If you’re living and working in the UK on a Skilled Worker visa (previously known as the Tier 2 General visa), you may at some point need to extend your stay.

Typically, extension (also called “extension of stay” or “further leave to remain”) requires a new Certificate of Sponsorship (CoS) from your employer. But what if you can’t get a new CoS? Maybe your employer is unable or unwilling to sponsor you any longer, or you’re in a situation where your job has substantially changed and no new CoS has been issued. This post explains your options, timing considerations, legal requirements, and practical steps you can take if you need to extend your time in the UK without a fresh CoS.

Who this post is for

• Skilled Worker visa holders approaching the end of their current permission.
• Those whose employers cannot or will not issue a new Certificate of Sponsorship.
• People exploring alternative routes to remain lawfully in the UK.
• HR professionals or advisers supporting affected employees.

Important note on legality and changes

Immigration rules change frequently. This blog post explains general principles as of the last update and should not be relied on as legal advice. If you have a complex situation, a history of immigration problems, or need certainty about your status, consult an immigration solicitor or an accredited adviser.

Background: What is a Certificate of Sponsorship and why it matters

A Certificate of Sponsorship (CoS) is an electronic record issued by a UK Home Office licensed sponsor to a non-EEA worker. It contains details about the job you’ll do, salary, and your personal details. The Skilled Worker route is employer-led: the sponsor must allocate a CoS and meet duties such as ensuring the job meets skill and salary thresholds, and conducting right-to-work checks. For most changes or extensions linked to employment, a CoS is the central document that justifies granting permission.

Why you might need a new CoS to extend

When you apply to extend a Skilled Worker visa, the Home Office needs to confirm you still meet the route’s requirements: that you’re sponsored, the job meets the required skill level and salary, and that the sponsor can carry out their duties. If your existing CoS is used up or has expired, or if your role or employer has changed, a new CoS is generally required.

Situations where you might not have a new CoS

• Your sponsor collapses business operations or loses its sponsor license.
• Your employer won’t or can’t issue a new CoS (e.g., redundancy, internal policy, or sponsorship limits).
• You have changed employers but the new employer is not yet a sponsor.
• You’ve moved into a role outside the Skilled Worker route but wish to remain.
• You are in the 28-day period after employment ended and are searching for a new sponsor but haven’t yet been issued a CoS.

Can you extend without a CoS? Short answer and main routes

Short answer: Generally no — to extend under the Skilled Worker route you normally need a valid CoS from a licensed sponsor for your intended employment. However, there are some alternative routes and limited circumstances where you can remain in the UK lawfully or switch to another category without a new CoS.

Key alternatives to consider:

1. Switch to another visa category that doesn’t require a CoS (or where the CoS requirement is different)
   • Skilled Worker to Global Talent (if eligible): Requires endorsement, not a CoS; for exceptional talent in science, humanities, engineering, medicine, the arts, and technology.
   • Skilled Worker to Family visas: If you have a partner who is a British citizen or settled person, or other family connections qualifying you for a family route.
   • Skilled Worker to Student (Tier 4/Student Route): You need a Confirmation of Acceptance for Studies (CAS) issued by a licensed sponsor (education provider), which functions similarly to a CoS—so you do need a new document but from a different sponsor.
   • Skilled Worker to Start-up or Innovator: requires endorsement by an approved endorsing body — not a CoS but a type of authorization.
   • Skilled Worker to Ancestry visa: If you have a UK-born grandparent and meet other conditions, you can apply without a CoS.
   • Skilled Worker to Visitor or short-term visa: These are for temporary stays and have strict limitations; switching from Skilled Worker to Visitor inside the UK is generally not permitted.
   • Domestic worker, temporary worker, or other short-term categories: typically require sponsorship or specific conditions; these are not usually suitable.
2. Apply for settlement (Indefinite Leave to Remain) if eligible
   • If you already meet the residency requirements for ILR (usually 5 years continuous lawful residence under qualifying categories, sometimes 3 years under certain shortage occupations or routes), you might apply for settlement rather than an extension. ILR applications have their own documentary requirements and don’t require a CoS but require proof of continuous lawful residence, meeting absence limits, salary thresholds, and other criteria.
3. Make an “in-country” application on a different basis where CoS isn’t required
   • Certain discretionary or exceptional leave routes may not require a CoS. Examples include human rights claims, private life routes (10-year or 20-year), or other compassionate grounds. Such applications are complex and depend heavily on individual circumstances (family life, human rights considerations, asylum, etc.).
4. Leave and re-enter with a new CoS or different visa from abroad
   • If you cannot extend in-country because you lack a CoS, you may need to leave the UK and apply from your home country once you secure a sponsor or switch route. This can be disruptive and risky if you have no guaranteed sponsor.
5. Rely on the 28-day “grace period” (very limited)
   • After certain employment changes (e.g., genuine termination), the Home Office provides a short period (often 60 days under some previous rules; historically 60 or 28-day allowances have applied in various forms) to find a new sponsor or make alternative arrangements. The precise grace period depends on the rules in force at the time and on whether you’re switching employers, ending employment, or if your sponsor has revoked sponsorship. Don’t rely on this casually — check current guidance and act promptly.

Important timing and legal status considerations

• Apply before your current visa expires: You must apply to extend or switch before your current leave ends if you want to stay lawfully. If you submit a valid in-time application, you can usually remain in the UK until a decision is made, even if the decision arrives after your previous leave expires (this is known as “3C leave” under section 3C of the Immigration Act 1971). But if your application is invalid or you apply late, you may fall into unlawful status.
• Right to work: Without valid leave or while intending to switch, your right to work may be affected. Employers will typically require proof of your right to work; if you’ve applied in-time, show your employer evidence (e.g., an application acknowledgement) and follow any verification processes.
• No recourse to public funds: Extensions and other routes generally maintain the “no recourse to public funds” condition. Be cautious about accessing benefits.
• Dependants: If you have dependants on your Skilled Worker visa, any change or switch may affect their status too. They may need to make their own applications or be included in your application.

Step-by-step practical guidance if you don’t have a CoS

1. Start early and gather documentation
   • Do not wait until the last minute. Collect passport pages, biometric residence permit (BRP), previous CoS details, payslips, P60s, employment contract, employer communications, proof of continuous residence, and any documents relevant to alternative routes (family, ancestry evidence, endorsement letters, etc.).
2. Talk to your current employer
   • Ask if your employer can extend sponsorship, apply for a new CoS, or provide a letter explaining why they cannot (helpful if you later need to show efforts to find a sponsor). Ask whether the employer has lost their sponsor license, plans to apply for one, or can transfer sponsorship.
   • If your employer cannot sponsor but another employer is willing, confirm whether the prospective employer is a licensed sponsor and can assign a CoS. If not, explore whether they can apply for a sponsor license (this process can take months and has no guarantee).
3. Explore alternative visa categories
   • Check eligibility for family visas, Global Talent, Start-up, Innovator, Ancestry, or settlement. Each has specific requirements and different documentary proof. For example, the Global Talent route requires endorsement from a recognized endorsing body and has high standards; it’s not a simple fallback.
4. Consider switching on human rights or private life grounds only if appropriate
   • If you have strong family life in the UK or other human rights arguments, a human rights application might be appropriate. These are fact‑specific and often need legal advice.
5. Maintain lawful status by applying in-time to an alternative route where possible
   • If you can switch to a different visa category without leaving the UK (and before your current permission expires), do so. Ensure you meet all the requirements and submit a complete application to avoid refusal.
6. If you must leave and reapply from abroad, plan logistics
   • Secure an offer and a CoS (or other required endorsement), check processing times, arrange finances, and consider the implications for dependants, tenancy, and employment. If you can’t secure a sponsor quickly, look at short‑term options such as returning on a permitted visit visa only for temporary stays (but you cannot work on a visitor visa).
7. Get professional advice for complex situations
   • Immigration law is technical and penalties for mistakes can be severe (refusal, barriers to re-entry, delays to settlement). Accredited immigration solicitors or OISC-regulated advisers can help evaluate options and prepare stronger applications.

Common scenarios and suggested approaches

• Employer cannot issue CoS because of redundancy or business closure:
  • Immediate steps: ask for a formal letter setting out redundancy or closure, request proof of termination date and reason.
  • Options: find a new employer who is a licensed sponsor and can assign a CoS; apply for an alternative route (family, ancestry, Global Talent if eligible); if eligible for settlement, apply for ILR.
• New employer not yet a licensed sponsor:
  • If the new employer is willing to sponsor but must apply for a licence first, this process takes time (and may be refused). You cannot start work under Skilled Worker until they are licensed and assign a CoS. Consider whether you can apply for leave on another route (e.g., Skilled Worker to Student if you can switch) or leave the UK and return after sponsor licensing and CoS.
• Sponsor Licence revoked:
  • If your sponsor loses their licence while you remain in the UK, your sponsor’s duties end and you may lose sponsorship. You should seek a new sponsor quickly or consider switching route. Monitor communications from the Home Office, as they may issue specific instructions.
• Dependants impacted:
  • If your visa depends on the main applicant and that application changes or is refused, dependants’ leave may also be affected. Ensure dependants are included in any new application where required.

Evidence you may need when applying to extend or switch

• Proof of identity: passport, previous BRP.
• Current visa details and CoS (if available).
• Employer letters: employment contract, job description, payslips, P60, and letter from sponsor confirming employment/sponsorship details.
• Evidence of continuous residence in the UK: tenancy agreements, utility bills, bank statements.
• Proof for alternative routes: e.g., relationship evidence for family visas, endorsement letters for Global Talent or Start-up, ancestry documents for Ancestry visas.
• Financial evidence: bank statements or sponsorship evidence if required by the new route.

Risks of staying unlawfully or using incorrect procedures

• Overstaying or remaining without valid leave can lead to removal, bans on re-entry, inability to switch to certain visas in the future, and limits on appeals.
• Incomplete or incorrect applications risk refusal, potentially affecting future immigration prospects.
• Working illegally (without the right to work) can lead to employer penalties and put you and the employer at risk. Employers are required to conduct right-to-work checks.

When to consult a lawyer or an adviser

• Your case involves human rights grounds or complex family life issues.
• You’ve received a sponsor license revocation or a notice from the Home Office.
• Your employer has terminated sponsorship, and you need to explore settlement, switching, or appeal options.
• You face imminent removal or complex appeals.
• You want help preparing a stronger application for an alternative route (Global Talent, Start-up, Innovator) that has subjective elements and endorsement steps.

Summary checklist

• Don’t assume you can extend a Skilled Worker visa without a new CoS — it’s usually required for extensions linked to employment.
• Explore alternative visa routes that do not require a CoS or use different authorizations (endorsements, family basis, settlement).
• Act early — collect documents and speak to your employer and potential sponsors promptly.
• If you apply in-time to switch or extend under an appropriate route, you can usually remain lawfully while the application is decided.
• Get professional legal advice for complex or high-risk situations.

Conclusion

Extending a Skilled Worker visa without a Certificate of Sponsorship is not straightforward. For most Skilled Worker extensions you’ll need a new CoS from a licensed sponsor. However, depending on your circumstances there can be alternatives: family routes, endorsed routes (Global Talent, Start-up), settlement applications, or evidence-based human rights applications. The right path depends on your individual facts, timing, and long‑term plans. Start preparing early, document everything, and consult an immigration professional to minimize the risk of falling into unlawful status.