The Upper Tribunal has issued an important decision in Hridoy v Secretary of State for the Home Department (JR-2024-LON-002819), confirming that a Skilled Worker visa may be lawfully cancelled where supplementary employment overtakes the sponsored role.

Background to the Case

The claimant, a Skilled Worker visa holder, was found undertaking secondary employment alongside his sponsored role. While supplementary work of up to 20 hours per week is technically permitted under the Immigration Rules, the Home Office determined that the individual’s primary sponsored employment was no longer being actively maintained. As a result, the secondary work was deemed to have become his main source of income.

The Tribunal upheld the Home Office’s decision, ruling that:

Supplementary employment is only lawful where the primary sponsored role remains active, evidenced and remunerated.

If a visa holder ceases to perform or be paid by their sponsor, any additional employment—regardless of hours—may amount to a breach of visa conditions.

This judgment follows the same legal direction seen in Khan v SSHD, strengthening the Home Office’s position on strict enforcement of sponsorship compliance.

What Does This Mean for Skilled Worker Visa Holders?

This ruling serves as a clear warning that:

Visa holders must maintain clear records (HMRC, payslips, contracts) showing ongoing sponsored
employment.

Taking on additional work is only safe where the main sponsored role remains the primary source of employment.

Any lapse—even informal—may trigger visa curtailment or removal action.

Guidance for Employers and HR Compliance Teams

Employers holding a Sponsor Licence should implement internal monitoring to ensure sponsored staff:

Are actively working in their sponsored role;

Are not diverting to unauthorised employment;

Have regularly updated payroll and HR compliance records.

Failure to do so may expose both the worker and sponsoring company to enforcement risk.

Need Advice on Visa Curtailment or Sponsorship Compliance?

Lumine Solicitors provides strategic guidance to both migrant workers and employers facing compliance concerns, curtailment notices or judicial review challenges.

📞 For expert assistance, contact us on 020 3950 2246 or visit www.luminelaw.co.uk