Can Your Sponsored Employee Take On a Second Job?

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Can Your Sponsored Employee Take on a Second Job?

Author and key contact: Sabina Kauser

After having to pay for immigration fees and health surcharge, skilled workers are often faced with financial difficulties due to the rising costs of living in the UK.

While some employers are able to provide overtime work for their employees, most are unable to do so due to the nature of their work (for example, they have fixed closing hours) or they simply do not have the capacity.

In such situations, skilled workers often enquire if they are able to take up a second job without breaching conditions of their leave.

Fortunately, the answer to this is yes, as long as they:

  • Continue with the sponsored work; and
  • Work up to an additional 20 hours per week; and
  • Take up a job with the same occupation code or that is on immigration salary list

If they wish to do more than 20 hours a week, they need to apply to change their current permission to stay. This will involve obtaining a new Certificate of Sponsorship from their second employer.

If they do not comply with the above rules, the UKVI can curtail their leave and they may be required to leave the UK. This will have an impact on any future applications to enter or remain in the UK.

Non-compliance can also have serious consequences for the employer. They must undertake right to work checks to ensure that the employee that they will potentially be taking on is not in breach of their visa conditions.

If you are an employer considering taking on an employee who is already working as a skilled worker, you should read through the Employer’s guide to right to work checks.

For advice on your sponsor licence obligations, contact our Immigration team.

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