Tier 2 workers are often unsure about the immigration terms of their employment. Many of these Tier 2 workers want to undertake additional or charity work, or study further but are not sure whether doing this is in line with their visa terms.
Can Tier 2 workers undertake supplementary work?
Tier 2 migrants may in certain circumstances undertake work other than that stipulated in their Certificate of Sponsorship. This is supplementary employment. The conditions for undertaking this supplementary employment are;
- The job must be on the shortage occupation list; OR
- The job must be in the same sector and at the same professional level as the work per the sponsorship certificate.
- It may not be for longer than 20 hours per week; and
- It is outside the normal working hours for the job for which the sponsorship certificate was issued.
If the Tier 2 worker is able to meet the above requirements re the supplementary employment, the migrant does not need to advise the Home Office.
Can Tier 2 workers undertake secondary work?
In cases where a Tier 2 worker wants to take up a second or additional job, there are some strict requirements.
Secondary work is work that does not fulfil the requirements for supplementary work. It is, for example, longer than 20 hours per week, and not in the same profession as the job specified in the Certificate of Sponsorship.
Secondary work must be with a licensed employer. The migrant must also be able to meet the criteria relevant to the category for the secondary work. The employee must be recruited in line with the Tier 2 rules. The employer must assign a new Certificate of Sponsorship.
Tier 2 workers who want to undertake secondary work, thus basically need to go through the Tier 2 process for the second time.
Can Tier 2 workers undertake voluntary work?
Tier 2 workers may undertake voluntary work in any sector. The worker, however, cannot receive monies for the work.
The worker can, however, receive payments for reasonable expenses, as per the National Minimum Wage Act.
Can Tier 2 workers undertake studies in the UK?
Tier 2 workers can undertake courses of study.
There is, fortunately, no limit on the number of hours one can study or the level of the studies. The Home Office does, however, stipulate that they expect the studies not to affect the ability of the Tier 2 worker to carry out their Tier 2 job.
The studies also do not have to be with a Tier 4 sponsored educational institution.
Breytenbachs Immigration Consultants have a dedicated Tier 2 department. If you have any further specific questions on the Tier 2 Skilled worker route, please feel free to contact us.
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