United Kingdom – Key Updates on Skilled Worker Visa Guidance and Right to Work Checks
October 23, 2024
Skilled Worker Visa Updates
Recent updates to the sponsor and Home Office caseworker guidance for Skilled Worker visas include:
- Temporary entry clearance vignettes will now be issued for 30 days, rather than the three-month period allowed during COVID, returning to the previous policy.
- When a job’s responsibilities could fit multiple SOC codes, sponsors should select the SOC code that best represents the tasks the worker will primarily be performing.
- A clarification has been issued regarding supplementary employment: from April 4, 2024, Skilled Worker visa holders will be allowed to take on supplementary employment in any eligible occupation, regardless of when their visa was granted.
Right to Work Checks: Key Updates
With the recent updates to Home Office policies, now is an ideal time to review your right to work check processes. The guidance has been updated as follows:
- Supplementary employment must now be outside the worker’s contractual hours with their primary employer, rather than just outside of “normal working hours” as stated previously.
- Sponsors are now explicitly required to conduct right to work checks on all workers, including those who are self-employed or agency workers. All UK employers are encouraged to ensure these checks are conducted by their contractors and labor providers.
- A recent update in June confirmed that employers do not need to recheck individuals holding Pre-Settled Status under the EU Settlement Scheme, as long as their status was verified before employment began. This provides the employer with statutory protection for the duration of the employment.