Retaining staff and supporting visa transitions

Extending or switching staff visas

Most international workers in the UK are on time-limited visas. They may:

• Switch to a new visa 
• Extend their current visa 
• Apply for settlement
• Return to their country of nationality.

Learn how to support your staff and continue to meet your employer right to work obligations.

Visa expiry and employer responsibilities

You need to do a right to work check before hiring someone or engaging someone directly to do work or services. If a worker has limited leave to remain, you must do follow-up right to work checks before their right to work runs out. A follow-up check is not needed for workers with pre-settled status under the EU Settlement Scheme. Read about employers' right to work checks.

You should:

• Set reminders to track visa/leave to remain expiry dates (for example 90 days, 60 days and 30 days before the expiry date)
• Ask your staff about their visa long before it expires
• Check if your worker needs sponsorship: 
  • If a worker does not need sponsorship, then check their plans for the visa. For example, a worker on a family visa with limited leave to remain may apply to extend or switch their visa.
  • If a worker needs new sponsorship and you would like to sponsor them, you need to have a sponsor licence. Read about the worker sponsor licence.
  • If a worker needs to extend their sponsorship with you, first check if you can do this. The rules for work visas may have changed since you first sponsored them. You can read about the Skilled Worker visa.
• Check the worker has got the right to work in good time before their current permission expires.
• Carry out another right to work check before the visa expiry date. If the worker made a valid in time application before their visa expiry and the decision is pending after the expiry date, they maintian their leave and right to work. You can check this by using the Home Office Employer Checking Service. If a worker hasn’t been able to make an application in time to extend their right to work in the UK, you should seek HR advice. Read about employers’ right to work checks.

Visa transitions and extensions

The most common visa changes are:

• Graduates switching to the Skilled Worker route
• Staff on family or partner visas applying to extend their visa
• Skilled Workers extending their visa to stay in the UK for longer.

Switching from a Graduate visa to a Skilled Worker visa

Many employers hire graduates who are already on a Graduate visa and later sponsor them on a Skilled Worker visa. Read about the Skilled Worker visa.  

You must:

• Hold a valid sponsor licence
• Offer a job that meets salary and eligibility rules
• Issue a Certificate of Sponsorship
• Check the applicant meets the English and financial requirements
• Complete a new right to work check after the visa is granted

Read our step-by-step guide to switching from a Graduate to Skilled Worker visa

Extending a Skilled Worker visa

Skilled Worker visas are usually issued for three or five years. Your staff can apply to extend their visa if they:

• Are still employed by you as a licensed sponsor
• Still meet the eligibility rules

Family members must apply separately.

Switching or extending other visas

There are many different types of visas which give a right to work in the UK. Some allow extensions. Others require switching to a new type of visa. 

Visas that can usually be extended include: 

• Skilled Worker visa – if the person still meets the eligibility rules and works for the same sponsor where applicable  
• Spouse or partner visas – if the relationship is ongoing and the couple meets income and residency rules 
• Family or dependent visas – depending on the main visa holder’s status 

Visas that usually cannot be extended include:

• Graduate visa – this is a one-time visa and cannot be extended
• Youth Mobility Scheme visa – this is limited to two years (or three for some nationalities) and cannot be extended or renewed beyond these limits

If a visa cannot be extended, the worker may be able to switch to a different visa from inside the UK, such as:

• Graduate visa to Skilled Worker visa
• Family visa to Skilled Worker visa
• Skilled Worker visa to Family visa

This is not an exhaustive list. Each route has specific rules. The worker can check information about extending or switching a visa (scotland.org)

Family and dependent visas

Some staff may be in the UK on a: 

• Partner visa 
• Spouse visa 
• Dependant visa 

These visas may allow switching or extension. Each family member must apply separately. This route does not require sponsorship from an employer. Read about visa routes for hiring international workers with the right to work.

Indefinite Leave to Remain

After five years on certain visa types, your employee may be able to apply for Indefinite Leave to Remain (ILR). If granted, they can stay in the UK permanently without needing a visa. This means the worker will have the right to work in the UK without restriction and will not need further sponsorship.

The UK Government has proposed increasing the application period for ILR to 10 years in the future. These changes have not yet been confirmed. These pages will be updated once any changes are made.

Free immigration advice for employers and staff

If you are unsure how your worker’s changing immigration status affects you as an employer, you can book a free advice appointment. 

You can also signpost your staff to book a free advice appointment with Citizens Advice Scotland (scotland.org).

Useful links

• Employer right to work checks
• Sponsoring international workers
• Visa routes for hiring international workers
• Switch from a Graduate to a Skilled Worker visa