Termination of sponsorship
If you have left your job voluntarily (e.g. resigned) or involuntarily (e.g., you’ve beendismissed or made redundant), your employer must inform the Home Office that they have terminated your sponsorship within 10 days of termination of employment.
Your right to live and work in the UK does not immediately end because your sponsorship has been terminated, so you do not have to leave the country.
However, as your visa status is tied to your employment, your leave to remain in the UK can be “curtailed” (reduced) by the Home Office if you cannot find another employer to sponsor you or apply for a new visa in a timely manner.
How long will it take?
The time it takes for the Home Office to issue a notice of curtailment after being notified that you've lost or left your job can vary and is not strictly defined. It’s possible that it could take anywhere from a couple of weeks to several months.
If you want to stay in the UK, it’s critical that you start looking for a new job or exploring alternative immigration routes as soon as possible, rather than waiting to receive official notice.
Make sure the Home Office has an up-to-date address, so you receive any important communication about a curtailment without delay.
Official notice of curtailment and the 60-day period
In time, the Home Office will send you a letter advising you that you have a curtailment of leave on your visa. This shortens your leave to remain legally in the UK to 60 days (or until the end of your visa, whichever is the shortest). The letter should inform you when this 60-day period will end.
Remember, the 60-day countdown only begins if and when you get a curtailment notice letter from the Home Office, not from the date the Home Office was notified about your termination. As mentioned previously, you might not receive a letter for several weeks or months after your termination.
Your options following a notice of curtailment
Once you receive the letter, you will now have 60 days or until the end of your visa to either:
- find a new employer to sponsor you and apply for a new visa with their details, or
- apply for a different type of visa (if eligible), or
- leave the country.
If you have been dismissed but are appealing the decision
If you were dismissed from your job, and are formally appealing the dismissal, then your employer should not inform the Home Office that they have terminated your sponsorship yet. See our advice on appealing the dismissal for information on your rights, the appeal process, and how to get support from the RCN.
If you are in the middle of appealing a dismissal but receive a notice of curtailment, contact the Home Office immediately to explain that you are appealing the dismissal and inform your RCN representative if you have one. If you have any difficulties with this, contact RCN Directto discuss a referral to the Immigration Advice Service.
Finding a new job and Certificate of Sponsorship (CoS)
If you want to stay in the UK to work, you must obtain a new job with a new sponsor and submit a fresh application to remain in the UK, with the details of your new employer.NHS Employers provide a regularly updated list of agencies that recruit nurses and nursing support workers.
Your new employer must provide you with a Certificate of Sponsorship (CoS). The CoS contains information that you will need to complete your visa application.
Important: You cannot start working with the new employer until you have permission from the Home Office to do so. To avoid delays and loss of earnings, it is advisable to pay an extra fee for a Priority Service where a decision would be made by the Home Office within five working days.
If you find a new job and want support with applying for a new Health and Care Visa,contact RCN Direct.
You can use the RCN Careers service and resources to help you find a job. There is more information about this further below.
Applying for a different type of visa
If you feel you will be unable to find a new job to comply with the requirements of the Health and Care visa, then you may be able to stay in the UK by applying for a different type of visa, such as a spouse visa, unmarried partner visa, family visa, or a student visa. Check the GOV.UK information on applying for visas for guidance on eligibility.
If after checking your eligibility you think you meet the criteria to apply for another visa route, and would like support with applying, contact RCN Direct.
Leaving the country
If you cannot find a new job in time and/or are not eligible to apply for a different type of visa, then you will need to leave the UK.
Overstaying can put future visa applications at risk
Although you are not required to leave the UK until the end of the 60-day period advised by the Home Office, it is advised to leave as soon as is practicable to ensure that any future applications to enter the UK are not put at risk.
Overstaying without a very good reason can significantly impact your ability to return to the UK and/or apply for another UK visa in the future.
Travelling outside the UK
Travelling outside the UK without a valid sponsorship may complicate your ability to return, especially if the Home Office processes the curtailment of your visa while you are abroad. Upon attempting to re-enter the UK, you may face difficulties at the border if your visa status has changed to reflect that your sponsorship is no longer valid.
Support with finding a new job and managing your finances
The RCN Careers Servicecan offer advice and guidance with finding a job. This includes helping you with your CV, helping you write job applications or covering letters, one to one interview coaching, and more. If you have been dismissed from your role, see applying for jobs following investigation or dismissal.
If you are facing or expect to face financial hardship as a result of being out of work, see the online advice from the RCN Welfare serviceas well as the RCN financial wellbeingpages.
