Watchtower/Law library/Right to work checks: an employer's guide/Supplementary Employment
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Right to work checks: an employer's guide · Supplementary Employment

Supplementary Employment

employer s guide to right to work checks 1 october 2026 chunk 123 · in force: unknown

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Supplementary Employment

As per the Skilled Worker guidance, a Skilled Worker can undertake supplementary employment if the supplementary employment is in:
• The same profession and at the same professional level as the job for which they are being sponsored.
• An occupation listed in Tables 1, 2 or 3 (RQF 6 occupations) of Appendix Skilled Occupations; or
• A role on the Immigration Salary List. The above applies where they were first granted permission as a Skilled Worker under the Immigration Rules in place from 22 July 2025.
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For individuals first granted permission as a Skilled Worker under the Immigration Rules in place before 22 July 2025, they can also work in an occupation listed in Tables 1a, 2aa or 3a of Appendix Skilled Occupations. This includes individuals who have since been granted further permission under the post-22 July 2025 Immigration Rules, provided they have had continuous permission as a skilled worker under the rules in place before 22 July 2025 (RQF 3-5 occupations).
Workers on the following sponsored routes can only undertake supplementary employment that appears in Appendix Immigration Salary List or is in the same profession and at the same professional level as the job for which the certificate of sponsorship (CoS) was assigned:
• Global Business Mobility: Senior or Specialist Worker (applicants granted under the rules before 11 April 2022 who have had continuous permission in that route only)
• T2 Minister of Religion
• International Sportsperson
• Creative Worker
• Religious Worker
• International Agreement
• Government Authorised Exchanges
Unless an exception applies in the Sponsorship guidance, the supplementary employment will only be permitted if the sponsored worker continues to work for their sponsor.
In any case, where an employer is offering supplementary employment to an eligible sponsored worker, the supplementary employment must not:
• exceed 20 hours per week in total (whether for one or multiple employers)
• take place during the contracted hours for their sponsored employment
In order to obtain a statutory excuse against a civil penalty, employers are required to confirm that the worker has the right to work in the UK and is allowed to carry out the work in question. When carrying out the check, the employer will need to ensure that the supplementary employment meets the above requirements by, for example, asking the worker to provide a letter or other evidence from the sponsor confirming: • they’re working for their sponsor.
| • the job description and occupation code of their sponsored employment (for | | --- | | routes other than Skilled Worker whose supplementary employment is not in | | the Immigration Salary List). |
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• their contractual working hours.
Employers will not have a statutory excuse if, during the course of employment, they become aware that a sponsored worker is working in breach and they continue to employ them in spite of that knowledge.
If, at any point during the course of employment, an employer believes that the sponsored worker may have ceased working for their sponsor, or that their contractual hours have changed, they should request further information to confirm whether they are still eligible to carry out the supplementary employment.
If an employer identifies that the sponsored worker is working in breach, they are required to take the appropriate action. This may include contacting the Home Office for support and/or taking steps to terminate employment.
For further information on supplementary employment, see Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk) section S8 of Part 2 of the sponsor guidance (sponsor a worker).
Full captured verbatim text
As per the Skilled Worker guidance, a Skilled Worker can undertake supplementary
employment if the supplementary employment is in:

• The same profession and at the same professional level as the job for which
they are being sponsored.

• An occupation listed in Tables 1, 2 or 3 (RQF 6 occupations) of Appendix
Skilled Occupations; or

• A role on the Immigration Salary List.
The above applies where they were first granted permission as a Skilled Worker under
the Immigration Rules in place from 22 July 2025.

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For individuals first granted permission as a Skilled Worker under the Immigration
Rules in place before 22 July 2025, they can also work in an occupation listed in Tables
1a, 2aa or 3a of Appendix Skilled Occupations. This includes individuals who have
since been granted further permission under the post-22 July 2025 Immigration Rules,
provided they have had continuous permission as a skilled worker under the rules in
place before 22 July 2025 (RQF 3-5 occupations).

Workers on the following sponsored routes can only undertake supplementary
employment that appears in Appendix Immigration Salary List or is in the same
profession and at the same professional level as the job for which the certificate of
sponsorship (CoS) was assigned:

• Global Business Mobility: Senior or Specialist Worker (applicants granted under
the rules before 11 April 2022 who have had continuous permission in that route
only)

• T2 Minister of Religion

• International Sportsperson

• Creative Worker

• Religious Worker

• International Agreement

• Government Authorised Exchanges

Unless an exception applies in the Sponsorship guidance, the supplementary
employment will only be permitted if the sponsored worker continues to work for their
sponsor.

In any case, where an employer is offering supplementary employment to an eligible
sponsored worker, the supplementary employment must not:

• exceed 20 hours per week in total (whether for one or multiple employers)

• take place during the contracted hours for their sponsored employment

In order to obtain a statutory excuse against a civil penalty, employers are required to
confirm that the worker has the right to work in the UK and is allowed to carry out the
work in question. When carrying out the check, the employer will need to ensure that
the supplementary employment meets the above requirements by, for example, asking
the worker to provide a letter or other evidence from the sponsor confirming:
• they’re working for their sponsor.

| • the job description and occupation code of their sponsored employment (for |
| --- |
| routes other than Skilled Worker whose supplementary employment is not in |
| the Immigration Salary List). |

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• their contractual working hours.

Employers will not have a statutory excuse if, during the course of employment, they
become aware that a sponsored worker is working in breach and they continue to
employ them in spite of that knowledge.

If, at any point during the course of employment, an employer believes that the
sponsored worker may have ceased working for their sponsor, or that their contractual
hours have changed, they should request further information to confirm whether they
are still eligible to carry out the supplementary employment.

If an employer identifies that the sponsored worker is working in breach, they are
required to take the appropriate action. This may include contacting the Home Office
for support and/or taking steps to terminate employment.

For further information on supplementary employment, see Sponsor a worker: sponsor
guidance part 2 - GOV.UK (www.gov.uk) section S8 of Part 2 of the sponsor guidance
(sponsor a worker).

What this provision means

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Employers must verify supplementary employment eligibility and limit hours to obtain and maintain a statutory excuse.

Unless an exception applies in the Sponsorship guidance, the supplementary employment will only be permitted if the sponsored worker continues to work for their sponsor.
• take place during the contracted hours for their sponsored employment
In order to obtain a statutory excuse against a civil penalty, employers are required to confirm that the worker has the right to work in the UK and is allowed to carry out the work in question. When carrying out the check, the employer will need to ensure that the supplementary employment meets the above requirements by, for example, asking the worker to provide a letter or other evidence from the sponsor confirming: • they’re working for their sponsor.
To obtain a statutory excuse against a civil penalty, employers offering supplementary employment to eligible sponsored workers must confirm the worker has the right to work and is allowed to carry out the work. The supplementary employment must not exceed 20 hours per week in total or take place during contracted hours for sponsored employment. Eligible roles depend on route conditions, such as matching profession/level, RQF table listing, or the Immigration Salary List. Employers lose the statutory excuse if they employ a worker knowing they work in breach, and must take action if breach is identified.
checks.right_to_workevidence.audit_trail

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synthesis coverage: missing/unverified L2 factors-the-home-office-may-consider

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synthesis coverage: missing/unverified L2 1-contractual-terms-and-conditions-written-statement

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synthesis coverage: missing/unverified L2 evidence-that-may-be-provided

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synthesis coverage: missing/unverified L2 3-identity-verification

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synthesis coverage: missing/unverified L2 4-when-are-follow-up-checks

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synthesis coverage: missing/unverified L2 required

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synthesis coverage: missing/unverified L2 closure-notices-and-compliance-orders

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synthesis coverage: missing/unverified L2 preventing-illegal-working-in-licensed-sectors

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synthesis coverage: missing/unverified L2 reporting-illegal-working

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synthesis coverage: missing/unverified L2 home-office-training

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synthesis coverage: missing/unverified L2 notification-of-updates-to-the-right-to-work-scheme

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synthesis coverage: missing/unverified L2 support-for-workers

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synthesis coverage: missing/unverified L2 7-annex-a-lists-of-acceptable

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-7-annex-a-lists-of-acceptable

synthesis coverage: missing/unverified L2 documents-for-manual-right-to-work

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-documents-for-manual-right-to-work

synthesis coverage: missing/unverified L2 list-a-acceptable-documents-to-establish-a-continuous

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-a-acceptable-documents-to-establish-a-continuous

synthesis coverage: missing/unverified L2 statutory-excuse

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synthesis coverage: missing/unverified L2 list-b-group-1-acceptable-documents-where-a-time-limited

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-b-group-1-acceptable-documents-where-a-time-limited

synthesis coverage: missing/unverified L2 statutory-excuse-lasts-until-the-expiry-date-of-leave-to-enter-or

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-statutory-excuse-lasts-until-the-expiry-date-of-leave-to-enter-or

synthesis coverage: missing/unverified L2 remain

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synthesis coverage: missing/unverified L2 list-b-group-2-acceptable-where-a-time-limited-statutory

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synthesis coverage: missing/unverified L2 excuse-lasts-for-six-months

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synthesis coverage: missing/unverified L2 categories-of-workers

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synthesis coverage: missing/unverified L2 sponsored-work-routes

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synthesis coverage: missing/unverified L2 supplementary-employment

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synthesis coverage: missing/unverified L2 students

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synthesis coverage: missing/unverified L2 volunteering-voluntary-work-and-voluntary-fieldwork

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synthesis coverage: missing/unverified L2 9-annex-c-questions-and-answers

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synthesis coverage: missing/unverified L2 verification-services

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synthesis coverage: missing/unverified L2 governance-validation-and-organisational-responsibility

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synthesis coverage: missing/unverified L2 enforcement

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synthesis coverage: missing/unverified L2 written-statements-contractual-terms-evidence-and-assurance

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synthesis coverage: missing/unverified L2 substitution

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Instrument tier unavailable

Change history as published

Final employer RTW guidance added for 1 October, · 2026-10-01T08:30:15Z

Updated DRAFT: Employer’s guide to right to work checks. · 2026-09-11T11:06:55Z

The guidance has been updated. · 2026-07-16T13:45:35Z

Updated Welsh version of guidance. · 2025-07-31T16:20:26Z

An accessible version of the guidance has been added. · 2025-07-10T12:10:44Z

This guide has been updated throughout. The most significant updates are a simplification of the content, a revision of terminology and further clarification that expired physical Biometric Residence Permits (BRPs) are not acceptable proof of right to work. · 2025-06-26T09:27:22Z

Updated the employers' guide to right to work checks. A full list of changes can be found in the guidance. · 2025-02-12T12:58:39Z

Added Welsh version of guidance. · 2024-12-23T16:21:21Z

Added an accessible version. · 2024-11-13T15:28:00Z

Employer's guide to right to work checks has been updated. · 2024-09-23T11:39:40Z

An accessible version of this guidance has been added. · 2024-07-02T08:34:56Z

This guidance has been updated throughout. A full list of changes is on page 7. · 2024-06-21T08:30:03Z

Accessible version updated. · 2024-02-09T09:18:10Z

Guidance updated, changes are detailed on page 6. · 2024-02-08T16:18:08Z

Guidance updated, changes include removing the requirement for employers to verify a digital Certificate of Application (CoA) with the Home Office Employer Checking Service (ECS) when conducting a right to work online check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021. Also the removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members which are no longer in use. · 2023-10-18T16:39:14Z

The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19 ended on 30 September 2022. · 2023-03-28T09:05:48Z

Updated to the latest version of the guidance. · 2023-02-28T16:47:10Z

Updated information for employers carrying out right to work checks from 1 October. · 2022-09-27T13:26:25Z

Added accessible version of employer's guide to right to work checks: 6 April 2022 and Ukrainian nationals and right to work checks. · 2022-04-27T09:46:34Z

New Ukrainian nationals and right to work checks guide added. · 2022-04-12T16:00:06Z

Added new version of right to work checks: an employer's guide, which came into force on 6 April 2022. A summary of the changes can be found in the guide. · 2022-04-06T13:20:57Z

Added draft version of guidance which will come into force on 6 April 2022. · 2022-03-11T16:20:10Z

Added web version of the employer's guide. · 2022-02-15T08:09:53Z

Update on the use of BRP/Cs to prove right to work. Guidance for employers and Identity Service Providers (IDSPs) regarding the use of digital identity verification. · 2022-01-17T16:20:42Z

Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders. · 2021-12-17T10:18:18Z

Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary adjusted right to work checking process. · 2021-08-31T12:07:50Z

Guidance updated with changes to the acceptable document list. Amendments also made to the section on ‘Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021’ and ‘EEA citizens without lawful immigration status after 30 June’. · 2021-07-02T15:42:07Z

Guidance updated with changes to the way EEA citizens evidence their right to work. · 2021-06-18T14:13:30Z

Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2021-03-17T00:15:02Z

Updated guidance includes information on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2020-12-21T11:41:36Z

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process. · 2020-04-06T11:50:05Z

Updated to add 28 January 2019 edition · 2019-01-28T09:02:15Z

Attached updated guidance. · 2018-06-29T10:23:57Z

Updated guidance. · 2017-08-16T15:00:22Z

Updated guidance. · 2016-07-12T10:11:57Z

Updated guidance on right to work checks. · 2015-05-12T15:50:18Z

Updated guide · 2014-12-22T16:13:05Z

Updated right to work document · 2014-12-17T00:00:01Z

added link to new online employer checking service form · 2014-11-24T16:08:21Z

Updated guidance, 28/07/2014. · 2014-07-29T15:55:07Z

First published. · 2014-05-15T23:00:00Z

Pending effects amendments not yet applied to this text

No captured pending effects.

Provenance

Every claim the system makes about this text is traceable to these identifiers.

Instrument
uk:govuk/right-to-work-employers-guide
Part
Supplementary Employment
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 84bd417aa5e169a3f60a3617…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide