As a Tier 2 visa (or Skilled Worker visa as they are now called) holder, it is imperative that you keep to the conditions of your leave in the UK. The risk of doing something which you are strictly not permitted to means that you run the real risk of losing your visa. If this does happen, you may lose your job, and be given 60 days to leave the country by the Home Office. For this reason, we always recommend that before you make any change to your circumstances, you check that you can do so within the conditions of your visa first. Taking a cautious approach will protect your immigration status and that of your dependants (i.e. spouse/partner and children). We are often asked by existing Skilled Worker visa holders and those in the application process, whether it is possible to work part-time on top of working full-time. In this article, we will explain whether it is possible to work part-time on a Skilled Worker visa for a different employer.
What Do The Immigration Rules Say About Taking On Additional Work?
UKVI calls additional work, ‘supplementary employment’. The Home Office guidance for sponsors states, “Workers sponsored on the Worker and Temporary Worker routes can undertake additional work other than that for which their CoS was assigned if they meet certain conditions”. The rules state that in order to take on supplementary work, it must be:
- in the same profession and at the same professional level as the work for which the worker’s CoS was assigned or be a job which is in an occupation listed in the Shortage Occupation List (SOL)
- for no more than 20 hours a week; and outside of the normal working hours for which the worker’s CoS was assigned
This provides some degree of flexibility as it is possible to work part-time in a role which is not the one you are currently hired for, without applying to change your visa, as long as it is on the SOL.
Does The Supplementary Employment Need To Be With The Same Employer?
No, in fact, the supplementary part-time employment doesn’t even need to be with a sponsor license holder. The immigration rules state, “Where supplementary employment is permitted, it does not have to be with a licensed sponsor. Sponsored workers do not need to advise us of any supplementary employment they undertake as long as it meets these criteria”. Again, this affords a great deal of flexibility as the number of non-sponsoring employers in the UK is much greater than those with a sponsor license (currently around 39,000 businesses).
Can All Sponsored Workers Take On Supplementary Part-Time Work?
No, there are some exceptions which apply, but only to temporary Tier 5 workers. The immigration rules state the following cannot do supplementary work:
- Charity Workers – although they can do additional voluntary work outside
- of the voluntary work for which they are being sponsored
- Seasonal Workers
- International Agreement Workers, if they have been granted as:
- a private servant in a diplomatic household
- a contractual service supplier
- an independent professional
This means that all Tier 2 and Skilled Worker visa holders can, if they choose, work part-time in line with the rules explained above.
Does My Part-Time Employer Need To Know I Am Sponsored By Another Employer?
Yes, the Home Office guidance on this matter explains, “A sponsored worker should advise their new employer that the employment is supplementary to the work they are being sponsored to do, so their supplementary employer can make the necessary checks recommended in our guidance for employers on illegal working”. Your part-time employer is required by law to carry out right to work checks on you, and hence they will need to see your visa/passport, or biometric residence permit, showing you are legally allowed to work in the UK.
What Should I Do If I Want To Work More Than 20 Additional Hours Or In A Different Occupational Code?
If you want to take on additional work outside of the rules for supplementary work outlined above, then you will need to submit an application to change your work visa. This, in essence, means you will be sponsored for both roles. This may not be possible if your second employer is not on the list of sponsor license holders. In this case, they may be willing to apply to become a license holder in order to employ you part-time, although this may not be feasible given the cost and compliance overheads of doing so. If you do decide to seek a second sponsorship, you will need to:
- request a new certificate of sponsorship from your second employer
- provide a letter with your application explaining that you want to change your current permission
You will still need to meet the eligibility requirements for the Skilled Worker visa, but assuming you have been in the UK for less than one year, you will not need to provide any other evidence to support your change application than the new CoS.
The letter you include with your application must include the following information:
- your name
- your date of birth
- your current certificate of sponsorship reference number
- the date when your current permission to stay runs out
Assuming that your application to change your visa is approved, you will then receive a new visa which will give you permission to work in both roles (i.e. for two separate employers).
Final Words
The rules allowing you to take on supplementary work as a Skilled Worker visa holder don’t allow you to take on any type of work. It will still need to meet the skill level required for a work visa, and if you wish to switch to a different occupation code, or work more than 20 additional hours, you may need to apply to change your visa. As ever, if you are unsure of the conditions of your visa, before taking on a second job, do check with an immigration Solicitor first.
