Expansion of Permitted Supplementary Employment to Shortage Occupations (HC 760)

Policy effect

Broadens the definition of supplementary employment under paragraph 6 of the Immigration Rules to permit employment in any job listed on the Shortage Occupation List (Appendix K), in addition to jobs in the same profession and professional level.

Conditions and exceptions

Applies where migrants undertake supplementary employment; secondary jobs must either be in the same profession and level or appear on the Shortage Occupation List in Appendix K.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Implementation All changes other than the exceptions set out below take effect on 13 December 2012. The changes in paragraphs 2, 10 to 17, 19, 21 to 25, 27 to 34, 36 to 43, 45 to 48, 50 to 56, 58 to 65, 67 to 74, 76 to 82, 84 to 86, 88 to 91, 93 to 97, 99 to 101, 103 to 105, 107 to 111, 113 to 114, 116, 121, 123 to 125, 127 to 128, 130 to 138, 147 to 149, 152, 154 to 155, 171, 172, 173, 174, 179, 180, 181, 182, 186, 187, 189, 190, 191, 192, 194 to 195, 197 to 198, 238 to 239, 248 to 249, 251 to 252, 254 to 258, 285 to 286, 288 to 301 and 303 to 304, 327, 328, 335 and 336 set out in this Statement shall apply to all applications decided on or after that date. This Statement of Changes can be viewed at http://www.ind.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/ The changes in paragraph 316 to 326 and 442 set out in this Statement shall take effect on 1 January 2013. In respect of these changes, if an applicant has made an application for leave before 1 January 2013 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 31 December 2012. The changes set out in paragraph 334 shall take effect from 28 February 2013. In respect of these changes, if an applicant has made an application for leave before 28 February 2013 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 27 February 2013. In respect of the other changes set out in this Statement, if an applicant has made an application for entry clearance or leave before 13 December 2012 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012. Review Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by these changes. The Secretary of State will set out the conclusions of the review in a report and publish the report. The report must in particular: (a) consider each of the Relevant Rules and whether or not each Relevant Rule achieves its objectives and is still appropriate; and (b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. “Review period” means: (a) the period of five years beginning on 6 April 2012, and (b) subject to the paragraph below, each successive period of five years. If a report under this provision is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published. “Relevant Rule” means an immigration rule which imposes a net burden (or cost) on business or civil society organisations. Changes 1. In paragraph 6, after the definition of “foundation degree”, insert: ““primary degree” means a qualification obtained from a course of degree level study, which did not feature as an entry requirement a previous qualification obtained from degree level study. An undergraduate degree is a primary degree. A Masters degree that has a Bachelor degree as an entry requirement is not a primary degree.” 2. In paragraph 6, delete “ under Part 6A of these Rules, “lawfully” means with valid leave”. 3. In paragraph 6, in the definition of “supplementary employment”, delete “other employment in the same profession and at the same professional level” and substitute “other employment in a job which appears on the Shortage Occupation List in Appendix K, or in the same profession and at the same professional level”.

Review method

Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate

Other United Kingdom changes operative in 2012

• 2012-02-29The Immigration (Biometric Registration) (Amendment) Regulations 2012
• 2012-04-06Permitted paid engagements: one-month visitor route introduced
• 2012-11-08The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012
• 2012-12-13Lowering of Tier 1 (Entrepreneur) English Language Requirement to B1 (HC 760)
• 2012-12-31Expansion of Pre-Entry Tuberculosis Screening to Additional Countries and Clinics