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Make Care Matter / Sponsored Migrants – know your rights

Welcome to the UK and working in the Care Sector

A very warm welcome to the UK. The UK is a country with a diverse and multi-ethnic population, and we value the skills and experience that people bring to our country. People from all over the world have made this country their place of work and their home and we thank you for choosing to relocate here.

Thank you also for choosing to work in the Care Sector, enabling people to live happy, healthy and independent lives is a career that makes a difference to people and their families lives every day and in our local communities. The work you do is vital and rewarding with a responsibility to safeguard people.

We hope that everyone has a great experience of relocating to the UK but it can be complex getting to know a new country, working life and new laws to work within.

This guide is designed to help you know what your rights are, and signposts helpful information where you can go to gain more advice and support.

This guide will help you if you have problems with your job, your employer, accommodation or pay.

In addition to this help on this page, you might find it useful to read: Guidance-For-International-Workers-in-the-Care-Sector.pdf (justiceandcare.org)

Working in the UK; know your rights

Your rights as a worker are protected by UK law.

Some rights apply as soon as you get a job, others depend on how long you work.

What you should expect from your employer is detailed on this website: Workers' rights - Employment rights - GLAA . These are your legal rights.

Working in the UK via Employer Sponsorship, know your rights

If you have relocated to the UK as a sponsored employee, your employer has things they must do, these are your employer’s responsibilities;

The below list includes the most important responsibilities they have as your sponsor;.

  • They should check you have the necessary skills, qualifications or accreditations to do your job.
  • They should provide you with a valid certificate of sponsorship and keep this updated with any relevant changes
  • They should inform Visas and Immigration (UKVI) if you are not complying with the conditions of your visa
  • They should keep copies of relevant documents, including proof of right to work checks.
  • They should pay you for the work that you do and provide you with a payslip (a record of your pay)
  • They are liable for any applicable Immigration Skills Charge and cannot pass this cost not you

For a full list of all the employers responsibilities please see UK visa sponsorship for employers: Your responsibilities - GOV.UK (www.gov.uk)

Your responsibilities whilst being sponsored

You may be on a skilled worker visa or a health and care worker visa. Each of these have responsibilities that you must do. Your responsibilities depend on the Visa you have and include what you can and can’t do whilst working in the UK on a sponsored visa.  If you do not comply with this you could risk your visa being revoked (removed). 

Skilled Worker Visa – Skilled Worker visa: Overview - GOV.UK (www.gov.uk)

Health and Care Worker Visa - Health and Care Worker visa: Overview - GOV.UK (www.gov.uk)

Care worker recruitment requirement- support for displaced workers

From the 9th April 2025, the government introduced new requirements for employers when sponsoring care workers / senior care workers.  Employers were only able to sponsor new care workers where there are no existing displaced care workers available to fill the vacancy. This is referred to as the Care Worker Recruitment Requirement.  Under further changes introduced from the 22 July 2025, this is no longer a requirement and only applies to Certificates of Sponsorships issued between 9th April 2025- 21st July 2025.

Further changes effective from the 22 July 2025

  • Closure of the health and care worker visas to new applications from abroad for care workers. For a transition period until 2028, visa extensions and in-country switching for those already in the country with working rights will be permitted but kept under review.
  • Increased salary thresholds (this has not impacted on rates specific to care workers / senior care workers).

You may see this referred to as the Care Worker Immigration Status requirement. If you already have a Skilled Worker, health and care visa as a Care Worker or Senior Care Worker, provided you continue to have a sponsor, you are able to:

  • Extend your visa with your current employer
  • Change jobs within the sector and then apply for a new visa
  • Change from care worker to senior care worker if promoted

You need to have had this permission continuously since it was last granted.  You may be asked by your new sponsor to provide documents to help evidence you already have a health and care worker visa.  This could include your current Certificate of Sponsorship and current right to work permissions.

If you have right to work in the UK under a different visa type, you may apply for a Skilled Worker, health and care visa if:

  • You have legally worked for the employer who is applying to sponsor you, in a Care Worker or Senior Care Worker role, for at least 3 months prior to the sponsorship being applied for.
  • This includes visa types such as dependents, as well as students and graduate visa holders

If you already hold a Skilled Worker, health and care visa and are changing jobs to work for the new sponsor, there is no requirement to have worked for the 3 continuous month period.  This would be classed as a Change in Employment.  

From 23rd July 2028, no new entrants to Health and Care worker visa from other visas will be permitted.  Visa holders already in the care sector before that date, will continue to be able to extend their visa and change employers to a new sponsor. 

These requirements are still subject to Government review.

Further reforms

There are other changes being introduced as part of these reforms, some of which are listed below:

  • Increased language requirements
  • Introduction of a new English language requirement for all adult dependants of workers and students
  • Introduction of requirements to demonstrate language progression for any visa extension
  • Increasing the standard qualifying period for settlement from 5 years to ten years.

Dates of the changes and full detail have not yet been released however we acknowledge these announcements will likely bring a level of worry and uncertainty for employers and workers.  Please do not panic, these changes are not immediate and there continues to be a significant need for care workers.

Key messages - what does this mean for you?

  • If you are currently being sponsored as a Care Worker and you believe that you and your employer are meeting the minimum sponsorship requirements, there should be no immediate change and there is an opportunity to extend and or switch visa routes until July 2028.
  • Providing you are in the route by 22nd July 2028, you will be able to continue to extend your visa and change employer past this date.
  • If you are currently being sponsored as a Care Worker but your employer’s licence has been revoked or you believe that the employer is not meeting their current sponsorship requirements; you are strongly advised to seek and gain new sponsored work to secure the ability to work in the UK.
  • Part of your current sponsorship requirements is the ability for you to meet the minimum English language requirements. The ability to meet English languages requirement will remain, maybe increased and may become a feature of sponsorship extensions. If your English language ability is not advanced, we recommend that you seek to develop this to ensure that you meet these requirements into the future.
  • Many of the roles in the care sector require you to travel within communities and owing to limited public transport and the need to provide care 24/7, the requirement to have the legal ability to drive in the UK is directly linked to your employability prospects in the sector. You are encouraged to ensure that you secure the ability to drive in the UK and have independent methods of transport.
  • If you believe that you are being exploited, for example you are not receiving the hours or wage that you were promised, that you are having excessive deductions from wages or being charged for your employer’s recruitment/sponsorship costs, you are strongly encouraged to report this. Seek help and support and prioritise finding new sponsored employment.

Working Additional Hours

If you work overtime in the job you’re being sponsored for, you do not need to update your visa.  There’s no limit to how many hours of overtime you can do in the job you’re sponsored to do however this should still be in line with the Working Time Directive referenced above.

There are specific circumstances where you can also work up to 20 hours a week in another job or for your own business, as long as you’re still doing the job you’re being sponsored for and that in doing so the work does not impact on your core sponsored job. You should make your employer who is sponsoring you aware that you are doing additional work before hand; you will need to ensure it does not conflict your sponsored work in any way.

If you undertake supplementary employment with more than one employer, it cannot exceed 20hrs in total.  It is not 20 hrs per employer.  Any hours worked, including time spent asleep, are considered as working hours and therefore will count towards the 20 hours supplementary work limit. The pay during the time asleep must be paid at least in line with UK law.

Your work must be one of the following:

  • In the same profession and at the same professional level as the work for which your CoS was issued
  • A job which is listed in the Appendix Immigration Salary List -if the job is later removed from the list, you must finish that employment
  • For Skilled Workers only, a job which is in an eligible occupation code listed in Table 1, 2 or 3 of Appendix Skilled Occupations
  • For Skilled Workers who were last granted permissions under the immigration rules before the 22 July 2025, and held continuous permissions since then, a job which is in an eligible occupation code listed in Table 1a, 2aa or 3a of Appendix Skilled Occupation.

Check if your job is on the list of:

If you are unsure whether you can do the supplementary work, have a chat with your current sponsor and ask them to work through this with you.

You can also do unpaid voluntary work.

If you are doing additional work, you must be mindful of the working time directive, and your own health, safety and wellbeing.

If you’ll be doing more than 20 hours a week in another job or working in a different occupation code

You’ll need to apply to update your visa so that you’re being sponsored to do both jobs.

You’ll need to:

  • get a new certificate of sponsorship from your second employer
  • include a letter with your application explaining that you want to change your current permission to stay

This must be done PRIOR to you commencing the secondary, additional sponsored work. If you are remaining with your original sponsored employer, inform them in advance of seeking secondary work to ensure that it does not affect your primary sponsorship or breach any conflict rules.

Please be patient with this as sponsorship can be complex owing to background systems.

Your Pay and Deductions

Your employer must pay you for the work that you do and provide you with a record of your pay and an itemised list detailing any deductions.

 

 

Conditions of Work

When starting a new role, you should be provided with a ‘Contract of Employment’

Frequently Asked Questions

If your employer is not meeting their responsibilities, or your employer has had their license suspended or revoked you have various options available to you. 

 

 

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