Can a Sponsored Worker Take a Second Job

Posted onJune 12, 2023

Immigration solicitors are being asked about the UK immigration rules on sponsored workers taking on a second job.

In this article, our immigration lawyers look at the rules on supplemental employment for sponsored employees in the UK on the skilled worker visa or health and care worker visa.

UK Online and London-Based Immigration Lawyers and Sponsorship Licence Lawyers

For work visa and sponsor licence legal advice call OTS Solicitors on 0203 959 9123 or contact us online.

Second jobs for sponsored workers

Our Sponsorship Licence lawyers have seen a rise in inquiries from both employers and visa holders about the immigration rules on second jobs for sponsored workers. There are 2 main reasons for the inquiries:

The recruitment crisis- with many sectors struggling to fill vacancies, businesses are turning to part-time employees to fill gaps, some of whom already have sponsored employment with a sponsor licence holder
The cost of living crisis - with the rent rises in London combined with escalating food and heating bills everyone, including sponsored workers, is looking at ways of bringing in extra cash

The importance of understanding the rules on second jobs

UK employers and work visa holders need to understand the importance of the immigration rules on second jobs because:

For the visa holder – working in breach of visa conditions could mean the curtailment (or early end) of the work visa. In addition to the visa holder being required to leave the UK, they may face difficulties securing further entry clearance to the UK because of their immigration record
For employers – if an employer employs an employee in breach of their visa conditions, then unless the employer has the statutory protection of having carried out a valid right-to-work check, they could face civil or criminal sanctions under the illegal working legislation. In addition, employers with sponsor licences could be placing their sponsor licence at risk of a Home Office compliance audit and even suspension or revocation

Supplemental employment for skilled worker visa holders

In the immigration rules, second jobs are referred to as supplemental employment. The amount of supplemental employment a visa holder can do currently depends on whether they hold:

A skilled worker visa
A health and care worker visa

Although the health and care worker visa forms part of the skilled worker visa route, the supplemental employment rules are more generous if the visa holder is in the UK on a health and care worker visa.

A skilled worker visa or health and care worker visa holder must continue in their main employment as detailed in their certificate of sponsorship to be able to take on a second job.

Second jobs and skilled worker visa holders

A skilled worker visa holder can work up to 20 hours a week in a second job provided that the supplemental employment is either:

In a shortage occupation – defined as included on the government‘s shortage occupation list or
In a job with the same standard occupational classification code and at the same seniority level as the worker’s primary employment with their sponsoring employer

These rules prevent skilled worker visa holders from taking on a casual bar or hospitality job at the weekend to boost their income but do allow some additional employment.

Second jobs and health and care worker visa

The immigration rules for second jobs for health and care worker visa holders are more flexible. A health and care worker visa holder can work more than 20 hours per week in a second job provided that the supplemental employment would also meet the criteria for a health and care worker visa. Therefore, extra care worker hours are permissible but not, for example, babysitting or leaflet distribution.

If the second job is not in the health care sector, the health and care worker visa holder can still take up second employment provided that the work hours are limited to 20 hours a week and the job is in a shortage occupation.

A health and care worker visa holder will need to apply to the Home Office to update their visa if they are either:

Taking a job that is not an eligible health and care worker visa job or on the shortage occupation list
Working more than 20 hours in a job in a shortage occupation that does not qualify as a health and care worker visa job

Second job rule changes for health and care worker visa holders

These more generous second job rules for health and care worker visa holders currently end on 27 August 2023 but the rules may be reviewed and extended before August. That’s why it is best that work visa holders and sponsoring employers speak to immigration solicitors to check that they are complying with the latest immigration rules.

At present, from 27 August 2023, health and care worker visa holders will only be able to do up to an additional 20 hours of paid work and the second job will need to be either in the same standard occupational classification code as the job on the certificate of sponsorship or in a shortage occupation.

Sponsor licence and work visa advice

At OTS Solicitors we have specialist teams of business immigration and work visa lawyers who can advise employers and visa applicants. Our services include:

Sponsor licence applications
A full sponsor licence management service through a fixed monthly retainer
Employment law advice for employers including guidance on recruiting skilled worker visa and health and care worker visa applicants, allocation of certificates of sponsorship and right-to-work regulations
Firefighting legal advice if a sponsor licence holder is facing a Home Office compliance audit or has been notified that their sponsor licence is at risk of suspension or revocation
Individual immigration advice on skilled worker visa and health and care worker visa applications as well as switch, extension and settlement applications
Dependant visa applications for the relatives of skilled workers and health and care worker visa applicants

UK Online and London-Based Immigration Lawyers and Sponsorship Licence Lawyers

For work visa and sponsor licence legal advice call OTS Solicitors on 0203 959 9123 or contact us online.

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