Since Brexit ended free movement, many care sector employers have needed to obtain sponsor licences to fill vital care worker roles. Initially, applications were approved fairly easily between 2021 and 2023. However, many reports came to light of unscrupulous employers misusing the system to force poor working conditions and restrictive contracts upon employees, not allowing them to leave freely.
Recent changes to Immigration Rules have made recruitment even more challenging. New care workers can no longer bring dependants to the UK, and the minimum salary requirements have increased. Many sponsors are also facing extensive information requests when seeking to increase their allocation of undefined certificates of sponsorship or when requesting defined certificates. Additionally, the Home Office also appears to have stepped up its compliance visits, and several care homes have recently had their sponsor licences revoked.
Whilst it is important to address employers who exploit migrant workers and ensure the Immigration Rules are upheld, the increased scrutiny has made it harder for care employers to navigate the complexities of recruiting foreign workers.
As a result, it’s crucial for employers to thoroughly understand their sponsor duties and be able to fully justify each sponsorship.
Preparing for certificate of sponsorship requests
Care sector sponsors are now regularly asked to provide additional information in support of their requests for certificates of sponsorship, both defined and undefined. Employers should ensure that they can fully justify any role which they intend to sponsor, and collate additional documents which may be requested. These include:
- A detailed explanation of why the business needs to sponsor the role
- A full job description (which is required as part of the record keeping duties)
- Copies of contracts which show the requirement for the vacancies that the business need to sponsor
- Details of the person to be sponsored including their name, nationality, date of birth, and current visa status
Staying compliant
To avoid issues, sponsors must understand their record keeping and reporting duties, in particular:
- Ensuring all right to work checks are up-to-date and fully compliant with the latest guidance
- Current contact details for sponsored workers are kept on file together with the history of any changes
- Reporting all changes in circumstances for the employee such as change in salary, work address, absence due to a period of parental/sick leave, and a period of absence without permission
- Reporting an employee having left employment before the end of the period stated on their certificate of sponsorship
- Ensuring that any corporate changes are reported and new a licence application made where appropriate
Sponsors should carry out regular audits to ensure that files are kept up-to-date and provide training to relevant staff members on sponsor duties and responsibilities.
Since UKVI can request documents or conduct unannounced compliance visits at any time, it’s also important that staff know who to contact in the event of a visit, that there are sufficient people involved with the recruitment of any sponsored workers and sponsor licence management, and that someone is always available to handle such situations.
Risks of non-compliance
The Home Office takes non-compliance very seriously. Failing to comply with sponsor duties can lead to licences being downgraded or revoked. Where a licence is revoked, all sponsored workers will have their visas curtailed and will have 60 days to find another sponsored role, switch to another visa, or leave the UK. There is no right to appeal against a decision; it can only be challenged through judicial review.
Future outlook
Labour has criticised the economy’s reliance on overseas workers and proposed to cut net migration in high-migration sectors such as health and social care. They have suggested that employers who abuse the visa system or flout employment laws should be prohibited from hiring workers from abroad.
Given this stance, it’s clear that sponsorship is unlikely to become easier for care sponsors under a Labour government. Care sector sponsors must be fully aware of and understand their duties to maintain the validity of their sponsor licence and ensure they can continue operating effectively.
