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When someone is granted permission to enter or stay in the UK under a Worker or Temporary Worker route, certain conditions apply to their visa.
Both the employer and the worker need to understand these rules, as breaking them can have serious consequences.
Key Conditions
All individuals in these visa routes are subject to the following conditions:
- No access to public funds
- Restrictions on employment
- Permission to study, but with some limitations
If a worker fails to comply with these conditions, the Home Office may take action against either the worker, the employer, or both. Possible outcomes include:
- The worker's visa being shortened or cancelled
- Removal of the worker from the UK
- Suspension, downgrading, or revocation of the employer's sponsor licence
- In serious cases, referral to the police or other authorities
No Access to Public Funds
Anyone with permission under the Worker or Temporary Worker routes cannot claim most benefits, tax credits, or state support for housing or homelessness.
This restriction means they must be financially independent or supported by their employer, without relying on public assistance.
Employment Restrictions
In most cases, workers sponsored under these visa routes can only work for the employer and in the role stated on their Certificate of Sponsorship (COS).
Minor changes to their job details are allowed as long as:
- The sponsor reports the change through the Sponsorship Management System (SMS) or the Sponsor UK service (for PB1 sponsors).
- The worker continues to meet salary and eligibility requirements for their visa route.
- The change does not require a new "Change of Employment" application.
Additional or Other Types of Work
- Depending on their visa type, some sponsored workers may also be allowed to:
- Take on extra employment (for example, Scale-up Workers)
- Work out a notice period for their current employer when changing jobs
- Take supplementary employment alongside their main job
- Work for a second sponsor under a separate COS
- Carry out temporary work as a sportsperson or sports broadcaster
- Undertake voluntary work
Working Out a Notice Period
Workers applying for a new sponsored role (known as a "change of employment" application) may continue working for their current employer during their contractual notice period, as long as they were lawfully employed on the date they applied for the new visa.
Supplementary Employment
Some visa holders can take on additional paid work alongside their sponsored job, known as supplementary employment.
However, they must continue to work in the job listed on their COS. The extra work must also meet the Home Office's specific conditions. (A separate article will explain these requirements in detail.)
Voluntary Work
Certain visa holders can take part in unpaid, voluntary activities in addition to their sponsored employment. This applies to people on the following routes:
- Skilled Worker
- Global Business Mobility routes
- Minister of Religion
- International Sportsperson
- Scale-up Worker
- Charity Worker, provided the voluntary work is in the same role as their sponsored job and qualifies as "eligible charity work."
Studying While Working
Workers and Temporary Workers can study while in the UK, as long as it doesn't interfere with their sponsored job. There is no limit on the number of hours or the level of study, and the course does not have to be at a licensed student sponsor institution.
However, if a worker (who is not an exempt national) wishes to study or conduct postgraduate research in a sensitive subject area listed in Appendix ATAS of the Immigration Rules, they must first obtain an Academic Technology Approval Scheme (ATAS) certificate from the Foreign, Commonwealth and Development Office before starting their studies.
Final Thoughts
Both sponsors and workers must take care to follow these visa conditions closely. Breaching them can have serious consequences for both parties, including visa cancellation or loss of the sponsor licence.
Understanding and complying with these rules helps ensure a smooth and lawful stay in the UK.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
