Skilled Worker and Intra-Company routes: changes of employment
Produced in partnership with Tom Brett Young of VWV
Skilled Worker and Intra-Company routes: changes of employment

The following Immigration practice note produced in partnership with Tom Brett Young of VWV provides comprehensive and up to date legal information covering:

  • Skilled Worker and Intra-Company routes: changes of employment
  • Background and underlying legal authority
  • Start dates in the Skilled Worker and Intra-Company routes
  • Coronavirus guidance
  • New sponsor unless TUPE/similar protection applies
  • Same employer/TUPE transfer
  • Duties and responsibilities
  • Salary
  • Unpaid leave
  • Secondments overseas
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus (COVID-19) outbreak. For updates and links to useful information, news and news analysis in relation to the implications for immigration lawyers, see Practice Note: Coronavirus (COVID-19) immigration resources.

Background and underlying legal authority

Sponsored workers are prohibited under the Immigration Rules from changing their sponsor or the duties and responsibilities or remuneration of their current job under their existing permission as a Skilled Worker, or under the Intra-Company Routes, unless certain circumstances apply.

This prohibition derives from two places in the Immigration Rules:

  1. it is a condition of permission for applicants granted entry clearance or permission to stay in the Skilled Worker and Intra-Company routes that 'work is permitted only in the job the applicant is being sponsored for', other than:

    1. supplementary employment, and

    2. time spent working out a contractual notice period where the applicant was lawfully working in that job in the UK on the date of application, and

  2. their permission can be cancelled under the Immigration Rules, Part 9, para 9.31.1 ‘where they have changed jobs or they receive a lower salary rate’

It is arguable that, in circumstances where the specific details of the employment recorded on the Certificate of Sponsorship (CoS) were not communicated to the sponsored worker in writing at the time that the permission

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