When a sponsored employee leaves their job, the employer and the employee have legal obligations to fulfil to comply with immigration laws. Here’s what happens next:
Employer Responsibilities
If a Skilled Worker Visa or other sponsored employee leaves their role, the sponsoring employer must:
Notify the Home Office within 10 working days
- The employer must report the departure via the Sponsorship Management System (SMS) UK visa sponsorship management system - GOV.UK
- This includes if the employee resigns, is dismissed, or their contract ends early
Stop Sponsoring the Employee
The Certificate of Sponsorship (CoS) becomes invalid, and the employee can no longer work under that sponsorship.
Update Payroll & HR Records
Employers must ensure payroll is updated and remove the employee from compliance tracking systems.
Prepare for a Possible UKVI Audit
If a significant number of sponsored employees leave, the Home Office may conduct an inspection to ensure compliance.
Employee Responsibilities
For the sponsored employee, their visa is directly tied to their job. If they leave, they must:
Find a New Sponsor (If Staying in the UK)
- They have60 days (or until their visa expires, whichever is shorter)to secure a new job with a licensed sponsor.
- The new employer must issue anew Certificate of Sponsorship (CoS) and the employee must apply for a new visa.UK visa sponsorship for employers: Certificates of sponsorship - GOV.UK
Leave the UK (If No New Job is Found)
- If the employee does not find a new sponsor, they must leave the UK before their visa expires.
- Staying beyond the allowed period can result in visa curtailment and potential bans on future UK immigration applications.
Apply for a Different Visa (If Eligible)
If they meet the requirements, they can apply for a different UK visa, such as:
- Indefinite Leave to Remain (ILR) (if eligible)
- Spouse or Family Visa
- Graduate or Innovator Visa
Consequences of Non-Compliance
For Employers:
- Failure to report the departure could lead to sponsor license suspension or revocation
- Non-compliance may result in fines or being banned from sponsoring future employees
For Employees:
Overstaying or working without sponsorship can lead to deportation, visa bans, or legal penalties. Immigration Rules - Immigration Rules part 13: deportation - Guidance - GOV.UK
Final Thoughts
If a Skilled Worker Visa holder leaves their job, both employers and employees must act quickly to remain compliant.
Employers should report the change
Employees should secure a new job or leave the UK