UK Skilled Worker Route: New Supplementary Job Rules
The UK’s immigration rules are constantly evolving, and staying informed is crucial for employers and employees alike. One recent development is the updated guidance on supplementary employment under the Skilled Worker Route, effective from April 2024.
This blog post will break down the updates to help skilled workers confidently navigate these changes.
What Is Supplementary Employment?
Supplementary employment allows skilled workers in the UK to take on additional work alongside their primary sponsored role. This type of employment must adhere to specific guidelines set by the Home Office, ensuring it doesn’t conflict with the conditions of their visa or primary job responsibilities.
Importantly, supplementary work can only be undertaken outside the sponsored role’s standard working hours. While workers can carry out this additional employment with any employer, the role must align with the eligibility criteria and other regulations, such as adhering to permitted hours and job types.
New Changes in Supplementary Employment Rules Under the UK Skilled Worker Route
Beginning April 4, 2024, skilled worker visa holders will no longer be limited to supplementary roles that match their primary sponsored position. Instead, they can now engage in any work that falls under the sponsorable job codes under the Immigration Rules Appendix Skilled Occupations list.
These changes provide greater flexibility for visa holders, allowing them to take on additional roles with either the same or a different employer. However, certain conditions must still be met to ensure compliance with immigration rules:
- The supplementary work must qualify under the sponsorable job codes associated with the Skilled Worker visa. However, the salary thresholds for the primary role do not apply to additional work.
- The total hours for supplementary employment cannot exceed 20 hours a week.
- The supplementary work must be performed outside the regular working hours of the visa holder’s sponsored role to prevent conflicts with their primary job responsibilities.
These updates aim to provide more opportunities for Skilled Worker visa holders while maintaining safeguards to ensure their primary employment obligations remain unaffected. The changes also benefit industries facing labour shortages by expanding the pool of skilled professionals available for part-time roles.
Are Overtime Hours for Sponsored Employers Counted as Supplementary Employment?
Overtime hours worked for a sponsoring employer are not considered supplementary employment under the Skilled Worker visa rules. Instead, such overtime is an extension of the worker’s primary sponsored role as long as it falls within the duties outlined in the worker’s Certificate of Sponsorship (CoS).
Sponsors must ensure that all overtime hours follow the UK’s Working Time Regulations, which govern limits on working hours and rest breaks. Additionally, the salary for these overtime hours must meet the minimum thresholds and other requirements specified for the sponsored employment under the Skilled Worker route.
Essential Compliance Checks for Supplementary Employment
Employers hiring individuals for supplementary employment under the Skilled Worker route must follow all necessary compliance measures to meet legal requirements and protect against potential penalties.
Employers must perform an individual’s right to work check in supplementary roles. This includes:
- Confirming the worker’s visa conditions and ensuring their supplementary work aligns with UK immigration rules.
- Verifying the individual’s primary employment details with their sponsor, including their continued role and regular working hours, to ensure supplementary work will not conflict.
- Ensuring that total supplementary work hours do not exceed 20 per week, as Skilled Worker visa regulations mandated.
Proper documentation is essential to demonstrate compliance with right-to-work requirements. Employers should retain records of verification steps, including correspondence with the worker’s primary sponsor and confirmation of visa conditions through Home Office systems.
Employers should also include clauses in employment agreements requiring workers to disclose changes to their primary employment status or additional roles that may affect their eligibility for supplementary work. Such clauses help mitigate risks and provide clarity in case of regulatory updates.
Failing to comply with right-to-work checks or exceeding permitted hours can lead to substantial fines, with penalties reaching up to £60,000 for employing individuals without proper authorisation.
Get to know about: Key Duties After Obtaining a UK Skilled Worker Sponsorship Licence
Let Our Experts Help You
Understanding the rules around supplementary employment and right-to-work checks can feel overwhelming, but you don’t have to tackle it alone. Our immigration solicitors at Sponsor Licence Lawyers are here to guide you every step of the way.
Whether you’re an employer looking for compliance advice or a Skilled Worker visa holder with questions, we’ve got you covered. Contact us today, and let us help you sort things out easily.
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Disclaimer
Our articles serve as general guidance and should not be considered legal advice. We do not accept liability for any consequences resulting from reliance on the information provided in our written materials. All readers should seek professional counsel before making any decisions or taking action based on our articles. If you require further assistance, please don’t hesitate to contact us directly for consultation with a qualified professional.
