SUPPLEMENTARY EMPLOYMENT
570. Tier 2 and Tier 5 migrants are allowed to undertake other work which is supplementary to that for which their CoS was assigned. The only exception to this for private servants sponsored under Tier 5 (International Agreement) who are not allowed to take supplementary employment.
571. This supplementary employment does not have to meet the resident labour market test requirements and the employer does not have to be a licensed sponsor. Supplementary employment must:
a) be in the same profession and at the same professional level as the work for which the CoS was assigned; or
b) be a job which is on the list of shortage occupations published on our website at
http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf (if the occupation concerned is removed from the list of shortage occupations, the migrant must cease that employment); and
c) be no more than 20 hours a week; and
d) be outside of normal working hours for which the CoS was assigned.
572. Migrants do not need to advise us of any supplementary employment they undertake, as long as it meets the above stated criteria.
573. A migrant should advise their new employer that the employment is supplementary employment so that they can make the necessary checks in accordance with the recommendations we make in our guidance for employers on illegal working. That guidance is available on our website at
http://www.ukba.homeoffice.gov.uk/sitec ... galworking
SECONDARY EMPLOYMENT
574. Once a Tier 2 migrant has used their CoS to gain leave to enter, or remain in the UK, and has started work for you, they are allowed to take other employment which does not meet the supplementary employment criteria.
575. Any secondary employment must be with a licensed sponsor and the migrant must be able to meet the criteria relevant to the category in which their secondary employment falls. The secondary employer must have recruited them in accordance with this guidance and any relevant code of practice. The secondary employer must then assign a new CoS to the migrant so that they can submit a fresh application to vary their existing leave. (Please note that a second CoS cannot be assigned until the migrant has used their first one.)