Tier 2 workers and the Rules on Additional Working and Studying
Tier 2 workers often consider undertaking additional employment or do charity work. Others wish to further their studies while they have access to some of the best educational institutions in the world.
However, many Tier 2 workers are unsure about the immigration terms and conditions for undertaking additional working or studying.
Tier 2 Workers and Supplementary Work
In certain circumstances, Tier 2 workers may undertake work other than that stipulated in their Certificate of Sponsorship. This work is supplementary employment.
You may under the following circumstances undertake supplementary employment;
• The job has to be on the shortage occupation list; OR
• It has to be in the same sector and same professional level as the work for which the sponsorship certificate was issued.
• Not for longer than 20 hours per week; and
• It has to be outside the normal working hours for the job for which the sponsorship certificate was issued.
If the Tier 2 worker can meet these requirements on supplementary employment, you do not need to inform the Home Office of it.
Tier 2 Workers and Secondary Work
The rules for Tier 2 workers and a second or additional job are very strict.
Secondary work is work that does not fulfill the requirements for supplementary work. For example, it is longer than 20 hours per week, and not in the same profession as the job specified in the Certificate of Sponsorship.
If you want to undertake secondary work, it has to be with the licensed employer.
The migrant has to meet the criteria relevant to the category for the secondary work. Recruitment must be in line with the Tier 2 rules, and the employer must assign a new Certificate of Sponsorship.
In essence, Tier 2 workers who want to undertake secondary work, need to go through the Tier 2 process for the second time.
Tier 2 Workers and Voluntary or Charity Work
Tier 2 workers can do voluntary or charity work in any sector.
They cannot, however, receive monies for this work. They can, however, receive payments for reasonable expenses, as per the National Minimum Wage Act.
Tier 2 Workers and Studying in the UK
You can undertake courses of study. There is no limit on the number of hours one can study or the level of the studies. The studies do not have to be with a Tier 4 sponsored educational institution.
It must however not affect your ability to do your Tier 2 job.
If you want more information on the relevant immigration terms and conditions of your Tier 2 employment, feel free to contact us.
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