Q&As

If an employee is engaged under an umbrella contract with an employer but has not conducted any work for them (ie not any actual engagement), is that considered working for the purposes of the immigration rules?

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Published by a UUÂãÁÄÖ±²¥ Immigration expert
Published on: 06 December 2024
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Where an employee is ‘engaged under an umbrella contract’ (ie they perform their duties on an assignment basis, but the contract of employment subsists during the gaps between those assignments) but has not conducted any work for them (ie not any actual engagement), this should not constitute work for the purposes of the Immigration Rules. See the explanation below. For ‘umbrella contracts’, see Practice Note: Employee status/Mutuality of obligation.

The Practice Note: Conditions of permission to enter or stay in the UK in the section ‘The scope of conditions of permission/Work or occupation restrictions’ states as follows:

‘The work or occupation restrictions can range from a prohibition on doing any kind of paid or unpaid work to more specific restrictions. Examples include permitting work only in certain

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