Immigration Corner | Updating Skilled Worker visa while in the UK

Dear Mr Bassie,

I presently have a Skilled Worker visa and I would like to change my employment. Please advise if I would need to update my current visa.

LB

Dear LB,

Persons will need to apply to update their Skilled Worker or Tier 2 (general) work visa for various reasons, if:

• They want to change job and the new job is with a different employer;

• Their job changes to a different occupation code, and they are not in a graduate training programme;

• They leave a job that is on the immigration salary list for a job that is not on the list.

Persons will not need to apply again if they stay in the same job, but the job is taken off the immigration salary list.

Please note that if persons are doing a different job for their current employer, they will only need to apply to update their visa if the new job is in a different occupation code.

If applying, partners or children will need to apply separately to update their visa. They can either apply at the same time as the applicant, or at any time before their current visa expires.

FEES

Persons are advised to check how much it costs for this type of visa prior to applying.

Persons will also need to have their biometric information (fingerprints and a photograph) taken. There is no fee for this.

ELIGIBILITY AND DOCUMENTSNEEDED TO APPLY

If applying, the new job must meet the eligibility requirements, and applicants will need a new certificate of sponsorship to prove this.

Persons may be able to meet lower salary requirements if both of the following apply:

• Those persons received their certificate of sponsorship for their first Tier 2 or Skilled Worker visa before April 4, 2024; and

• They have continually held one or more Skilled Worker visas since then.

The applicant will only need to provide other evidence again if he/she has been in the United Kingdom (UK) for less than one year.

IF APPLYING TO ADD A SECOND JOB TO A CURRENT VISA

Persons must apply to update their visa if they take on a second job that is more than 20 paid hours a week in addition to the job that they are being sponsored for.

Please be aware that the second job must meet the eligibility requirements, and they will need a new certificate of sponsorship to prove this.

They will also need to include a letter with their application explaining that they would like to change their current permission to stay.

The letter must state:

• Their name;

• Their date of birth;

• Their current certificate of sponsorship reference number;

• The date when their current permission to stay runs out.

If the application is successful, persons will receive a new visa giving them permission to do both jobs.

For completeness, persons do not need to apply to update their visa if they are taking on additional work that has an eligible occupation code, or if they will be doing less than 20 paid hours a week.

WHEN TO APPLY TO UPDATE THE VISA

Persons can apply to update their visa up to three months before the start date of their new job. They can continue working in their current job while the new application is being considered, or to work out their notice period – as long as they apply before the current visa expires.

They should not start the new job until they have received confirmation of their new permission. Also, they must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they get a decision or their application will be withdrawn.

PROVING IDENTITY AND PROVIDING SUPPORTING DOCUMENTS

As part of the application, persons will need to prove their identity. How they do this depends on where they are from and the type of passport they hold.

Persons will either have to give their fingerprints and a photograph (biometric information) at a UK Visa and Citizenship Application Services service point – in order to get a biometric residence permit. In the alternative, use the ‘UK Immigration: ID Check’ app to scan their identity document – they will also need to create or sign in to their UK Visas and Immigration account.

Those persons will be told what they need to do after they apply and how to provide any supporting documents if they need to. Please note that persons must apply online and once they have started the application, they can save their form and complete it at a later time.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com