Skilled Worker Visa Extensions
If you are a UKVI registered sponsor with Skilled Workers under your sponsorship, you may need to extend their sponsorship as their visas approach expiry. Skilled Worker visa extensions are only applicable to individuals already under your sponsorship whose visas expire within three months. Extensions are not available for those changing sponsors or job roles within your organisation.
You must extend a worker’s visa if:
Note: If the worker is eligible for Indefinite Leave to Remain (ILR) before their visa expiry, a Skilled Worker visa extension may not be necessary.
You may wish to consider when your sponsored workers may be eligible for Indefinite Leave to Remain when deciding on a period of sponsorship for an extension.
Skilled workers may be eligible for ILR after 5 years of continuous residence in the UK under the Skilled Worker visa (subject to them meeting the other requirements)
Therefore, if you have already been sponsoring a person for 3 years, you may wish to extend the period of sponsorship for a further 2 years.
When preparing for a Skilled Worker visa extension, you may be required to increase the salaries of your sponsored workers when assigning them the new CoS. When assigning CoS for extensions, you will need to meet current salary requirements rather than the requirements in place when you began sponsoring the individual. There may however be the potential for some salary reductions if you are extending a sponsored worker who has been in the UK as a Skilled Worker since prior to 4th April 2024.
Application Deadline: It is vital that your sponsored workers submit their extension visa applications prior to their visas expiring to prevent the risk of refusal and being without valid leave.
Note: Do not begin the extension process too soon. Extension visa applications cannot be submitted more than three months prior to the relevant individuals visa expiry date. Once a CoS is assigned, the corresponding visa application must be submitted within three months.
You must conduct a new right to work check once your sponsored worker’s new visa has been granted. This right to work check should reflect their new visa expiry date and continued eligibility to work.
The recent Home Office White Paper has indicated that the rules for ILR for Skilled Workers will be changing:
The White Paper is a strong indication that the Immigration Rules will be changing. However, the changes have not been implemented yet. As it stands, Skilled Workers may apply for ILR after 5 years, provided all other criteria are met.
Yes, any time spent on the Skilled Worker visa, including being sponsored by multiple sponsors can be counted towards the ILR period, provided:
This would have to be evaluated on a case by case basis. This could however impact the period of sponsorship you consider when extending a sponsored worker’s visa.
There is no maximum period of time that a person can be sponsored for outlined in the Immigration Rules. However, the maximum period of sponsorship you can put on a CoS is 5 years.
If a Skilled Worker submits their extension application before their current visa expires, they will be protected under the Section 3C leave.
This means:
However, if the application is submitted after the visa expiry date, the individual will be considered an overstayer, which can have serious immigration consequences.
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