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Visa Renewals & Switching Employers: A Worker's Guide

Published·3 min read

This guide explains the legal processes for workers looking to extend their stay, change sponsors, or transition into new roles while maintaining valid immigration status.

Visa Renewals & Switching Employers: A Worker's Guide

Extending Your Current Work Visa

An extension is necessary if you wish to continue working for your current employer in the same job role beyond the expiry date of your original visa. This process ensures your leave remains continuous and legal.

  • Certificate of Sponsorship (CoS): Your employer must issue a new 'Defined' or 'Undefined' CoS covering the additional period of employment.
  • Salary Requirements: You must continue to meet the minimum salary thresholds, which may have updated since your initial application.
  • Timing: You should apply up to 60 days before your current visa expires, but no later than the expiry date itself.

Switching to a New Employer

If you have been offered a position at a different company, you cannot simply transfer your existing visa. You must apply for a 'Change of Employment' visa before starting work at the new organization.

  • New Sponsorship: The new employer must hold a valid Sponsor License and issue you a new Certificate of Sponsorship.
  • Application Process: You must submit a full visa application to the Home Office. In most cases, you can remain in the country while this is processed.
  • Notice Periods: You are generally permitted to work out your notice period with your current employer while your new application is pending.
Important Note: You must not start working for your new employer until your new visa has been granted and the start date on your CoS has been reached.

Changing Roles with the Same Employer

Not every promotion requires a new visa, but significant changes in your job description or occupation code (SOC code) will trigger the need for a new application.

When a new application is required:

  • If your new job is in a different SOC code (unless you are moving within a graduate training program).
  • If your salary drops below the threshold required for your current visa.
  • If you are changing from a role that was on the Shortage Occupation List (or Immigration Salary List) to one that is not.

If your role change is merely a move to a higher level within the same SOC code and your salary meets the requirements, a new application may not be necessary, though the Home Office must still be notified via the Sponsor Management System (SMS).

What’s Allowed During the Transition?

While your application for an extension or a switch is being processed, your legal status is protected under Section 3C of the Immigration Act 1971, provided you applied before your previous visa expired.

  • Right to Work: You can continue working for your current sponsor under the conditions of your existing visa until a decision is made.
  • Travel: You should avoid traveling outside the Common Travel Area (UK, Ireland, Isle of Man, and Channel Islands) while an application is pending, as this will result in your application being treated as withdrawn.
  • Supplementary Employment: You may be allowed to perform secondary work for up to 20 hours a week, provided it is in the same profession and at the same professional level as your main job, or in a role on the Immigration Salary List.

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