Understanding Supplementary Employment For Sponsored Workers

In our last discussion, we looked at visa conditions for Workers and Temporary Workers. Today, let's focus on the rules around supplementary employment — when a sponsored worker wishes to take on an additional paid job alongside their main sponsored role.

What is Supplementary Employment?

Some sponsored workers are allowed to take on extra paid work, known as supplementary employment. However, this is only permitted under specific circumstances. With the exception of general practitioners who have completed their specialty training, a worker must continue to work for their main sponsor and in the role listed on their Certificate of Sponsorship (CoS) while carrying out any supplementary work.

Both the sponsor and the worker are responsible for making sure the conditions are met and that the worker is actually allowed to take supplementary employment.

Who Can Take Supplementary Employment?

A worker can take supplementary employment if they hold valid permission under one of the following immigration routes:

• Skilled Worker
• Intra-Company routes (in place before 11 April 2022)
• Senior or Specialist Worker (only under transitional arrangements)
• T2 Minister of Religion
• International Sportsperson
• Creative Worker
• Government Authorised Exchange
• International Agreement (only if working for an overseas government or international organisation)
• Religious Worker

Note: Different rules apply to Scale-up Workers, which are not covered here.

Conditions for Supplementary Employment

To qualify as supplementary employment, all the following conditions must be met:

• The work must be for no more than 20 hours per week.
• The worker must continue their main sponsored job as stated on their CoS (unless they are a qualified GP as explained below).
• The work must take place outside their contracted hours with their main sponsor.
• The extra job must be:
  • In the same profession and at the same skill level as their main sponsored job, or
  • In an occupation listed in Appendix Immigration Salary List, or
  • For Skilled Workers, in an eligible SOC 2020 occupation code listed in Appendix Skilled Occupations (depending on when they were granted permission).

Supplementary employment does not need to be with a licensed sponsor, and workers do not need to inform the Home Office as long as they follow these rules.

If a worker takes on additional employment that does not meet the above requirements — and they haven't been granted specific permission for it — they will be in breach of their visa conditions.

Workers should always inform their supplementary employer that the role is supplementary, so the employer can complete the correct right to work checks.

Special Rule for General Practioners in Specialty Training

From 7 August 2023, Skilled Workers sponsored under occupation code 2211 (General Practitioner in specialty training) are granted an extra four months of permission beyond their CoS end date. During this time, they can take supplementary employment even after their main sponsored work has ended, as long as the general rules for supplementary work are still met.

Who Cannot Take Supplementary Employment?

Workers under the following routes are not allowed to take supplementary employment:

• Global Business Mobility (unless transitional arrangements apply)
• Charity Worker – although they may do additional voluntary work in the same role as stated on their CoS
• Seasonal Worker
• International Agreement – unless employed by an overseas government or international organisation.

Private servants in diplomatic households can, however, take additional work as domestic staff in another household, provided their main role remains with their original employer.

Transitional Rules for Senior or Specialist Workers

A Senior or Specialist Worker may take supplementary employment only if all the following apply:

• Their current permission was granted for staying in the UK (not entry clearance).
• They previously held permission under the Intra-Company routes (before 11 April 2022).
• They have continuously held valid permission under this route since then.

If these conditions are not met, they cannot take supplementary employment.

Secondary Employment (Second CoS)

Workers on any of the Worker routes — except Senior or Specialist Workers — may be allowed to take a second job that does not meet the supplementary employment criteria. This is known as secondary employment.

Secondary employment requires a second Certificate of Sponsorship (CoS) from a licensed sponsor, and the worker must:

• Have already started their main sponsored job.
• Apply for new permission to stay to allow them to take on the second role.

Rules for Sportspersons and Sports Broadcasters

Workers on the International Sportsperson route can also:

• Play for their national team while it is in the UK.
• Take part in British University and College Sport (BUCS) competitions.
• Work temporarily as a sports broadcaster (for example, as a guest commentator).

They do not need an additional CoS to do this.

Final Thoughts

Understanding the limits on supplementary and secondary employment is essential for both sponsors and workers. Taking on unauthorised work could lead to a breach of visa conditions, which can have serious immigration consequences. Always check the current Home Office guidance and ensure the terms of employment comply with the visa rules.

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.