Previous supplementary employment rules

Prior to April 2024, the UK immigration rules permitted Skilled Workers to engage in supplementary employment, but under strict conditions. These regulations were designed to balance the needs of workers with the integrity of the immigration system. Skilled Workers were allowed to take on additional work, but they were required to maintain their primary employment with their sponsoring employer. This ensured that the main purpose of their visa remained intact.

The supplementary work had to be conducted outside of the hours they were contracted to work for their sponsor. This rule was implemented to prevent any conflict or interference with their primary job responsibilities. To further safeguard against potential abuse of the system, a cap of 20 hours per week was placed on supplementary employment.

In terms of the nature of the additional work, the rules were quite specific. Skilled Workers could only undertake supplementary employment that was either in the same occupation and at the same professional level as their sponsored role, or in an occupation listed on the 2020 Shortage Occupation List (SOL). This restriction was aimed at ensuring that the additional work aligned with the worker's skills and the UK's labour market needs.

These regulations reflected a cautious approach to supplementary employment, balancing the desire to provide flexibility for Skilled Workers with the need to maintain control over the UK's immigration and labour policies.

Updated supplementary employment rules

The Home Office has significantly expanded the opportunities for supplementary employment for Skilled Workers in the UK. This change represents a major shift in policy, offering greater flexibility and opportunities for those on Skilled Worker visas.

Under the new rules, Skilled Worker visa holders can now engage in a much wider range of supplementary work. They are no longer restricted to jobs similar to their primary sponsored role. Instead, they can take on any occupation listed in the Appendix Immigration Salary List. This list encompasses a broad spectrum of jobs across various sectors, greatly increasing the options available to Skilled Workers.

Furthermore, Skilled Worker visa holders can now work in any eligible occupation code as specified in Tables 1, 2, or 3 of the Appendix Skilled Occupations. This change allows them to explore roles in different fields, potentially enhancing their skills and experience while in the UK.

Despite these expansions, it's important to note that some key restrictions remain in place. The supplementary work is still limited to a maximum of 20 hours per week. This cap helps ensure that the supplementary work does not interfere with the primary sponsored job. Additionally, the requirement for supplementary work to be conducted outside of contracted hours for the main job remains unchanged. This helps maintain a clear separation between the sponsored work and any additional employment.

These changes reflect a more flexible approach to skilled migration in the UK, allowing workers to maximise their skills and potentially fill labour shortages in various sectors. However, it's crucial for both employers and visa holders to understand and comply with these new regulations to avoid any potential breach of immigration rules.

Is overtime with the current sponsor considered supplementary employment?

Overtime work performed for the current sponsor, within the scope of the sponsored employment, is not classified as supplementary employment. Instead, it is viewed as an extension of the sponsored role. This means that any additional hours worked for the primary employer, beyond the standard contracted hours, are considered part of the main job for which the worker was sponsored.

This classification has significant implications for both the employee and the employer. As overtime is part of the sponsored role, it must adhere to the same rules and requirements as the regular working hours. This includes compliance with the Working Time Regulations, which are designed to protect workers' rights and ensure safe working conditions.

Furthermore, the remuneration for overtime work must meet the relevant salary criteria for the specific sponsorship route. This is crucial to maintain compliance with visa conditions and ensure that the worker is being compensated appropriately for their skills and the work performed.

It's important for employers to understand that while overtime is not subject to the restrictions of supplementary employment, it still needs to be carefully managed. Excessive overtime could potentially raise questions about the nature of the sponsored employment and whether it aligns with the original terms of sponsorship.

Right-to-work checks for supplementary employment

Employers in the UK are required to conduct comprehensive right-to-work checks before allowing a worker to engage in supplementary employment. These checks are crucial to ensure compliance with immigration rules and avoid potential penalties.

The process starts with verifying the worker's eligibility for supplementary employment, which includes checking their visa status to ensure that their visa type permits such work, as not all visa categories allow for supplementary employment.

Next, employers must obtain confirmation from the worker's main sponsor. This confirmation should include details about the worker's current employment status, a detailed job description, the occupation code of their primary role, and their normal working hours. This information helps ensure that the supplementary employment does not conflict with the worker's primary job and adheres to the conditions of their visa.

Another critical step is to check if the worker is engaged in any other supplementary employment. This is particularly important because there is a strict limit of 20 hours per week for supplementary work across all employers. By asking about other supplementary roles, employers can ensure they are not inadvertently causing the worker to exceed this limit.

The UK government has recently increased the maximum civil penalty for employing illegal workers to £60,000 per violation. This significant increase underscores the seriousness with which the authorities view non-compliance with right-to-work regulations. It serves as a stark reminder to employers of the importance of thorough and accurate right-to-work checks.

These stringent requirements and the hefty penalties for non-compliance reflect the UK's commitment to maintaining the integrity of its immigration system and protecting the rights of workers. For employers, strict adherence to these rules is not just a legal obligation but also a safeguard against potentially severe financial and reputational damage.

The Pitfalls of Illegal Employment

Whilst the UK's Skilled Worker visa route offers opportunities to foreign workers, it has also revealed unexpected challenges. A particular concern is that some skilled workers are at risk of falling into the trap of illegal employment.

The crux of this issue arises when sponsoring employers fail to provide visa holders with sufficient work. Migrant workers, needing to maintain their livelihood, may inevitably seek alternative employment, often resulting in a breach of their visa conditions. This problem is particularly prevalent in the UK's care sector.

These situations often stem from visa holders' insufficient understanding of their visa conditions or unethical practices by some employers, such as issuing sponsorship certificates for non-existent jobs. Consequently, many overseas workers arrive in the UK only to discover a lack of actual employment, compelling them to seek any form of work for survival.

This complex scenario underscores the critical importance for both visa holders and employers to thoroughly understand visa conditions. Workers must clearly recognise the limitations of their permitted work, whilst employers must diligently fulfil their sponsorship obligations.

To avoid these pitfalls, both employers and workers are advised to seek professional legal guidance to ensure full compliance with visa regulations and employment laws. This approach not only protects individual legal status but also contributes to maintaining the integrity of the UK's immigration system.