Supplementary employment rules
Supplementary employment
39.52 Migrants sponsored under Tier 2 and Tier 5 are allowed, in limited circumstances to undertake other work in addition to that which their CoS was assigned for. We call this supplementary employment. The exception is for private servants sponsored under Tier 5 (International Agreement) who are not allowed to take supplementary employment.
39.53 Supplementary employment does not have to meet the resident labour market test requirements and the employer does not have to be a licensed sponsor. Supplementary employment must:
a) be in the same profession and at the same professional level as the work for which the migrant’s CoS was assigned, or
b) be a job which is on the list of shortage occupations. This list is available on our pages on the GOV.UK website at:
www.gov.uk/government/publications/tier-2-shortage- occupation-list- from-6-april-2015 (if the occupation is later removed from the list of shortage occupations, the migrant must cease that employment)
c) befornomorethan20hoursaweek
d) be outside of the normal working hours for which the migrant’s CoS was assigned.
Migrants do not need to advise us of any supplementary employment they undertake as long as it meets these criteria.
39.54 A migrant should advise their new employer that the employment is supplementary to the work they are being sponsored to do so that their supplementary employer can make the necessary checks recommended in our guidance for employers on illegal working. That guidance is available on our pages on the GOV.UK website at:
www.gov.uk/government/publications/ prevent-illegal-working-in-the-uk.
