Skilled workers are only permitted to work for the employer that sponsored their visa and in that specific role. They must apply to the Home Office to update their visa if they wish to switch jobs or change employer. They must also adhere to any conditions of their role, such as the number of hours worked. They may however, be able to undertake additional work for up to 20 hours per week with another employer, provided the job is listed on the skilled worker eligible occupations list, and they obtain a new certificate of sponsorship.
A person who is in the UK on a valid sponsored visa route such as a Health and Care Worker visa will be required to undertake employment for their sponsor in the health and care sector. Where an individual is no longer employed in relevant role and by a registered employer, they have 60 days to find a new role with a registered employer. If they are unable to register a new sponsored position with the Home Office within that period, then their leave can be cancelled or ‘curtailed’ as they no longer meet the requirements of their visa. The Health and Care Worker visa has received considerable attention due to abuse of the route by employers, leading to a high number of sponsorship breakdowns. Recent government changes seek to address this, providing stricter requirements for employers who register as sponsors.
In these circumstances, a person who has had permission to work in the UK can lose their right to remain and subsequently their permission to work. If for any reason someone has experienced a change of circumstances that may affect their immigration status, they should seek advice from an immigration adviser and they may need to inform the Home Office. Employers are also required to notify the Home Office should a sponsored worker cease employment with them.
If a person loses their employment or has their leave ‘curtailed’ it can leave them in a financially precarious position as they will have no access to public funds and cannot claim most benefits or access local authority homelessness assistance. In these instances, a person may be able to access support from their local authority if they have children or social care needs. See our information on social services support families with children and social services support adults with care needs for more information. Some benefits that are not public funds and destitution support from councils and charities may also be available to someone with NRPF and who is struggling financially.
