Skilled Worker Visa

Hello!

Losing your Skilled Worker job and being made redundant can be a very stressful situation, as your visa is directly tied to your employment with your sponsor. When your employment ends, your employer is legally required to notify the Home Office, and your Skilled Worker visa will typically be curtailed, usually giving you a 60-day grace period to either find a new sponsored job, switch to another visa route, or leave the UK.

Regarding your question about seeking asylum at this stage, it's a very serious step with significant implications, and it's crucial to understand the eligibility and process.

**Understanding Asylum in the UK:**

Asylum in the UK is for individuals who have left their own country and cannot return because they fear persecution based on:

* Their race

* Their religion

* Their nationality

* Their political opinion

* Anything else that puts them at risk because of the social, cultural, religious, or political situation in their country (e.g., their gender, gender identity, or sexual orientation).

You must be unable to live safely in any part of your own country and must have failed to get protection from authorities in your own country.

**Key points if you are considering seeking asylum:**

1. **Eligibility is Crucial:** Simply losing your job and being made redundant in the UK does not, by itself, make you eligible for asylum. Asylum is about protection from persecution in your home country, not about economic hardship or changes in immigration status in the UK. You would need to demonstrate a well-founded fear of persecution in your home country based on one of the protected grounds.

2. **How to Apply:** If you are already in the UK and wish to claim asylum, you should contact the Home Office to book a screening interview. During this interview, you will explain why you are seeking asylum.

3. **No Right to Work (Generally):** Most people who claim asylum in the UK are initially not allowed to work while their claim is being processed. You would generally be provided with accommodation and support to meet your essential living needs if you would otherwise be destitute. Permission to work may only be granted if your claim has been outstanding for more than 12 months through no fault of your own, and if granted, it's usually restricted to jobs on the Immigration Salary List (formerly Shortage Occupation List).

4. **Impact on your Skilled Worker Visa:** If you claim asylum while you still have valid leave (e.g., within your 60-day curtailment period), your leave may be extended under Section 3C of the Immigration Act 1971 while your asylum claim is being considered. However, your ability to work on your Skilled Worker terms would generally cease. If your asylum claim is refused and you have exhausted all appeal rights, you would then be expected to leave the UK.

**Before you consider seeking asylum, it's important to explore other options available to you if you wish to remain in the UK:**

* **Find a New Sponsored Job:** Your primary option would be to secure a new job offer with a licensed sponsor within your 60-day grace period and apply for a new Skilled Worker visa.

* **Switch to Another Visa Category:** Consider if you meet the eligibility criteria for other visa routes, such as:

* **Family Visas:** If you have a partner who is a British citizen or has settled status in the UK, you might be able to switch to a Spouse/Partner visa.

* **Graduate Visa:** If you have recently completed an eligible degree in the UK, you might be able to switch to the Graduate route.

* **Other Work Visas:** Depending on your circumstances and qualifications, other work-related routes might be available (e.g., Global Talent, Innovator Founder, or a specific government-authorised exchange scheme).

Given the complexities and the serious nature of an asylum claim, it is absolutely essential to seek expert legal advice to understand your options fully and the potential consequences. Making an asylum claim without a genuine and well-founded fear of persecution can lead to refusal and impact your future immigration prospects.

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy!

[https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call](https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call)

As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications (including EU Settlement Scheme) and British Citizenship Applications.