Q&As

Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for another employer)? If so, is the sponsor required to report this change in employment via the sponsor management system?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 24/01/2020

The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • Can a Tier 2 sponsor reduce a sponsored migrant’s number of weekly hours in order for them to be able to undertake supplementary employment (for another employer)? If so, is the sponsor required to report this change in employment via the sponsor management system?

When a Tier 2 sponsor issues a certificate of sponsorship (CoS) to a sponsored migrant, certain conditions of employment are confirmed when the CoS is assigned. This includes specifics such as the job title and duties, but also extends to the hours of work a migrant will complete per week and their salary.

The conditions for leave in Tier 2 categories include:

  1. working for the sponsor in the employment that the CoS records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in Immigration Rules, Part 9, para 323AA, and

  2. supplementary employment

Certain ‘prohibited’ changes to a Tier 2 migrant’s employment may require a fresh application for leave which is commonly referred to as a change of employment application. See Practice Note: Tier 2 (General) and (Intra-Company Transfer): changes of employment. These prohibited changes are found in Immigration Rules, Part 9, para 323AA. Reducing weekly working hours, in itself, is not a prohibited change.

Where hours are reduced, the gross annual salary would need to be reduced on a pro rata basis, so that the relevant appropriate salary rate is still met (Immigration Rules, Part 9, para 323AA(g)(ii)). However, as per Immigration Rules, Part 9, para 323AA(g)(i), any reduction must not also take the gross annual salary below ‘…any

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