When Employee Immigration Status Changes
What happens when an employee's immigration status changes? Understand employer duties when workers get new visas or extend their leave.
Last updated: 30 January 2025
Employee immigration status can change, requiring employer action.
Types of Status Change
Common Changes
| From | To |
|---|---|
| Student | Graduate visa |
| Graduate | Skilled Worker |
| Pre-settled | Settled status |
| Visa | ILR |
| Any status | British citizen |
What Triggers
| Event | Change |
|---|---|
| Application approved | New status |
| Status upgraded | Better rights |
| Naturalisation | Citizenship |
| Status expires | End of leave |
Employer Duties
When to Recheck
| Situation | Action |
|---|---|
| New visa granted | Recheck |
| Status upgrade | Update records |
| Previous status expiring | Verify continuation |
| Notified of change | Verify |
Why Recheck
| Reason | Benefit |
|---|---|
| Update records | Current information |
| Maintain excuse | For new status |
| Know conditions | Any changes |
| Track new expiry | If applicable |
Conducting New Check
Process
| Step | Action |
|---|---|
| Request update | From employee |
| New share code | If applicable |
| Online check | Via service |
| Update records | New confirmation |
What to Record
| Record | Detail |
|---|---|
| New status | What they now have |
| New expiry | If any |
| Date checked | When verified |
| New conditions | If changed |
Pending Applications
Section 3C Leave
| Feature | Detail |
|---|---|
| Automatic extension | Of previous leave |
| While application | Pending |
| Same conditions | As before |
| Until decision | Made |
When 3C Applies
| Condition | Required |
|---|---|
| Applied before | Leave expired |
| Valid application | Submitted |
| Awaiting decision | From Home Office |
Verifying 3C Leave
| Method | Action |
|---|---|
| Employer Checking Service | Contact |
| Provide details | Of employee |
| Receive confirmation | Of position |
| Positive Verification | Notice issued |
Status Upgrades
Pre-Settled to Settled
| Change | Effect |
|---|---|
| Time-limited | To permanent |
| New share code | Generate |
| No expiry | Now indefinite |
| No follow-up | Needed |
Visa to ILR
| Change | Effect |
|---|---|
| Temporary | To permanent |
| Full rights | No restrictions |
| No expiry | Indefinite |
| Update records | Remove reminders |
Any Status to Citizen
| Change | Effect |
|---|---|
| Becomes British | Full rights |
| New documentation | Passport/certificate |
| Manual check | Now possible |
| Permanent | Status |
Common Scenarios
Scenario 1: Student to Graduate
| Situation | Action |
|---|---|
| Student visa ending | Applied for Graduate |
| Graduate granted | New status |
| Work rights change | Full rights now |
| Recheck | Via online service |
Scenario 2: Application Pending
| Situation | Action |
|---|---|
| Visa expired | Last week |
| Applied before | Expiry |
| Awaiting decision | Still pending |
| Use ECS | To verify 3C |
Scenario 3: Became British
| Situation | Action |
|---|---|
| Employee naturalised | Now citizen |
| Has certificate | Or passport |
| Do manual check | Or IDSP |
| Update records | Permanent right |
Switching Visa Types
During Switch
| While Pending | Position |
|---|---|
| Previous conditions | Still apply |
| Until decision | On new visa |
| May continue work | If previously allowed |
| Verify if unsure | Via ECS |
After Switch Approved
| When Granted | Action |
|---|---|
| New conditions | Apply |
| Different restrictions | May apply |
| Recheck | Fully |
| Update | All records |
Skilled Worker Change
| If Switching | Employer Action |
|---|---|
| To you as sponsor | Issue CoS |
| From another sponsor | They apply first |
| After approval | Verify sponsorship |
Refused Applications
If Application Refused
| Situation | Position |
|---|---|
| No valid leave | Usually |
| Cannot work | Generally |
| May appeal | With conditions |
| Verify | Immediately |
What to Do
| Step | Action |
|---|---|
| Check position | Via ECS if unsure |
| Understand status | Current rights |
| May not work | If no leave |
| Seek advice | Complex situations |
Record Updates
What to Update
| Record | Update |
|---|---|
| Status type | New classification |
| Expiry date | New date or none |
| Conditions | Any restrictions |
| Follow-up | New schedule |
Remove Old Reminders
| If Permanent | Action |
|---|---|
| Settled status | Remove expiry reminder |
| ILR | No follow-up needed |
| Citizenship | Permanent right |
Communication
With Employees
| Tell Them | About |
|---|---|
| Your duties | To recheck |
| Their responsibility | Notify changes |
| What you need | New verification |
| When | Promptly |
What to Request
| From Employee | For |
|---|---|
| New share code | Online check |
| New documents | If applicable |
| Information | About change |
Sponsor Considerations
If You Sponsor Them
| Status Change | May Need |
|---|---|
| Role change | New CoS |
| Employer change | Not your sponsored |
| Status upgrade | May end sponsorship |
If They Leave Sponsorship
| If Move To | Position |
|---|---|
| ILR | No longer sponsored |
| Graduate visa | Not your sponsored |
| Different sponsor | Their worker |
Summary
Key Actions
| When | Action |
|---|---|
| Status changes | Recheck |
| Application pending | Verify via ECS |
| Status upgrade | Update records |
| Becomes permanent | Remove reminders |
Record Keeping
| Maintain | Detail |
|---|---|
| Current status | Always updated |
| Check dates | When verified |
| New confirmations | As evidence |
| Expiry tracking | If still applicable |
Related answers
Right to Work Checks: UK Employer Guide
UK employers must verify every employee's right to work before they start. Learn the 3 methods, required documents, and penalties for non-compliance.
Follow-Up Right to Work Checks
When do you need to do a follow-up right to work check? Understand time-limited documents and maintaining your statutory excuse.
Statutory Excuse for Right to Work
What is a statutory excuse? Understand how to establish and maintain your defence against civil penalties for illegal working.
Frequently Asked Questions
- Do I need to recheck right to work when someone's visa changes?
- Yes. When an employee's immigration status changes (new visa, extension, status upgrade), you should conduct a fresh right to work check to update your records and maintain your statutory excuse for the new status.
- What if an employee's visa application is pending?
- If they applied before their previous leave expired, they may have 'Section 3C leave' which allows them to continue working on the same conditions. Use the Employer Checking Service to verify their position.
- Can an employee keep working while switching visa types?
- Generally yes, if they applied before their previous visa expired and are switching to a status that allows work. However, conditions may change. Always verify via ECS or the online checking service once their new status is confirmed.