Under the UK’s immigration rules, Skilled Worker visas are granted for a fixed period. Both visa holders and employers must ensure that applications for extensions or changes are made in time to avoid loss of lawful status and work rights.
Failure to comply can result in:
Loss of the employee’s right to work
Civil penalties for employers
Damage to future visa prospects
📅 Visa Extension Timing
Applications should be submitted before the visa expiry date.
Can be made up to 60 days before expiry.
Early submission ensures continuity of lawful status and the right to work.
✅ If Application Submitted Before Visa Expiry
The worker’s existing rights continue under Section 3C of the Immigration Act 1971.
This includes the right to work while the application is pending.
The employee must remain in the UK during this time — leaving the UK may void the application.
❌ If Visa Expires Without a Pending Application
If no valid application is in place before expiry:
Loss of legal status - the individual becomes an overstayer.
Employment must stop immediately - no right to work.
Risk of removal from the UK.
Negative impact on future visa applications.
⚠️ In exceptional cases (e.g., medical emergency), a late application may be accepted within 14 days of expiry. However, right to work is not restored until the new visa is approved.
🏢 Employer Responsibilities
Employers must:
Check visa expiry dates and take proactive action.
Conduct Right to Work checks before and during employment.
Stop employment immediately if a visa expires without renewal.
Maintain records to evidence compliance.
🚫 Employing someone without a legal right to work can result in:
Civil penalty of up to £60,000 per illegal worker.
Possible criminal charges in serious cases.
📉 Sponsor Licence Revocation
If the sponsor’s licence is revoked:
The employee’s visa is usually curtailed to 60 days (or less if visa expires sooner).
The worker must:
Secure a new sponsoring employer and apply for a new visa, or
Leave the UK before the curtailed period ends.
The worker can continue to work during the curtailed period if the visa is still valid and they are not complicit in the revocation reasons.
🕒 Can an Employee Work While a New Application Is Pending?
Yes - if the application is submitted before the current visa expires (Section 3C leave applies).
No - if the application is submitted after expiry; work must stop until a new visa is granted.
📌 Best Practice for Employers
Plan ahead - discuss renewal with employees at least 3 months before expiry.
Schedule regular audits of visa expiry dates.
Keep accurate records of all Right to Work documentation.
Act promptly if an employee’s visa is nearing expiry.
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