Updated Right to Work Guidance for Employers: Supplementary Employment and Students

The UK government recently updated its right-to-work guidance. Employers should stay on top of these changes, particularly when employing workers on sponsored visas and students. Below is an overview of the key updates and what they mean for you.

Supplementary Employment

Earlier this year, the updated rules provided more flexibility for workers on a Skilled Worker visa. They can take on additional employment, but this must be in line with specific conditions:

• The supplementary job must be listed in Tables 1, 2, or 3 of Appendix Skilled Occupations.
• It must not exceed 20 hours per week.
• It must take place outside the contracted hours for their sponsored job.

This means a Skilled Worker can take on additional roles if the extra work fits these guidelines. For example, a software developer on a Skilled Worker visa could work part-time as a data scientist, provided it’s listed and doesn’t interfere with their primary role.

The rules are more specific for workers on other sponsored routes, such as the Intra-Company routes (pre-11 April 2022), Senior or Specialist Workers, or T2 Minister of Religion. These workers can only take up supplementary employment if:

• The job is in the same profession and at the same professional level as their main role or listed in the Appendix Immigration Salary List.
• The supplementary job doesn’t exceed 20 hours per week.
• It happens outside the contracted hours for their sponsored employment.

Employers must take steps to confirm that supplementary employment meets these requirements.

The guidance clarifies that employers should request documentation from the worker’s primary sponsor confirming that they are still employed, along with the job description, occupation code, and contracted working hours.

Continuing to employ a worker who breaches these conditions could result in penalties, so be diligent in conducting right-to-work checks.

International Students

International students can work while studying in the UK, but there are restrictions. Employers need to be aware of the conditions that apply, especially regarding the number of hours students are allowed to work during term time.

• Students may work 10 or 20 hours per week during term time, depending on their visa conditions.
• They can work full-time during holidays, before their course starts, and after course completion (within the time allowed by their visa).
• Students can only take up permanent full-time employment if they switch to a visa that allows this, such as the Skilled Worker or Graduate routes.

Employers should always verify a student’s right to work by using the Home Office’s "Check a job applicant’s right to work" online service. You’ll also need to check with the student’s educational provider for their academic term dates to confirm they comply with their work conditions.

It’s important to remember that students are not permitted to work as professional sportspersons or entertainers, and the total number of paid and voluntary work hours must not exceed the limit set by their visa.

Keep detailed records of right-to-work checks, including academic term dates, to avoid potential penalties.

What to Do if Circumstances Change

If there is a change in an employee’s circumstances, such as their visa status or academic enrolment, their right to work could be affected. Here’s what you should be aware of:

• If the worker or student applies to switch their visa (e.g., from a student visa to a Skilled Worker visa), their current work conditions remain in place until the Home Office makes a decision.
• If a student or worker’s sponsor loses their licence or they stop studying or working for their sponsor, their permission to work may be curtailed. This means their right to work could end immediately or within 60 days, depending on the circumstances.

Employers must stay updated on the status of their employees’ visas and take the necessary steps if a change affects their right to work. This may involve contacting the Home Office or taking steps to terminate the employment.

Final Thoughts for Employers

Understanding and following the latest right-to-work rules is essential to avoid civil penalties. Whether you're employing Skilled Workers, students, or volunteers, make sure to:

• Conduct thorough right-to-work checks.
• Keep accurate and up-to-date records, including confirmation of student term dates and employment verification for sponsored workers.
• Ensure that any supplementary employment meets the required conditions.
• Be proactive in seeking advice if unsure about an individual’s right to work.

For more detailed information, refer to the Employer's Guide to Right to Work Checks document on the government’s website or contact us to discuss further. Compliance with these rules will help you avoid penalties and keep your workforce running smoothly.