LegalGuidance.org

Changing Employers on a Skilled Worker Visa When Your First CoS Was Issued Before April 2023

Many Skilled Worker migrants feel unsure about how salary rules apply when they change employers, especially if their first Certificate of Sponsorship (CoS) was issued before April 2023. The introduction of new salary thresholds has caused understandable confusion.
Gaining clarity on how the Home Office treats existing visa holders versus new applicants can help you plan your next steps with confidence.

This guidance explains the legal framework, how transitional salary protection works, and what to expect if your occupation code changes during a job move.

Understanding the Issue or Context

Under the Skilled Worker route, salary thresholds changed significantly in 2023 and 2024.
Many workers who first obtained their visa before these changes want to know:

  • whether they remain protected by older salary rules
  • whether changing employer affects that protection
  • whether a change to their Standard Occupational Classification (SOC) code alters which threshold applies

It is common to feel uncertain because the rules are detailed and have changed more than once. Understanding the structure behind the Skilled Worker scheme helps you see where you stand.

The Legal Rules or Framework

1. Transitional Salary Protection

The Home Office introduced transitional rules for Skilled Workers who:

  • held a Skilled Worker (or Tier 2 General) visa before 4 April 2023, and
  • have maintained continuous permission on the route

These applicants can continue to rely on the pre-April 2023 salary thresholds, rather than the higher post-2023 or post-2024 thresholds.

2. Changing Employer

You may still rely on transitional salary protection even when changing employer, provided:

  • your first Skilled Worker/Tier 2 General CoS was issued before 4 April 2023
  • you have not had a break in your immigration permission
  • you continue to meet the relevant occupation code requirements

This is a key point: changing employer does not automatically remove your transitional protection.

3. Changing Occupation Code (SOC Code)

If you change your occupation code when changing employer, the Home Office applies:

  • the going rate for the new occupation code, and
  • the transitional salary rules if you qualify for them

This means your salary must still meet:

  • the transitional general threshold and
  • the going rate for your new SOC code (based on older rates if covered by transitional rules)

4. When Transitional Rules Do Not Apply

Transitional protection is lost if:

  • your first CoS was issued on or after 4 April 2023, or
  • you switch into Skilled Worker from a different visa after that date, or
  • your Skilled Worker permission lapses and you reapply later

In these cases, the current higher thresholds apply, even if changing employer.

5. Employer Sponsorship Requirements

Regardless of transitional protection, every employer must still:

  • be an approved sponsor
  • issue a new CoS
  • pay at least the applicable salary for your occupation under the Skilled Worker route

Your new employer must confirm they meet these obligations before you apply.

Practical Steps to Take (Step-by-Step Guidance)

1. Identify the Exact Date of Your First CoS

This determines whether transitional rules apply.
It will be in your immigration history or your original CoS.

2. Confirm Your Eligibility for Transitional Protection

You can generally rely on transitional rules if:

  • your first CoS was pre-April 2023, and
  • you have been continuously sponsored since then

If both apply, note that your salary threshold is lower than the new standard threshold.

3. Check the Going Rate for Your New Occupation Code

Look at:

  • the going rate under the older Appendix Skilled Worker tables (if transitional rules apply)
  • the hourly rate requirement
  • whether your new job meets your existing skill level

4. Discuss the Salary Requirements with Your New Employer

Explain that:

  • transitional salary rules may apply
  • they must meet the going rate for your new SOC code
  • they must issue a new CoS before you apply

Many employers are unaware of transitional protection, so clarity helps avoid errors.

5. Prepare Your Skilled Worker Change-of-Employment Application

You will need:

  • your new CoS
  • payslips or contract (if requested)
  • evidence of English language (if not already provided)
  • passport and BRP details

6. Apply Before Leaving Your Current Sponsor

Maintaining continuous permission is crucial if you want to retain transitional protection.

Common Pitfalls to Avoid

  • Assuming new thresholds always apply
    Many workers lose out by not realising they have transitional protection.
  • Letting your visa expire before applying
    If your permission lapses, transitional rules normally cannot be used again.
  • Using the wrong going rate table
    The Home Office applies older going rates for transitional cases.
  • Switching occupation codes without checking skill level
    Some SOC codes do not qualify for Skilled Worker sponsorship.
  • Relying on employer assumptions
    Many HR teams misunderstand transitional rules; always double-check the guidance.

Frequently Asked Questions

1. My first CoS was issued before April 2023. Will I still benefit from the old salary rules if I change employer?

Yes — provided your Skilled Worker permission has been continuous.

2. Does changing occupation code remove transitional protection?

No. Transitional protection is based on the date of your first CoS, not the occupation code.

3. Does my new salary need to meet the going rate?

Yes. You must still meet the going rate for your new SOC code under the transitional tables.

4. What happens if my salary meets the old general threshold but not the going rate?

The application may be refused. Both thresholds must be met.

5. Can I rely on transitional rules if my visa expired and I reapplied later?

No. Continuous sponsorship is required.

6. Do employers usually understand transitional protection?

Not always. It is helpful to bring the relevant guidance or seek clarification so they understand your salary requirements.

Conclusion

If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.


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This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.


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