Q: I am currently employed in the UK on a Skilled Worker visa and am presently in South Korea on annual leave. I have received a job offer from another company, and my current employer has agreed to my departure. Should I obtain a Certificate of Sponsorship (CoS) from the new sponsor and apply for a new Skilled Worker entry clearance from South Korea, or should I re-enter the UK and apply for permission to stay (a change of employment application) in-country? Furthermore, my wife holds a Skilled Worker Dependant visa with about one year of remaining validity; if I change employers, will her current visa status or employment rights be affected?
A: In this situation, you must not apply from overseas; you must re-enter the UK on your existing valid permission and submit an in-country change of employment application using an Undefined Certificate of Sponsorship (UCoS) assigned by your new sponsor. Your dependant spouse may either apply concurrently with you or continue on her existing permission and extend separately later; in either case, her right to work with her current employer remains fully protected. Below is a detailed explanation of CoS categories, application jurisdictions, and strategic timing for dependants.
CoS Categories and Application Jurisdictions
When an existing Skilled Worker visa holder in the UK changes employers, the prospective sponsor must assign an Undefined CoS (UCoS). An Undefined CoS is strictly valid only for applications for permission to stay submitted from within the UK. If you attempt to use an Undefined CoS to apply for entry clearance from abroad, the application is invalid and will be refused outright by UK Visas and Immigration (UKVI).
To apply for a Skilled Worker visa from overseas (entry clearance), the sponsor must instead assign a Defined CoS (DCoS). This requires an individual, pre-approval application submitted by the employer to UKVI for that specific post. Once UKVI approves and allocates the DCoS, the sponsor can assign it to the candidate abroad.
By contrast, A-rated sponsors typically maintain an annual allocation of Undefined CoS on their Sponsorship Management System (SMS), allowing them to assign a UCoS immediately whenever an existing visa holder switches employers or extends their stay from inside the UK.
Procedural Steps for Changing Employers
When switching sponsors on a Skilled Worker visa from within the UK, the process follows these sequential steps:
- Formal unconditional job offer from the new licensed sponsor
- Assignment of an Undefined CoS (UCoS) via the sponsor’s SMS
- Submission of the online Skilled Worker change of employment application
- Attendance at a biometric appointment (or digital identity verification via the ID Check app)
- Decision grant from UKVI
- Commencement of employment with the new sponsor
If the new sponsor has exhausted its annual UCoS allocation, it must submit an in-year increase request via the SMS. Standard allocation requests typically take two to three months to be processed by UKVI. However, the sponsor can utilise the Post-Licence Priority Service by submitting an email request at 9:00 AM on working days. If accepted into the daily quota, the £350 priority fee is paid, and UKVI routinely processes the allocation within five working days (frequently within one to two working days).
Strategic Timing for Dependant Visa Applications
When a main applicant submits a change of employment application, accompanying family members holding Dependant leave are not statutorily mandated to submit new applications concurrently; they may choose to extend their leave alongside the main applicant or wait until closer to their current visa expiry.
Dependant permission is linked to the main applicant rather than to the main applicant’s specific sponsoring employer. Because both the current and subsequent grants of leave fall under the Points-Based System (PBS) / Skilled Worker Dependant category, a dependant remains entitled to reside and work in the UK under their existing conditions until the expiry date stated on their current digital status or Biometric Residence Permit (BRP).
Consequently, if a dependant has approximately one year of validity remaining, there is no immediate necessity to submit an extension application. With the Immigration Health Surcharge (IHS) set at £1,035 per year, deferring the dependant’s extension until nearer the expiry date allows the applicant to avoid paying overlapping surcharge fees for that remaining year. Furthermore, because dependant applications do not require an assigned CoS, the dependant application may be lodged from within the UK or from overseas at the applicant’s convenience when the time comes.
John Suh
UK Regulated Immigration Legal Adviser
25+ Years of Experience in UK Visa & Immigration Services
OISC / IAA Registration Number: F200500022
Director, ilong Global Ltd & UK Immigration Centre Ltd
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Original Enquiry:
Hello,
I currently hold a UK Skilled Worker visa and am temporarily in South Korea on annual leave.
During my leave, I received a job offer from an organisation I have known for some time. After discussing this with my current employer, they gave their consent for my transfer. I now need to transition my Skilled Worker visa to the new sponsor. Should I apply for and obtain a fresh UK work visa from here in South Korea before travelling back, or should I re-enter the UK on my current visa and lodge the change of employment application in-country?
Additionally, my wife holds a Skilled Worker Dependant visa with approximately one year of remaining validity. Given that the Immigration Health Surcharge is expensive, can she wait and apply for her extension in one year’s time, or is she required to submit a new dependant application at the same time I change employers? Must her dependant application strictly be submitted from within the UK?
I would appreciate your guidance on these points.
Thank you.