| Supplementary employment before 4 April 2024 | Supplementary employment from 4 April 2024 |
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*You must check the start date of supplementary employment against the occupations on the Shortage Occupation List in force at the time. You can check this by selecting the date from the timeline on the archived Shortage Occupation List.
Can supplementary employment that commenced under the old rules be allowed to continue?
Anyone engaged in supplementary employment on the basis that the role is in the same occupation and at the same professional level as their sponsored role, can continue in that role.
Anyone who was previously working in a role on the Shortage Occupation List before 4 April 2024 should be permitted to continue, but anyone starting in a role from 4 April 2024 may only start if the role is on the Immigration Salary List. This is not confirmed in the updated guidance, but we assume this will be the case and will be confirmed in the guidance in due course.
What action should employers take?
Here are 3 easy steps to help you stay compliant:
- Identify which workers are engaged on the basis of supplementary employment and make sure that you are in compliance with the rules as they were in force at the time.
- Make sure you keep adequate documentation on file. The guidance does not provide a list of documentation, but in order to comply with the new rules, it would necessary to obtain and retain:
- A letter from their sponsor confirming that they are still employed in the role stated on their Certificate of Sponsorship
- A copy of the CoS or a job description and confirmation of the sponsored occupation code (or confirmation that the role is on the Immigration Salary List)
- Confirmation from the individual that they are not engaged in supplementary employment with anyone else, or if they are, the number of hours that they are engaged for.
- Proactively monitor and record the hours worked per week by each worker to ensure the 20-hour maximum is not exceeded.
More questions?
If you have any queries about the issues raised in this article or would like to find out about our related training and tools, please contact a member of our immigration team.
