What should we check before giving extra shifts to a Student or Skilled Worker?

Before giving extra shifts to a Student or someone sponsored elsewhere, complete a current right-to-work check and read the work conditions attached to their permission. Record their immigration route, permitted hours, term dates where relevant, main sponsored role and other employment. Do not assume that every person may work an additional 20 hours.

Start with a current right-to-work check

Confirm the person's identity and work conditions using the prescribed right-to-work process. Keep the evidence and record the date of the check. If the permission is time limited, set the follow-up date.

The wording on the check matters. Record restrictions exactly rather than translating every condition into a standard 20-hour allowance.

Apply the Student conditions

Immigration Rules Appendix Student, paragraph ST 26.1 sets the work conditions by type of study. A Student on a qualifying full-time degree-level course may work 20 hours per week during term time. A qualifying full-time course below degree level may permit 10 hours. Other study can carry no employment permission.

Obtain reliable term dates from the education provider where the condition depends on term time. Ask the worker to declare other employment and update the declaration if it changes. The weekly limit applies to the permission, not separately to each employer.

Apply the Skilled Worker additional-work rules

The current GOV.UK section Taking on additional work says a Skilled Worker may work up to 20 hours a week in another job or their own business while continuing the sponsored job, provided the additional work meets one of the listed occupation conditions.

The page also explains when medium-skilled additional work is permitted under the transitional condition and that work above 20 hours requires an application to update permission with sponsorship for both jobs.

Do not rely on the old general statement that every second job must simply be outside the main job's contracted hours. The current rule must be checked against the worker's permission and proposed role.

Record the facts needed for a decision

For a Student, record course level, sponsor type, term dates, permitted weekly hours and other work. For a Skilled Worker, record the main sponsored role, proposed additional role, occupation code, weekly hours and the condition that makes the work eligible.

Ask the worker to confirm the information in writing. Explain that they must tell you if their course, term dates, main job, permission or other hours change.

Make rota controls route-specific

The rota should not use one generic part-time limit. It should hold the person's actual restriction and count relevant hours across the week. Flag a shift that would exceed the recorded limit or where the required information is missing.

A rota warning is not a legal decision. A responsible person should check the source evidence and record whether the shift can be offered.

Escalate uncertainty before work starts

If the work condition, term-time position, occupation eligibility or other employment cannot be established, do not allocate the shift until the position is clarified. Keep the question, evidence obtained and decision.

This article provides general information, not legal advice.

Related questions

Can every Student work 20 hours a week?

No. Appendix Student ST 26.1 varies the condition by course and sponsor type. Some Students are limited to 10 hours during term time, and some have no permission to work.

Is the Student limit 20 hours with each employer?

No. The condition limits the Student's permitted work during the week. Ask about other employment and record the total position before allocating shifts.

Can a Skilled Worker take a second care job for 20 hours?

Only if the proposed work meets a condition on the current GOV.UK additional-work page and the worker remains in the sponsored job. Check the occupation and transitional rules.

Can a Skilled Worker take more than 20 additional hours?

The current GOV.UK page says the worker must apply to update their visa and obtain a new CoS from the second employer if the additional work exceeds 20 hours a week.

What should the rota record?

Record the person's route, work restriction, term dates where relevant, declared other work, permitted weekly hours and the evidence supporting the decision.