How to Extend a Skilled Worker Visa

Migrant workers can apply to extend their work visa if:

• They will be working in the same job (i.e. no change in the occupation code)
• Work for the same sponsor
• be paid at the required salary under the Immigration Rules in place
• A new CoS is assigned by the current sponsor
• Application is made before the expiry of their current visa

Extension is different from updating a visa. The latter applies where:

• The job changes to a different occupation code
• Employment changes to another sponsor
• Add a second job

Application for updating a visa is required before any new occupation or employment commences.

Case Study:

Roger:

• is IT business analyst (occupation code 2135)
• had been sponsored as a Tier 2 (General) worker since September 2020 at salary of £30,000 per year
• visa was expiring on 26 September 2023
• his employer wanted to continue his employment in the current role.

Roger should make an application for extension. For the application,

• His sponsor issued him a CoS, with new salary of £35,000.
• His job remained the same as IT business analyst (same occupation code)
• His salary needs to meet the salary requirement at the time of the application. The salary required for the occupation has been increased to £37,600 under the Immigration Rules. As the occupation is on the shortage occupation list, discounted (80%) salary requirement applies, equalling to £30,080. His new salary meets the requirement.
• He submitted the application with supporting documents on 15 September 2023, before the expiry of his visa.

His extension application was successful. Roger received the decision on 20 December 2023. The process had taken longer than the published timescale of 8 weeks by the Home Office.

Note – The Home Office may not always contact the applicants in the event of processing delay. Roger did not receive any updates during the process.

Right to work during application

When a worker is holding a valid visa, their right to work can be verified by using the Home Office online right to work check service ‘Check a job applicant’s right to work: use their share code‘

If a worker does not receive their new visa before the expiry of the current visa, like Roger, their right to work may not be verified by the online service mentioned above.

To fulfil their duties as an employer, their sponsor should instead contact the Home Office Employer Checking Service (ECS). The service can confirm an individual’s right to work by issuing a Positive Verification Notice (PVN) which is valid for six months. ECS is usually used where there is an outstanding application, appeal or administrative review pending.

Before the expiry of the PVN, the sponsor should conduct the check again either by using the online service above if a new visa is granted or repeat the ECS if the decision is still pending.

Where a valid extension application is submitted, the worker may continue in his current role until a final decision on the application is made.

Contact us to discuss any enquiries regarding Extension of Skilled Worker Visa.