ArticleSupplementary Work Rules: A Guide for UK Skilled Workers

As UK immigration law evolves, the recent updates to the Immigration Rules, effective from 14 March 2024, have introduced crucial changes to Supplementary Work for Skilled Workers and their employers. These amendments redefine the scope of supplementary employment, offering greater flexibility while emphasizing compliance with legal requirements.

In this article, we explore the legal framework governing Supplementary Work, examine the implications of these updates, and provide practical guidance for Skilled Workers and employers to navigate these changes effectively.

What Is Supplementary Work?

Supplementary work allows Skilled Workers to engage in additional employment alongside their primary sponsored role, provided specific conditions are met. Importantly, this additional work:

1. Must take place outside the working hours of their primary sponsored job.
2. Is limited to a maximum of 20 hours per week.
3. Must align with certain eligibility criteria, including:
   • Being listed in the Immigration Salary List.
   • Belonging to the same profession and professional level as their sponsored job.
   • Falling within an eligible SOC 2020 occupation code listed in Tables 1, 2, or 3 of Appendix Skilled Occupations.

This supplementary employment can be undertaken with any employer, provided the conditions are met. Voluntary unpaid work also qualifies under these rules.

The Key Updates to Immigration Rules

The Home Office’s updates clarify and expand the scope of supplementary employment. The revised definition in paragraph 6.2(b) of the Immigration Rules includes:

• Flexibility for Skilled Workers to take on additional jobs in eligible occupation codes, even if outside their primary occupation code.
• A continued requirement that supplementary work must not interfere with the obligations of their sponsored employment.

These updates reflect a pragmatic approach, allowing Skilled Workers to broaden their professional horizons while maintaining adherence to visa conditions.

What If You Exceed 20 Hours of Supplementary Work?

Exceeding the 20-hour limit classifies the additional employment as secondary employment. In such cases, Skilled Workers must:

1. Apply to update their visa to reflect both roles.
2. Submit a detailed letter explaining the request to alter their permission to stay.
3. Await approval before exceeding the 20-hour threshold.

This ensures transparency with the Home Office and avoids potential breaches of immigration conditions.

Employer Compliance: Checks and Responsibilities

For employers, the changes underline the importance of robust compliance processes. Before hiring a Skilled Worker for supplementary employment, employers must conduct comprehensive right-to-work checks in line with Home Office guidance. These checks include:

1. Document Verification:
   • Review original documents from List A or B of acceptable documents (available on the Government website).
   • Cross-check photographs, dates of birth, and document consistency.
   • Retain clear copies of all documents, including passports and Immigration Status Documents.
2. Biometric Residence Permit Checks:
   • Use the Home Office’s online share code system to verify work eligibility.
3. Sponsorship Confirmation:
   • Obtain a letter from the individual’s primary sponsor confirming their employment, job role, occupation code, and contracted hours.
4. Supplementary Work Limits:
   • Verify whether the worker is already engaged in supplementary employment to ensure they do not exceed the 20-hour weekly cap.

Failure to comply with these checks could expose employers to significant risks, including civil penalties of up to £60,000 for employing illegal workers.

Drafting Contracts: Safeguarding Against Risks

Employers are advised to include specific clauses in employment contracts to mitigate risks. Key clauses should:

1. Require employees to report any changes to their primary sponsored employment that could affect their eligibility for supplementary work.
2. Introduce flexibility clauses, allowing employers to adjust working arrangements if immigration compliance necessitates it.

Such provisions ensure both parties remain within the bounds of the law while safeguarding their professional relationship.

Opportunities and Risks: A Balanced Outlook

The new rules offer Skilled Workers greater flexibility to diversify their experience, enhance their income, or contribute to voluntary causes. However, the framework also demands heightened awareness and diligence from both employees and employers.

For Skilled Workers, understanding their visa conditions and staying within the supplementary work limits is paramount. Employers, on the other hand, must bolster their compliance infrastructure to avoid legal and financial penalties.

Final Takes: Navigating Supplementary Work with Confidence

The 2024 updates to the Immigration Rules reflect a balanced approach, empowering Skilled Workers to expand their professional scope while ensuring the integrity of the UK’s immigration system. By adhering to the stipulated conditions and embracing best practices, Skilled Workers and employers can unlock the potential of these changes without falling afoul of the law.

Whether you’re a Skilled Worker exploring supplementary opportunities or an employer keen to stay compliant, informed decisions are key. As the UK immigration landscape evolves, staying ahead of the curve is no longer optional—it’s essential.

For expert advice on navigating these changes, consult a qualified immigration solicitor. With the right guidance, the opportunities far outweigh the challenges.