09 Mar What can I do as a Skilled Worker?
Each visa category has specific conditions, which migrants must comply with whilst failure to do so could result in a breach of the Immigration Rules. Since now EU nationals are also subject to the Immigration Rules, unless they have settled or pre-settled status, they may find this article helpful in terms of understanding what they are allowed to do whilst in the UK, as a Skilled Worker. As a result, the restrictions listed below apply to both EU and non-EU nationals.
The Skilled Worker visa permits a migrant to be lawfully employed in the UK. This must be for a specific job, under a particular Standard Occupational Code (SOC) while sponsored by a licenced UK organisation. However, subject to meeting the relevant criteria, they can also engage in what is known as (1) secondary or (2) supplementary employment.
Secondary employment allows a migrant to undertake an additional job, which is not in the same profession as the job they are sponsored for. However, it must be with a licensed sponsor and the migrant should be able to meet the requirements for the specific job. The migrant will need to apply for a new Certificate of Sponsorship (CoA) and have their leave varied, as they will now have two UK sponsors.
Supplementary employment allows a migrant to undertake additional work as long as it is a job listed on the Shortage of Occupation list, or is a job in the same profession and level as the role for which their initial CoS was assigned for. The supplementary employment must also not be more than 20 hours a week, and be outside the working hours covered by the CoS. If the circumstances meet the above requirements, it will not be necessary for the migrant to notify the Home Office of this.
It is important to stress that if a skilled worker were to change employer or their role changes significantly within the organization, they will need to make a change of employment application. However, as of 1 December a licenced sponsor is no longer require to carry out a resident labour market test (RLMT). A change in the initial role might include any changes in the core duties, which would affect their occupation code or if they were to move from a Shortage of Occupation job to one which is not.
Finally, skilled workers can also study whilst in the UK, as long as it does not interfere with their employment. In addition, depending on the migrant’s country of nationality, they may be required to register with the police. For a full list, please refer to the following link: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-2-police-registration Skilled Workers should also be aware that they are not entitled to access UK public funds until they are granted settled status or Indefinite Leave to Remain.
If you have any queries, please do not hesitate to contact our team of dedicated immigration consultants on 02033843075 or email [email protected].
