a new Certificate of Sponsorship from the new employer.
- The worker must apply for a new Skilled Worker Visa.
It’s important to note that the worker cannot start their new job until they have received their new visa. If they start their new job before receiving their new visa, they could be in violation of immigration laws and could face penalties, including deportation.
Notice Period for Changing Employers
The notice period for changing employers under a Tier 2 visa is not set in stone and can vary depending on the worker’s current employment contract. However, it’s important to note that the process of applying for a new visa can take several weeks, so it’s advisable to start the process as soon as possible.
Once the worker has received their new Certificate of Sponsorship, they can apply for their new visa. The application process can take up to three weeks, but it can take longer if there are any complications or if the worker is applying from outside the UK.
Steps to Change Employers
Changing employers under a Tier 2 visa involves several steps:
- Find a new job with an employer who has a valid Sponsor Licence.
- Receive a new Certificate of Sponsorship from the new employer.
- Apply for a new Skilled Worker Visa.
- Wait for the new visa to be approved before starting the new job.
Conclusion
Changing employers under a Tier 2 visa, or conducting a skilled worker visa transfer, is a process that involves several steps and rules. It’s important to understand these rules and to follow them closely to avoid any potential legal issues. The notice period for changing employers can vary, but it’s advisable to start the process as soon as possible to ensure a smooth transition. With careful planning and preparation, changing employers under a Tier 2 visa can be a straightforward process.
