What if it goes wrong?

There are, of course, instances when things don’t work out.  By following proper termination procedures, communicating with the Home Office, exploring new job opportunities, or facilitating a smooth return to the worker’s home country, employers can effectively manage these challenging situations while ensuring compliance with immigration requirements.

Termination and Home Office notification

Employers should follow appropriate termination procedures in accordance with UK employment laws, ensuring fairness and adherence to contractual terms. Employers must report the worker’s resignation/termination to the Home Office either shortly before the last day of their employment or within 10 working days of the worker leaving employment to ensure compliance with visa restrictions and avoid negative impacts on future applications. It is important to ensure you have up-to-date contact information for your worker to accurately complete the submission report via your SMS system.

Immigration skills surcharge

Once you have reported the worker’s resignation/termination this will end your responsibility for the worker and will trigger a refund of any remaining Immigration Skills Surcharge you had paid when assigning the worker’s Certificate of Sponsorship (e.g. if you had assigned a Certificate of Sponsorship for a 3 year period however the worker resigned or was terminated after 6 months you would entitled to a refund on the Immigration Skills Surcharge of 2.5 years).

Alternative options

It is best practice to support the outgoing worker to consider the options available to them. If they intend to continue working in the UK under the Health and Care Worker visa, they must apply for a new visa with an alternative employer holding a Sponsor Licence. Alternatively, they may wish to consider other visa options, such as a Family or Student Visa.

Return to home country

After you have reported the worker’s resignation/termination the Home Office will write to the worker to curtail their leave down to 60 days within which time the worker must either leave the UK or submit a new application to work with another employer. While the worker has up to 60 days to leave the UK, it is advised to depart as soon as feasible to avoid overstaying and potential visa issues.