The UK's cost of living crisis has placed significant financial pressure on many, including Skilled Worker Visa holders. As living expenses rise, it's no surprise that more sponsored migrant workers are exploring taking on second jobs to supplement their income. However, the UK's immigration system is complex. Failing to comply with visa conditions can lead to serious consequences, including visa cancellation, removal from the UK and long-term bans on re-entry.
For both workers and employers, understanding the rules around second employment is not just advisable—it's essential. In this guide, as a leading provider ofsponsor licence assistance to employers for employing overseas workers and immigration support to migrant workers in the UK, we will help you learn the rules, risks, and responsibilities surrounding second jobs for Skilled Worker visa holders.
Can Skilled Worker Visa Holders Take on Second Jobs in the UK?
Yes, Skilled Worker visa holders can take on additional work in the UK, but strict rules apply. On a Skilled Worker visa, you may take on an additional job of up to 20 hours per week, provided it is in an eligible occupation and scheduled outside the hours of your main sponsored role. However, you are not permitted to be self-employed or run your own business under this visa route unless explicitly authorised by the Home Office. Engaging in any self-employed activity without permission could breach your visa conditions.
However, if you wish to work for more than 20 hours per week in a second job, you will have to update your visa to allow you to continue both jobs. You must obtain a new Certificate of Sponsorship from your second employer and submit a letter explaining your request to the Home Office. Voluntary work is also allowed if it is unpaid and for an approved organisation.
If you are unsure about your specific situation, we recommend you consult with an immigration lawyer in London to ensure you are not breaching any immigration law.
Supplementary vs. Secondary Employment
Before you take on a second job, it is essential to understand the difference between supplementary and secondary employment for Skilled Worker visa holders in the UK. Each type has different rules, processes, and implications. This section will explore the difference between these two and their key considerations.
Supplementary Employment
Supplementary employment is an extra job you can take on as a Skilled Worker visa holder in addition to your main sponsored role. You do not need to update your visa or inform the Home Office for this job, provided the following conditions are met:
- You must continue to work for your main sponsor in the job specified on your Certificate of Sponsorship (CoS)
- The supplementary job must be in an eligible occupation code (as listed in Tables 1, 2, or 3 of Appendix Skilled Occupations)
- The supplementary job must not exceed 20 hours per week and the role must be classified as a shortage occupation
- The work must be outside the contracted hours of the sponsored job
According to the recent changes announced last year on 4 April, supplementary employment can be in any sponsorable occupation code, not just the same type of work as the main role.
Secondary Employment
Secondary employment refers to taking on an additional job that does not fit the criteria for supplementary employment. It requires a separate contract of employment and CoS.
Secondary employment requires formal approval from the Home Office before starting. The worker cannot start the secondary job until this process is complete.
Rules for Taking a Secondary Employment
The following rules must be followed if you want to take a secondary employment:
- A second Certificate of Sponsorship (CoS) must be obtained from the new employer and a formal application must be submitted to the Home Office
- The worker must already have successfully utilised their primary CoS in a visa application
Once approved, the visa holder will have dual sponsorship status, and their Biometric Residence Permit (BRP) will reflect both jobs. The approval letter will list both sponsors and the respective end dates of employment.
Voluntary Work – Is It Allowed?
Yes, Skilled Worker visa holders in the UK are allowed to undertake voluntary work. The UK immigration rules permit those on a Skilled Worker visa to volunteer for registered charities, voluntary organisations, or statutory bodies, provided the work is genuinely unpaid. This means that while you can be reimbursed for reasonable expenses such as travel or meals, you cannot receive any form of payment or salary for your voluntary activities.
There is no specific limit on how many hours you can volunteer. However, it is important that your voluntary work does not interfere with your main sponsored job, which is the primary reason for your stay in the UK. Your main employment must remain your priority, and you must continue to meet all the conditions of your Skilled Worker visa.
You do not need to inform the Home Office or obtain additional permission to undertake voluntary work, as long as it is genuinely unpaid and not a disguised form of paid employment. It is also important that your voluntary work is not under a contract of employment and that you are not filling a position that would otherwise be a paid role.
As long as these conditions are met, volunteering can be a rewarding way to contribute to the community, gain new experiences, and expand your network while living and working in the UK on a Skilled Worker visa.
Risks of Unauthorised Employment
Both employees and employers must be aware of the following risks when it comes to secondary employment:
Visa Cancellation: The Home Office can cancel your Skilled Worker visa if you are found working outside the conditions of your visa, such as taking on unauthorised jobs or exceeding allowed work hours.
Removal from the UK: Engaging in unauthorised employment can lead to deportation (removal) from the UK.
Re-entry Ban: If you are found to have breached your visa conditions, you may be banned from re-entering the UK for a period of time.
Impact on Future Applications: Any record of unauthorised employment can negatively affect future UK visa or immigration applications, including settlement (ILR) and citizenship.
Employer Penalties: Employers who allow or fail to prevent unauthorised employment can be fined up to £60,000 per illegal worker and may face criminal prosecution.
Sponsor Licence Revocation: Your employer's sponsor licence may be suspended or revoked, which would affect your status and the status of other sponsored workers.
Reputational Damage: Both you and your employer may suffer reputational harm, as UK authorities can publish details of breaches and penalties.
Risk of Exploitation: Unauthorised employment can leave you vulnerable to exploitation, such as underpayment, poor working conditions and lack of legal protections.
No Legal Recourse: If you work illegally, you may have no legal protection or recourse if you are mistreated or unpaid.
Criminal Record: Unauthorised employment can sometimes result in a criminal record, especially if deception or fraud is involved.
For more information or assistance regarding unauthorised employment, seek corporate immigration assistance.
Employer Responsibilities
When sponsoring foreign talent, employers must fulfil some duties for sponsor licence compliance. Below, we have mentioned two of the most crucial duties and what they involve:
Reporting Duties
Employers must report the following to the Home Office for each sponsored worker:
- Any significant changes in employment for the Skilled Worker (such as changes to their job title, duties, salary or work location) must be reported by the employer within 10 working days via the Sponsor Management System (SMS)
- Should a sponsored worker's job end ahead of schedule due to resignation, dismissal or redundancy, the Home Office must be notified
- Unauthorised absence from work for 10 consecutive working days must be reported via the Sponsor Management System
- Any changes in the worker's immigration status, such as visa refusal or cancellation, must be reported
- If the worker's normal work location changes permanently (including full-time remote work), this must be communicated to the Home Office
- Employers must report if they stop sponsoring a worker for any reason, including withdrawal of a job offer or the worker leaving the company. Failure to meet these reporting duties can lead to penalties, including suspension or revocation of the sponsor licence, affecting both the employer and the employee
Contractual Clauses and Internal Policies
Employers must include these policies and clauses in the work agreement for sponsor licence compliance:
Right to Work Clause: Employment contracts should clearly state that continued employment is conditional on the employee maintaining the legal right to work in the UK.
Visa Compliance Clause: Contracts should require employees to comply with all visa conditions and promptly inform HR of any changes in their circumstances.
Internal Reporting Procedures: Contracts must include policies for when and how employees report internal changes to HR.
Record Keeping: Employers should ensure policies are in place to keep worker contact details, right-to-work checks, and employment background information accurate and updated.
Monitoring Absences: Employers must implement systems to track and document employee absences and ensure any unauthorised leave is identified and reported as required.
Training and Awareness: Employers must have policies for providing HR and management staff with training on sponsor licence compliance and the importance of adhering to Home Office requirements.
Conclusion
A second job gives Skilled Worker visa holders a chance to meet their financial needs as living costs in the UK rise. However, the rules related to secondary or supplementary employment in the UK are strict, and any breach can lead to severe consequences for employers and employees. Successfully managing these issues requires both parties to keep themselves informed, communicate well, and consult experienced immigration advisors in UK.
Frequently Asked Questions
Can I take a second job while on a Skilled Worker visa in the UK?
Yes. Skilled Worker visa holders can take on additional UK work as secondary or supplementary employment. In supplementary jobs, they don't need to inform the Home Office and can work up to 20 hours a week, as long as they do not compromise on their sponsored job. If the additional work requires more than 20 hours a week, it will be regarded as a secondary employment, for which they will be required to submit a CoS from the second employer and inform the Home Office to update their visa.
Can I have two sponsors simultaneously on a Skilled Worker visa?
If you wish to work more than 20 hours per week in a second job, you must apply to update your visa to be sponsored for both jobs. For doing so, you will be required to obtain a new Certificate of Sponsorship from your second employer and submit a letter with your application to the Home Office, requesting to change your current permission to stay.
How much tax will I pay on a second job in the UK?
Your second job is usually taxed at the basic rate (20%) if your main job uses up your personal allowance. The tax rates for second jobs are as follows:
- Basic rate (BR) 20% for earnings between £12,571 and £50,270
- Higher rate (D0) 40% on earnings between £50,271 and £125,140
- Additional rate (D1) 45% on earnings above £125,140
What happens if I lose my job while on a Skilled Worker visa?
If you lose your sponsored job, your visa will be curtailed. However, you will be granted a 60-day grace period (or until your visa expiry date, if sooner) to find a new sponsor, switch to another visa category or leave the UK. If you fail to take the correct action within this time period, your stay will become unlawful.
Can my sponsor withdraw their sponsorship in the UK?
Yes. Your sponsor can withdraw their sponsorship if they have a valid reason. Some valid reasons include termination of employment, breach of visa conditions, or changes in circumstances (like financial instability). To avoid legal issues, they must report and justify the reason to the Home Office.
If you need support with sponsor licence assistance, guidance on employing overseas workers, or advice on how to employ foreign talent while remaining compliant, immigration solicitors and registered advisers can help.