When a skilled worker in the UK loses their sponsorship, whether due to redundancy, company closure, or a shift in business priorities, the consequences can be immediate and severe.
Under current immigration rules, the Home Office typically issues a visa curtailment notice that gives workers just 60 days (or until the visa's expiration, whichever is shorter) to find a new sponsor or leave the country. This short grace period places immense pressure on individuals and families, often forcing skilled professionals to uproot their lives with little warning.
In this blog, we explore why the UK's skilled worker visa system needs an extended grace period that better reflects the realities of the job market and the rights of workers contributing to the UK economy.
UK Skilled Worker Visa Curtailment & Worker Rights
A Skilled Worker Visa allows foreign nationals to work in the UK in eligible roles with approved employers after getting a certificate of sponsorship (COS) from them. Sponsorship means the employer holds a valid sponsor license to hire foreign workers.
This article will discuss the revocation of sponsorship for any reason. Losing sponsorship can be a stressful and very complex situation, especially if your employer fails to comply with your contract or if you risk overstaying your visa.
What Happens if your Sponsorship is Revoked?
If your employer loses their sponsor license, your Skilled Worker Visa may be curtailed. The Home Office typically grants you 60 days (or until your visa expires, whichever is sooner) to act. During this period, you have three options:
- Find a new sponsor by securing a job with another licensed employer.
- Switch to another visa category if you meet the eligibility criteria.
- Leave the UK to avoid overstaying.
Additionally, your visa status could be affected if your employer's license is suspended, the company is taken over, or if they fail to renew their sponsor license.
Failing to secure a new sponsor or visa within the allowed time frame can lead to serious immigration consequences, including removal from the UK and re-entry bans.
What Happens if you Overstay Following a Skilled Worker Visa?
Overstaying occurs when you remain in the UK beyond your visa's validity without an extension or switching to another category. Overstaying can lead to severe consequences, including removal from the UK and re-entry bans lasting up to 10 years.
It is crucial to act promptly to avoid such penalties.
Grace Period After Sponsorship Revocation:
The 60-day period given by the Home Office to find a new sponsor or take other action after your sponsorship is revoked is referred to as the "grace period." During this time, you are allowed to remain in the UK while you decide, such as securing a new sponsor, switching to a different visa, or preparing to leave the country.
The Need for a Longer Grace Period for Skilled Worker Visa Holders
The current 60-day grace period for Skilled Worker Visa holders whose sponsorship is curtailed is often too short to secure a new sponsor. This limited time frame can be overwhelming, especially when individuals are already stressed and navigating uncertain circumstances, making it difficult to find a new sponsor and avoid overstaying their visa.
In comparison, Student Visa holders and Post-Study Work (PSW) Visa holders have a significantly longer time to find a sponsor. A Student Visa is valid for the duration of the studies; a minimum of one year in most circumstances, while the PSW Visa allows graduates to stay and work in the UK for up to two years (or three years for PhD holders). This provides international students and graduates with up to three years to secure sponsorship, a stark contrast to the much shorter 60-day window given to Skilled Worker Visa holders if they have to find a new sponsorship once their visa is curtailed.
Given the challenges of securing sponsorship within two months, the Home Office should consider extending the grace period to at least six months, allowing individuals more time to secure a sponsor and avoid the risk of overstaying.
Comparing Grace Periods: Australia and Germany
In response to the challenges faced by skilled workers upon losing employment, countries like Australia and Germany have implemented policies offering more flexibility than the UK's current 60-day grace period.
Australia
As of July 1, 2024, Australia has extended the grace period for certain skilled visa holders, offering up to 180 consecutive days to find new employment, apply for a different visa, or prepare to depart the country. This extension provides individuals with more flexibility, reducing the immediate pressure to secure new sponsorship or make other immigration decisions quickly.
For Temporary Skills Shortage (TSS) Subclass 482 and 494 Regional Visa holders, this grace period allows them to work for other employers in occupations that may not be listed in their original sponsorship nomination. This ensures that visa holders can support themselves financially while seeking a new employer or exploring alternative visa options. Importantly, visa holders must cease work with their sponsoring employer before beginning work with a new one unless exempted. While employed with their sponsor, they must continue working in the nominated occupation
This extended grace period provides skilled workers with a more manageable timeframe to secure a new sponsor or transition to another visa, enhancing their ability to remain in Australia without facing the stress of a tight deadline.
Germany
Germany offers various visa pathways to help skilled workers transition between jobs. While there isn't a fixed grace period, the system allows individuals to change their residence status, such as moving from a student visa to a work permit.
A key new option is the Chancenkarte (Opportunity Card) visa, introduced in 2024. This points-based system allows skilled workers from non-EU countries to enter Germany without a job offer and gives them one year to find a skilled worker job. Applicants are assessed on qualifications, experience, age, and language skills, providing greater flexibility for workers to secure new employment.
Recommendation for the UK
Given the experiences of countries like Australia and Germany, extending the grace period for Skilled Worker Visa holders in the UK could provide significant benefits. Implementing a longer grace period, such as six months, would offer individuals a more reasonable timeframe to secure new sponsorships or transition to other visa categories. This change could reduce stress and alleviate the pressure on individuals who are already suffering from visa curtailment, as they would not be forced to switch or find a new sponsor within such a short period. It could also lower the risk of overstaying and align the UK with international standards in supporting skilled workers facing employment transitions.
Additionally, the UK could introduce a visa similar to Germany's Chancenkarte (Opportunity Card) visa, with some adjustments. This visa could be offered specifically to those whose visa has been curtailed, not to individuals from outside the UK as in Germany. While Germany offers up to 12 months, the UK could provide a six-month visa, offering workers enough time to find a new sponsor or secure a different visa option.
Another area of concern is the exploitation of care workers and senior care worker visas in the UK. While there is a clear shortage of care workers, with the demand for dedicated professionals to support elderly and vulnerable members of society, many care workers have recently been exploited by their employers. Numerous care workers either find themselves as overstayers or without work because their employers are unable to provide them with employment, or their sponsorship licenses have been revoked. To address this, the UK is focusing on rehiring those in the pool of overstayers—individuals who lost their sponsorship due to license revocation or are not getting work as promised. This approach would support both the care sector and individuals who find themselves in difficult situations due to circumstances beyond their control.
Modern Slavery and Employer Exploitation
If you're on a Skilled Worker Visa in the UK and facing unfair treatment from your employer, you may be experiencing exploitation. This includes:
- Not being provided with the job outlined in your contract
- Being underpaid or having wages withheld
- Being forced to work extra hours beyond your contract
- Facing threats of visa sponsorship revocation for control or manipulation
- An up-front payment or deposit for a job
- Unlawful deductions from wages
- Non-compliance with workplace health and safety requirements
This kind of mistreatment may fall under modern slavery as defined by UK law. There are legal protections in place to support workers facing exploitation. If you are experiencing this, seek legal assistance immediately to protect your rights.
Employee Rights & Modern Slavery
Employees on Skilled Worker Visas have several legal rights, including the right to receive the wages agreed upon in their contract and to work under the conditions specified in their employment agreement. If your employer is not providing the work specified, underpaying you, forcing you to work excessive hours, or threatening to revoke your sponsorship unfairly, this could be considered modern slavery. The UK has stringent laws against such exploitation, and victims should seek legal advice promptly.
Can Employers Threaten to Revoke Sponsorship?
Employers can warn you about revoking your sponsorship if you are not working properly or diligently. However, they cannot use this as a tool to manipulate, intimidate, or unfairly pressure you. Sponsorship should not be used as a means of control or exploitation. Threatening to revoke sponsorship to control or exploit an employee is illegal and could be a form of coercion or abuse. If you're facing such threats, it's crucial to seek legal help right away, as UK law protects employees from such exploitation.