Recording of primary sponsorship now live in ESR
Over the weekend updates were made to the ESR system which allow employers to report and monitor individuals who should be working limited hours under legislation as a consequence of their primary sponsorship being elsewhere.
These changes are now available as an additional field within ESR.
Recent changes to immigration rules now require employers of those on Skilled Worker Visas (including Health and Care Visas), that do additional work outside their sponsored employment, to take steps to ensure that the additional work meets the conditions of supplementary employment.
Impact on employers
Although this change applies to all employers, it will be of particular interest for NHS employers operating bank arrangements, as they are most likely to be engaging staff in work that qualifies as supplementary employment.
Where holders of Skilled Worker Visas (including Health and Care Visas) are recruited to do additional work outside their sponsored employment, employers must now take steps to ensure that the additional work meets the conditions of supplementary employment.
Previous versions of the guidance allowed employers to rely solely on confirmation in a Home Office online check to establish a statutory excuse. The new guidance (section 8. Annex B: Employment of specific categories of workers) now requires employers to establish a statutory excuse by:
- checking that the worker still works for their sponsor in their sponsored role – the guidance recommends that employers do this by obtaining a letter from the worker’s sponsor
- confirming that the work type the worker plans to do with the employer is either in the same occupation code or a shortage occupation code as their sponsored role
- confirming with the worker that they will not be doing more than 20 hours a week in total of supplementary employment, either with the employer or elsewhere.
