Skip to main content

Can a Sponsored Worker work after receiving a curtailment letter or sponsor licence revocation?

What do employers need to do when a sponsored worker has received a curtailment letter?

R
Written by Rona
Updated this week

What is a curtailment letter? 📬

A curtailment letter is a notification issued by the Home Office to a visa holder when their immigration situation has changed - for example, because their sponsor licence has been revoked, surrendered, or their sponsored employment has ended.

The letter:

  • Confirms that the worker’s visa will be shortened (curtailed)

  • Sets out a new expiry date for their permission

  • Explains what the worker can and cannot do during the curtailment period

Importantly, until the date stated on the curtailment letter, the worker’s immigration permission remains valid and they may continue working under the conditions of their existing Skilled Worker visa.

Can a Skilled Worker keep working after a curtailment letter? ✅

Yes.

If a Skilled Worker receives a curtailment letter, the Home Office allows them to continue working for their existing sponsor until the end date stated in the letter. During this period:

  • Their immigration permission remains valid

  • The conditions of their Skilled Worker visa stay the same

  • They can lawfully continue in their sponsored role until the curtailment end date

Can the worker work for another employer during this period? 🤔

Possibly - but only under the supplementary employment rules. Any work for another employer must be assessed carefully and must meet all supplementary employment requirements.

What is supplementary employment? 🕒

Supplementary employment is additional work alongside the worker’s sponsored role. A Skilled Worker can undertake supplementary employment only if all of the following apply:

✔ They continue working for their sponsor
✔ They receive their full contracted hours in their sponsored role
✔ The work is at the appropriate skill level
✔ The work is in a permitted occupation
✔ The work:

  • Does not exceed 20 hours per week

  • Takes place outside their sponsored working hours

If these conditions are met, the worker may lawfully undertake supplementary employment

What right to work checks are required? 🔎

Because the worker’s circumstances have changed (for example, sponsor licence revocation or curtailment), employers must:

➡️ Carry out an Employer Checking Service (ECS) check
➡️ Obtain a Positive Verification Notice (PVN)

⚠️ You must not start or continue employment until a PVN has been issued.

The PVN:

  • Confirms the worker’s current right to work

  • Protects you by establishing a statutory excuse against illegal working penalties

What evidence should employers request? 📑

To confirm supplementary employment is permitted, you should request evidence such as:

  • Confirmation that the worker is still employed by their sponsor

  • Their job description and occupation code

  • Their contractual working hours

This helps ensure:

  • The worker remains eligible for supplementary employment

  • The 20-hour weekly limit is not exceeded

  • There is no overlap with sponsored working hours

What if the worker’s circumstances change again? ⚠️

If you become aware that the worker:

  • Has stopped working for their sponsor

  • Has had a change to their contracted hours

  • Is working in breach of the supplementary employment rules

You must:

  • Request further information immediately

  • Take appropriate action, which may include:

    • Ending employment

    • Seeking guidance from the Home Office

❗ Continuing to employ a worker once you know they are in breach will mean you lose your statutory excuse

Key takeaways for employers 📝

  • A curtailment letter shortens a worker’s visa but does not end their right to work immediately

  • Supplementary employment is allowed only if strict conditions are met

  • An ECS check and Positive Verification Notice are mandatory

  • Employers must actively monitor any changes to the worker’s situation

Did this answer your question?