Alterations to Supplementary Employment Under Skilled Worker Route

We live within a fast-paced global economy, which navigates the UK’s immigration landscape for businesses, individuals, and students. Listed below, you will find a comprehensive guide as to how Work Permit Cloud can support you on your journey. As well as this, there will be a breakdown of insights from immigration experts.

 

Sections:

-          What is Supplementary Work?

-          Legal position regarding Changes in Immigration Rules dated 14 March 2024

-          WPC interpretation of the proposed Legal Changes in Immigration Rules

-          What happens if you are doing more than 20 hours a week in another job?

-          What checks are compulsory for supplementary employment?

-          How can Work Permit Cloud help?

What is Supplementary Work?

Supplementary Work involves Skilled Workers, undertaking additional work in conjunction with their sponsored job. Also, this work must be completed outside the working hours of the sponsored job. The work can be completed with any employer but must follow the conditions of the supplementary employed defined by the Home Office.

 

Legal position regarding Changes in Immigration Rules dated 14 March 2024

 

·       In paragraph 6.2 (b), the definition of “Supplementary employment”, substitute:

·       "Supplementary employment" means employment in a job (other than the job for which the person is being sponsored) which either:

·       appears in Appendix Immigration Salary List; or

·       is in the same profession and at the same professional level as the job for which the person is being sponsored; or

·       if the person has permission as a Skilled Worker, is in an eligible SOC 2020 occupation code listed in Tables 1, 2 or 3 of Appendix Skilled Occupations.

·       i) the person remains working for the sponsor in the job for which the Certificate of Sponsorship records the person is being sponsored (except where the other employment takes place during the 4 months referred to in SW 18.1A of Appendix Skilled Worker, where that provision applies);

·       ii) the other employment does not exceed 20 hours per week and takes place outside of the hours when the person is contracted to work for the sponsor in the job for which the person is being sponsored.".

·       (Further Information can be found on the Government Website)

 

However, it must be noted the additional employment the individual undertakes is limited to a maximum of 20 hours per week. As well as this, it must be carried out within a period that does not overlap with the obligated work the sponsor must complete.

 

WPC interpretation of the proposed Legal Changes in Immigration Rules

According to the new changes from the home office, a person under a skilled worker visa, will be able to undertake another form of employment. This form of employment must be alongside the job they are being sponsored for.  

 

·       The supplementary work must comply with the eligible occupation code.

·        (Further information can be found on the Government website)

·       You can also work up to 20 hours a week in another job or for your own business, as long as you’re still doing the job you’re being sponsored for. 

·       You can also complete unpaid voluntary work

 

Therefore, this would mean skilled workers will want to undertake supplementary work, as they can complete work in any occupation list for skilled workers. They will not be confined to the same occupation code.

 

What happens if you are doing more than 20 hours a week in another job?

If an individual wants to work more than 20 hours a week in another job, it would be classified as secondary employment. Acting upon this, they must apply to update their visa, to be sponsored for both positions. They will need to include a letter within their application explaining they want to alter their permission to stay.

 

What checks are compulsory for supplementary employment?

 

An employer needs to conduct various checks, before sponsoring an employee for supplementary employment.  These checks would encompass a right work check, per the applicable guidance before the person’s employment with them starts.

 

The process involves the employer to:

·       Obtain original documents from either List A or B of the acceptable documents. (The acceptable documents can be found on the Government website) As well as this, you must check the documents submitted are genuine, and that the person presenting them is the rightful holder and permitted to do the work you are offering.  For example, you must check the photographs and date of birth are consistent across all documents. Lastly, you must ensure you make a copy of each document, such as copy and retaining copies of passports and both sides of an Immigration Status Document.

·       In the case of a Biometric Residence Permit, you can do the share code check, through the home office site or the following link.

·       You must obtain a letter or verification from the person’s sponsor, confirming the person is still working with them. This form of verification should detail the job role, and occupation code and stipulate their standard working hours.

·       You must ascertain if the individual is involved in any other supplementary employment, with a differing employer. This is to ensure they do not exceed the 20-hour weekly threshold for supplementary employment.

 

Furthermore, it would be highly recommended to insert clauses within your employees’ contracts. These clauses will place a contractual requirement on the employee to report any changes to their sponsored employment, which might impact their applicability to undertake or limit the hours they work. In addition, it would be advisable for employers to include flexibility clauses within the individual’s contract, to provide the scope to make any necessary changes.

 

To conclude, employers must be aware of a £60,000 civil penalty fine for employing illegal workers. To mitigate such financial penalties, the employer needs to follow the comprehensive guidance on right-to-work checks. As well as ensuring they are up to date with the necessary checks which need completing, before hiring a skilled worker for supplementary employment.

 

How can Work Permit Cloud help?

 

Work Permit Cloud provides expert guidance and support to ensure compliance with immigration regulations, including navigating supplementary employment rules and conducting right-to-work checks effectively.