Sponsor Licence News: Update to the 20-hour Supplementary Employment Rule for Health and Care Worker Visa Holders
Just when a nursing or care home with a sponsor licence thinks it understands its reporting and recording duties under its sponsor licence and the immigration rules surrounding the health and care worker visa the rules change.
In this blog, our immigration solicitors look at the change in rules surrounding health and care worker visa holders taking up supplementary employment.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For sponsor licence and health and care worker visa immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
The health and care worker visa and supplementary employment
In February 2023 the government introduced changes to the rules on health and care worker visa holders taking up extra employment.
The change was universally welcomed by nursing home and care home owners as well as by Sponsorship Licence lawyers as it provided some assistance to healthcare sector businesses in their struggle to recruit staff.
The rule change temporarily removed the 20-hour cap on supplementary employment for health and care worker visa holders. This meant sponsored health and care worker visa holders could work unlimited hours in a second job without needing to update their visas. The only condition was the second job also had to meet the job eligibility criteria for the health and care worker visa. That made sense as whilst there is also a recruitment crisis in sectors such as retail, hospitality and construction, the tweaks to the immigration rules were designed to help care and nursing home owners.
The 20-hour cap on second employment has been re-instated
The Home Office has now re-instated the 20-hour cap on supplementary employment for health and care worker visa holders. That is disappointing news for individual visa holders as well as for healthcare sector sponsor licence holders.
The current immigration rules on supplemental employment for health and care worker visa holders
The current immigration rules on supplemental employment for health and care worker visa holders still allow visa holders to work some extra hours in a second job but they may need to update their visa.
The rules say:
- A health and care worker visa holder can do additional paid work provided they are still employed in their sponsored employment
- Whether a visa holder’s visa needs to be updated to allow them to carry out the additional work depends on the type and hours of work of their second job
- The health and care worker visa does not need to be updated if the supplementary employment is up to 20 hours a week in another job that either has the same standard occupational classification code as the primary sponsored job or the second job is on the shortage occupation list
- If the second job involves working more than 20 hours per week the visa needs to be updated even if the work is in a shortage occupation or has the same standard occupational classification code as the primary job
- If the supplemental job is 20 hours or less a week then the health and care worker visa holder will only need to apply to update their visa before they take on the second job if the secondary employment is not on the shortage occupation list or if it does not have the same occupation code as their primary employment or if it has the same code but is at a different level
What is involved in updating a health and care worker visa holder’s visa
If health and care worker visa holders want to take on a second job and need to update their visa because of the change in rules, they need to get a certificate of sponsorship from their second employer. They need the certificate of sponsorship before they can take up the supplementary employment. Otherwise, they do not have the right to work in their second employment and both the visa holder and second employer are in breach of illegal working legislation.
Workers who took on a second job over 20 hours per week during the relaxation of the 20-hour rule are also affected by the change in rules.
Checking secondary employment and right to work
Sponsorship Licence lawyers say it is important that sponsor licence holders check if health and care worker visa holders need to amend their visa to continue a second job or to take on new supplementary employment. That is because the sponsoring employer is responsible for checking if an employee (even if it is a part-time second job) has the right to work in that employment.
With the government plans to increase civil penalties for those employers who employ workers who do not hold the correct right to work from the current maximum fine of £20,000 for each worker, it is now more important than ever to keep up to date with immigration rules changes and with sponsor licence duties.
How can OTS Solicitors help?
As specialist business immigration team and Sponsorship Licence lawyers our experts can answer all your sponsor licence and health and care worker visa queries.
We can help you with:
- Pre-first sponsor licence application audit and assessment to prepare for a first sponsor licence application
- Sponsor licence applications and renewals
- Ongoing sponsor licence compliance advice
- Sponsor licence management service
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For specialist care home related sponsor licence advice call OTS Solicitors on 0203 959 9123 or contact us online.
Related Posts
Have Your Say if You Sponsor Overseas Workers on Health and Care Worker Visas
Sponsor Licence Sponsor Management System Changes For Sponsor Licence Holders
UK Government Announces Planned Massive Increases in the Immigration Health Surcharge and Visa Fees
OTS Solicitors Celebrate the 2023 Legal 500 London Immigration Rankings