When I first arrived in the UK on 03-03-2020, it was a mix of excitement, uncertainty, and a whole lot of paperwork. I had just secured a Skilled Worker visa, and my family (my wife and two kids) and I were ready to start this new chapter of our lives. I was working as a Sous Chef in an Indian restaurant, and everything seemed to be falling into place. Little did I know that, a few years down the line, I’d be facing some tough decisions about my job and visa status — ones that would make me reconsider the path I thought I was on.
The Decision to Switch Employers
About a year into my job, I started to think about the possibility of switching employers. The Indian restaurant was great, but I wanted a change. The idea of working in an English restaurant sounded appealing, and I felt it might offer more growth opportunities. The only problem was that my Skilled Worker visa was tied to my current employer. That meant, if I wanted to switch, I would need to make sure I did everything correctly to avoid jeopardizing my visa status.
So, I began to research what would happen to my visa if I changed employers.
The Impact on ILR: Switching Employers
One of the most important things I discovered was how switching employers could affect my ILR (Indefinite Leave to Remain) time clock.
I had heard a lot about how long I needed to stay in the UK before I could apply for ILR — the magical 5-year mark. But here’s the thing: switching employers as a Skilled Worker isn’t as simple as just packing your bags and starting a new job. You have to apply for a new visa and get a new Certificate of Sponsorship (CoS) from the new employer.
The ILR clock continues ticking as long as you remain in the same job role with the same sponsor. But, the moment you switch to a new employer, it’s like pressing pause on your ILR timeline. The new job doesn’t automatically count toward your ILR eligibility. You have to restart that 5-year period again. So, for me, if I moved to a new restaurant, it would delay my ability to apply for ILR by another 5 years.
This was a pretty big realization. I had to weigh my desire for a new job against the risk of delaying my permanent residency in the UK. It wasn’t just about switching roles; it was about the long-term impact on my future.
Considering My Wife’s Role: A New Thought
As I continued to think about the future, another idea started to take shape. What if my wife could switch to being the main Skilled Worker visa holder instead of me? If she got a job offer and became the primary visa holder, I could switch to a dependent role. This would allow me to keep my family’s visa status intact, while my wife could take the lead in securing her career here.
But, this also meant a major change — I would have to become a dependant and, of course, my own ILR clock would reset as well.
The Impact on ILR: Switching to Dependant
Switching from being the main Skilled Worker visa holder to dependant has even more significant consequences for the ILR timeline. The moment I became a dependant, my 5-year clock would stop. Even though I would still be in the UK and legally allowed to stay, the time I spent as a dependant wouldn’t count towards the 5 years I need for ILR.
For my wife, the clock would start fresh as well, but it would only be her work that would count toward ILR, not mine. If we both decided to make this switch, it would mean that, instead of applying for ILR in 2025 (5 years after my arrival in 2020), we would have to start over with a new 5-year period — possibly leading to an application in 2030.
This idea definitely gave me pause. I wanted to support my wife in her career, but I also had to consider the long-term implications of losing that precious time.
What I Learned and What I Would Advise
After weighing everything, I decided to stay on track with my current employer for now. The risk of delaying my ILR was simply too high. Changing employers is possible, but it requires a lot of careful thought and planning. For anyone in a similar position, here’s what I would advise:
- Understand the impact on your ILR: Whether you’re switching jobs or considering switching to a dependant visa, it’s essential to know how it will impact your ILR timeline. Don’t let excitement about a new role or a new path blind you to the consequences.
- Plan ahead: If you know you want to switch employers or switch visa roles, make sure to factor in the time it will take to re-establish your ILR timeline.
- Consult with experts: Immigration laws can be tricky and change often. Don’t hesitate to consult an immigration lawyer or advisor who can give you tailored advice.
- Stay flexible: Life changes, and sometimes your career path or family situation might lead you in a new direction. Whatever you decide, make sure you’re making informed choices, so you don’t inadvertently jeopardize your future in the UK.
In the End, It’s All About Making the Right Choices
Being in the UK on a Skilled Worker visa is an amazing opportunity, but it comes with its own set of rules and timelines that can be complicated to navigate. For me, it’s been a journey of learning, understanding the rules, and finding the right balance between career opportunities and securing my future here. My journey isn’t over yet — but the lessons I’ve learned so far will guide me through every step of the way.
FAQ: Common Questions About Switching Jobs and ILR
1. Can I switch employers while on a Skilled Worker visa?
Yes, you can switch employers, but you’ll need a new Certificate of Sponsorship (CoS) from your new employer. You will also need to apply for a new Skilled Worker visa. Just be aware that switching jobs will pause your ILR clock, so your 5-year count toward ILR may reset.
2. What happens to my ILR clock if I switch employers?
When you switch employers, your ILR clock pauses and you’ll need to start again with your new employer. Essentially, the time you’ve already spent in the UK on your current Skilled Worker visa does not count toward your ILR application once you change employers.
3. Can I switch to being a dependant on my partner’s Skilled Worker visa?
Yes, you can switch to a dependant visa if your partner becomes the main Skilled Worker visa holder. However, switching to a dependant visa will reset your ILR clock, and the time you’ve spent as a dependant does not count toward your 5-year ILR eligibility.
4. Will switching employers delay my ILR application?
Yes, if you change employers, it will delay your ILR application because your 5-year clock will reset. This could push back your eligibility for ILR by another 5 years, depending on how long you stay with the new employer.
5. What should I do before switching employers?
Before switching, make sure your new employer has a Skilled Worker sponsor licence. Also, ensure that the job you’re moving to meets the requirements for a Skilled Worker visa, such as the salary and skill level. Don’t start the new job until your visa application is approved.
6. How long do I have to wait to apply for ILR after switching jobs?
You will need to wait 5 years from the date you switch employers if you want to apply for ILR. The new job won’t count toward your previous employment period, so it’s crucial to factor this in if your goal is ILR.
7. Can my wife switch to the main Skilled Worker visa holder and I become a dependant?
Yes, your wife can switch to the main Skilled Worker visa holder, and you can apply as her dependant. However, this will reset both of your ILR clocks, and you will both need to wait another 5 years for ILR. It’s important to understand the potential delay before making this decision.
Small Disclaimer:
“This is general advice based on personal experience. Immigration rules can change, so please check official UK government sources or speak to an immigration advisor for personal advice.”