As a result of a common misconception that Skilled Workers are permitted to take supplementary employment ‘in any job’, the Home Office has clarified when a Skilled Worker can undertake supplementary employment in its updated employer’s guide to right to work checks. This is a brief guide to what you must know about supplementary employment as a Skilled Worker.
What is supplementary employment?
‘Supplementary employment’ is defined in the Immigration Rules as an extra job a sponsored worker is permitted to take in addition to the job specified on their certificate of sponsorship.
For the job to be permitted as supplementary employment, all the following conditions must be met:
- They continue to work for their sponsor
- The job is in an eligible SOC occupation code listed in Table 1, 2, 3 of Appendix Skilled Occupations
- The job must not exceed 20 hours per week
- The job must take place outside of the contracted working hours of their sponsored job
Can I take supplementary employment in any job?
If the employment does not meet the above conditions, it will not be considered to be supplementary employment and therefore you are not permitted to take that employment.
The updated Home Office guidance means that you will have to provide your other employer with, as part of your right to work check process, some evidence from your current sponsor confirming
- you are working for their sponsor and
- your contractual working hours
My sponsor has withdrawn my sponsorship, can I still take supplementary employment?
If you are no longer working for your sponsor as stated on your CoS, you are not eligible to take supplementary employment. If you are currently taking supplementary employment, you must inform your employer that you are no longer able to meet the conditions of supplementary employment and stop working for them.
Knowingly working in breach of conditions of leave may have serious consequences for your immigration status and your future immigration applications.
I am a GP trainee. Is there an exception for me?
If you are a General Practice (GP) trainee who is granted permission until four months after the end date on their CoS, you can do supplementary work during these four months, even if you are no longer working for your sponsor.
I am sponsored on the T2 Minister of Religion route, do the same rules apply to me?
If you are currently sponsored on routes other than the Skilled Worker route, different rules apply. You may still be able to undertake supplementary employment if:
- you are on the eligible route; and
- the job is listed in Appendix Immigration Salary List; or is in the same profession and professional level as your sponsored work.
How we can help
Whether you can take supplementary employment is not always clear. For example, employers who have never held a sponsor licence typically misidentify the correct occupation code for the offered job.
If you have any questions about supplementary employment or you would like to explore alternative options to work in the UK, please contact our friendly team today.