Working Over 20 Hours on a Skilled Worker Tier 2 Visa

The rules on working hours for sponsored employees in the UK are tightly defined. While the Tier 2 (General) visa has been replaced by the Skilled Worker visa, the underlying restrictions on secondary employment remain in force. Employers often face questions when sponsored staff request permission to take on extra work or additional hours, particularly in sectors with high demand or variable shift patterns.

Under current Home Office guidance, Skilled Worker visa holders can take on a limited amount of supplementary work in addition to their sponsored role. The limit of 20 hours per week outside their main job is one of the most common areas of confusion, and breaches can have serious implications for both the worker’s immigration status and the employer’s sponsor licence.

For employers, a lack of awareness of how the 20-hour rule applies or poor record-keeping can easily lead to unintentional breaches that invite Home Office scrutiny. This guide explains the rules on supplementary work under the Skilled Worker route, when additional hours are permitted, and what employers need to do to maintain compliance.

Section A: Skilled Worker Visa 20-Hour Rule

The 20-hour rule applies to Skilled Worker visa holders who wish to undertake supplementary employment in addition to the work they are sponsored to perform. The rule is designed to ensure that sponsored employment remains the individual’s primary role and that their visa is not used to take on unrelated or unauthorised work.

Supplementary work is defined by the Home Office as paid employment undertaken outside the contracted hours of the sponsored job. To qualify, it must fall within the same Standard Occupational Classification (SOC) code as the main sponsored role, or be in an occupation listed on the Immigration Salary List. The additional work must not exceed 20 hours per week and should be performed outside the hours recorded on the Certificate of Sponsorship (CoS).

If these conditions are met, no separate CoS or visa application is needed. However, if the supplementary role does not meet the criteria, or if the worker intends to exceed the 20-hour limit, the employer is required to assign a new CoS and the worker must apply for a new Skilled Worker visa covering the second role.

The Tier 2 system followed the same approach, and the rules have carried through almost unchanged under the Skilled Worker framework. For employers, the challenge often lies in identifying when a proposed second job or additional hours cross the threshold from permitted supplementary work into a situation that requires new sponsorship.

Section B: When Can Sponsored Workers Exceed 20 Hours?

A Skilled Worker visa holder can only work more than 20 hours outside their sponsored role if they obtain new sponsorship for that additional employment. This means the employer providing the second role must issue a separate CoS, and the worker must submit a fresh Skilled Worker visa application for that job before starting it. The 20-hour rule applies solely to supplementary employment. Once the hours exceed that limit, or the work falls outside the permitted categories, it becomes secondary employment that requires its own sponsorship.

In practice, exceeding 20 hours without a valid second visa is treated as a breach of visa conditions. For the employee, this can result in curtailment of their leave and potential refusal of future immigration applications. For the sponsoring employer, it can trigger compliance action, especially if the business was aware of the additional work but failed to take corrective steps or report it through the Sponsor Management System (SMS).

The rules allow for some flexibility where the worker moves to a different role within the same organisation, provided the new position remains eligible under the Skilled Worker route and a new CoS is issued. A change in duties that moves the worker into a different SOC code or occupation type cannot be covered under supplementary work. Employers are therefore required to assess each case carefully and, if necessary, sponsor the new role in full before allowing the worker to start it.

It is also important to note that the 20-hour limit applies to paid work. Voluntary or unpaid community roles may be undertaken outside normal working hours, provided they do not interfere with the main sponsored job or breach any employment contract terms. Employers should still confirm the nature of any outside activities to ensure they are genuinely unpaid and lawful under the immigration rules.

Section C: Employer Responsibilities and Compliance Risks

Employers licensed to sponsor Skilled Worker visa holders have a duty to ensure that any supplementary work undertaken by their sponsored employees is lawful and compliant with Home Office rules. These responsibilities extend beyond simply issuing a Certificate of Sponsorship. Sponsors are expected to monitor working patterns, maintain accurate employment records, and take corrective action if a worker’s additional activities risk breaching immigration conditions.

Under the Home Office’s Workers and Temporary Workers: Guidance for Sponsors – Part 3, employers are required to keep detailed evidence showing the hours worked, the role undertaken, and confirmation that any supplementary work remains within the 20-hour weekly limit. Records must be retained in line with Appendix D requirements, which include copies of employment contracts, payslips, and evidence of payment arrangements for both the main and supplementary employment.

If the sponsored worker intends to take on additional work with another employer, the primary sponsor is expected to ensure that the individual continues to meet all obligations of their sponsored role. Although there is no duty to report supplementary work via the SMS, sponsors are expected to identify and manage any risk of non-compliance. Where the worker exceeds the 20-hour limit or takes on unauthorised work, this should be reported to the Home Office within ten working days through the SMS.

Compliance visits remain one of the main enforcement tools used by the Home Office to verify sponsor obligations. During an audit, caseworkers often review timesheets and employment records to identify whether sponsored staff have been working outside their contracted hours or in different roles. A failure to manage supplementary employment correctly can lead to serious consequences, including suspension or revocation of the sponsor licence, downgrading from an A-rating to a B-rating, or refusal of future licence applications.

Employers should also be alert to the reputational and operational impact of non-compliance. A revoked licence prevents the organisation from employing sponsored workers and can disrupt ongoing projects and client relationships. Even inadvertent breaches caused by poor monitoring or record-keeping can lead to enforcement action, making consistent compliance oversight essential for any business employing Skilled Worker visa holders.

Section D: Practical Steps for Employers

Employers should have a clear internal process for handling requests from sponsored employees who want to take on supplementary work. Each request should be assessed carefully to ensure that any additional role fits within the limits of the Skilled Worker visa conditions. Written approval should be obtained before the work begins, with HR responsible for confirming that the arrangement remains compliant.

To qualify as lawful supplementary employment, the second role must either fall under the same SOC code as the sponsored position or be listed on the Immigration Salary List. It must not exceed 20 hours per week and should take place entirely outside the employee’s contracted working hours for their primary role. The purpose of these restrictions is to ensure that the individual’s main job remains their primary employment and that the visa is not used to undertake unrelated or unauthorised work.

If the proposed work falls outside these parameters, or the employee intends to exceed 20 hours, the second employer will need to issue a new Certificate of Sponsorship and the individual must apply for a separate Skilled Worker visa for that role. The main sponsor should be notified so that both employers can maintain accurate compliance records.

Internal coordination between HR, payroll and line managers is important to prevent breaches. Monitoring systems should identify any instances where total hours worked risk exceeding the permitted limit. This is particularly relevant in sectors such as healthcare and hospitality, where staff often work variable shifts or hold more than one job.

A clear approval process supported by accurate record-keeping demonstrates to the Home Office that the organisation is fulfilling its sponsor duties. During a compliance visit, evidence of considered decision-making and documentation of working hours carries significant weight and helps to protect the sponsor licence from enforcement action.

Section E: Consequences of Non-Compliance

Where a Skilled Worker visa holder breaches the 20-hour rule, the Home Office can take enforcement action against both the individual and their employer. For the sponsored worker, undertaking unauthorised work beyond the permitted 20 hours or outside the approved job type may lead to visa curtailment and a bar on future applications. The Home Office treats breaches of employment conditions as a serious matter, particularly where the additional work could suggest abuse of the sponsorship system.

For employers, the risks are often more severe. A compliance inspection may result in the suspension or revocation of the sponsor licence if the Home Office concludes that the organisation has failed to monitor or report unauthorised work. Licence revocation automatically invalidates the visas of all sponsored workers, forcing the employer to cease their employment and potentially disrupting business operations. Even if the breach involves only one employee, the Home Office can impose wide-ranging sanctions where it identifies systemic weaknesses in the employer’s monitoring and record-keeping procedures.

Civil penalties and reputational damage are additional concerns. A revoked or downgraded licence is recorded on the public Register of Licensed Sponsors, affecting the organisation’s ability to recruit or retain international talent. The business may also face delays in future sponsorship applications and closer scrutiny during subsequent compliance visits.

For the sponsored employee, exceeding permitted hours can also jeopardise future immigration applications, including extensions and Indefinite Leave to Remain. The Home Office reviews an applicant’s compliance history when assessing suitability, meaning even minor breaches can affect the credibility of later applications.

Given the potential impact on both parties, employers should maintain a zero-tolerance approach to unapproved additional work. Ensuring that all supplementary hours are authorised, documented, and within the 20-hour limit is the most effective way to safeguard compliance and avoid enforcement action.

Section F: Summary

The 20-hour supplementary work limit under the Skilled Worker visa is one of the most frequently misunderstood areas of sponsorship compliance. While the rule allows a degree of flexibility for sponsored employees, it is tightly constrained and demands active management from employers. Any breach, even if unintentional, can jeopardise both the worker’s visa and the employer’s sponsor licence.

Employers are expected to ensure that supplementary work meets all Home Office conditions and remains within the 20-hour limit. When those conditions are not met, new sponsorship is required before the employee can begin the additional role. Robust monitoring, accurate record-keeping and clear internal procedures are therefore essential to maintain compliance.

Section G: Need Assistance?

Our specialist UK immigration advisers support employers in managing sponsor duties, verifying compliance with the 20-hour rule and preparing for Home Office audits. To discuss your situation or to arrange advice on Skilled Worker visa compliance, contact our team of advisers.

Section H: FAQs

Can a Skilled Worker take a second job in a different SOC code?

Supplementary employment under a Skilled Worker visa is only allowed if the second job is in the same SOC code as the sponsored role or appears on the Immigration Salary List. Any other type of work requires a new Certificate of Sponsorship and visa application before the employee can start the additional job.

Can a sponsored worker exceed 20 hours if both jobs are for the same employer?

Not without a new visa. Even if both roles are within the same organisation, working more than 20 hours outside the sponsored job constitutes secondary employment. The employer would need to assign a new CoS and the worker would have to apply for a new Skilled Worker visa for the additional role.

Do unpaid roles count towards the 20-hour limit?

Unpaid voluntary work does not count towards the 20-hour limit, provided it is genuinely voluntary and does not amount to unpaid employment or replace a paid position. The role must not interfere with the worker’s primary sponsored duties or breach the conditions of their employment contract.

Can an employer refuse a request for supplementary work?

Employers are entitled to refuse permission for supplementary work where it conflicts with business needs, contractual obligations, or Home Office rules. It is good practice to document the refusal and the reasons for it to demonstrate compliance if queried by the Home Office.

How should employers record supplementary work for compliance purposes?

Employers should keep evidence of any requests for supplementary work, the approval process, and the monitoring of hours worked. This can include correspondence, signed declarations, timesheets, and payroll records. Retaining this evidence under Appendix D requirements helps demonstrate compliance during any Home Office audit.

Section I: Glossary

Section J: Additional Resources & Links