Here you’ll find guidance on selecting a legal advisor, together with a directory of some of the advisors our members are using, here in the South East of England. We’ve also provided guidance on the Certificate of Sponsorship (CoS) application process, preparing for UKVI audits, and managing termination of employment for sponsored workers.
Compliance & legal support
FREE Legal Helpline — Now Live!
We have commissioned Lester Aldridge LLP to provide free legal advice for all CQC-registered adult social care providers across the South East.
The helpline offers up to 30 minutes with immigration law experts on topics including CoS applications, UKVI compliance, and the Sponsorship Management System (SMS).
📞 01202 786 126
✉️ sescahelp@LA-Law.com
(Voicemail available outside these hours – replies within 48 hours)
Normal Hours: Monday to Friday, 9:00am – 5:00pm
Festive Hours:
- Wednesday 24 December 2025: 9am – 1pm
- Thursday 25 December 2025: Closed
- Friday 26 December 2025: Closed
- Monday 29 December 2025: 9:30am – 4pm
- Tuesday 30 December 2025: 9:30am – 4pm
- Wednesday 31 December 2025: 9:30am – 4pm
- Thursday 1 January 2026: Closed
- Friday 2 January 2026: Closed
For care providers only. This service cannot assist individual workers.
Displaced workers seeking support should contact: workforce@sesca.org.uk
Legal advice is provided by Lester Aldridge LLP as part of SESCA’s ongoing support for ethical international recruitment and provider compliance.
Selecting a legal advisor
Recruiting overseas care workers is complex and requires ongoing compliance with immigration law. While it’s possible to manage the process yourself, many providers choose to use a legal advisor specialising in commercial immigration to ensure accuracy and reduce risk. The decision will depend on your organisation’s capacity, experience and resources.
Typical Services
Depending on the advisor, services may include:
- Sponsor licence applications
- Allocation of Certificates of Sponsorship (CoS) and Skilled Worker visa applications
- Support with UKVI compliance and use of the Sponsor Management System (SMS)
- Preparation for, or delivery of, mock UKVI compliance audits
- Training and ad hoc legal advice
Law Firm or Immigration Advisor?
If you decide to use a legal advisor, you’ll first need to choose between a law firm or an immigration advisor. Both can be effective, but they differ in cost, scope, and regulation.
Law Firms – Authorised by the Solicitors Regulation Authority (SRA), law firms are staffed by qualified solicitors and can advise across multiple areas, including immigration, compliance, and employment matters.
Pros: Broad expertise, strong professional standards, robust regulation.
Cons: Higher fees and sometimes less personalised service.
Immigration Advisors – Regulated by the Immigration Advice Authority (IAA), advisors often provide more specialised, flexible support for smaller providers.
Pros: Lower cost, accessible, more personal (some may not charge VAT).
Cons: Limited to immigration matters and less formal oversight than law firms.
Indicative Costs
Costs vary depending on the type of advisor and level of service required. As a guide:
££££ – Large law firm (broad expertise, higher fees)
£££ – Smaller specialist law firm (sector-specific expertise)
££ – Immigration advisor (cost-effective, focused support)
£ – Online immigration platform (basic assistance)
Higher cost does not always mean better service. Choose based on relevance, experience, and responsiveness.
Making the Right Choice
To make an informed decision:
- Identify your organisation’s needs and objectives
- Research potential advisors with experience in health and social care
- Check credentials, registration and track record
- Compare proposals, services and fees (including VAT status)
- Request references or feedback from other providers
Screening Checklist
- Registered with SRA (law firms) or IAA (immigration advisors)
- Experience in Health & Social Care and Business Immigration
- Memberships such as ILPA or inclusion in Legal 500
- Transparent fee structure and VAT status
- Positive references or local recommendations
- Verified company history (via Companies House or LinkedIn)
Taking time to select the right advisor will help ensure your recruitment activity remains compliant, efficient, and well-supported as you expand your workforce internationally.
Legal advisor directory
Please Note:
The information about providers and services does not constitute endorsement or recommendation by SESCA.
It is your responsibility to verify and investigate providers and services.
Law Firms
Immigration Advisors
Certificate of sponsorship (CoS) application process
You should ensure that you familiarise yourself with Home Office sponsor guidance throughout your recruitment and employment processes. Further information on sponsor duties and compliance can be found in:
Part 3 – Workers and Temporary Workers: guidance for sponsors (Sponsor duties and compliance)
In addition, the Skills for Care help sheet – “Applying for a Certificate of Sponsorship (CoS)” provides excellent practical guidance for adult social care providers preparing or submitting CoS applications.
Visit the Skills for Care CoS Help Sheet
Recent Changes and Increased Scrutiny
The Home Office has introduced stricter controls and longer processing times for CoS applications in response to abuses of the immigration system and modern slavery risks within the care sector.
Sponsors should now expect:
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Longer processing times – even priority applications may take longer to approve.
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Requests for additional information – supporting evidence may be required before approval.
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Greater scrutiny of documentation – applications must demonstrate genuine employment and the organisation’s capacity to sponsor.
Key Home Office Expectations
To minimise delays or refusals, ensure applications clearly show:
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Genuine employment opportunities supported by valid contracts and funded roles.
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Evidence of recruitment showing how each worker was identified and verified.
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Role-specific clarity (e.g. extension, new hire, or visa switch).
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Transparency and consistency across all information submitted through your Sponsor Management System (SMS).
Best Practice Tips for Sponsors
To help avoid delays and ensure compliance:
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Plan ahead – build additional time into recruitment for CoS approval.
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Maintain clear records of recruitment and job details.
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Identify CoS recipients clearly in every application.
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Use valid contracts with service users or commissioning bodies.
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Respond promptly to any Home Office information requests.
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Stay up to date with Skills for Care and Home Office guidance.
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Seek legal advice if you’re unsure about documentation or compliance requirements.
UKVI Compliance Visits
This UKVI Compliance Visits Guide has been prepared by Wilkin Chapman LLP solicitors for the East Midlands Care Association and generously shared for broader use within the adult social care sector.
The guidance covers a range of topics, including sponsor obligations and duties when applying for a Certificate of Sponsorship (COS) and ongoing responsibilities as a sponsor. It offers detailed insights into relevant responsibilities, steps sponsors should take to ensure compliance and helpful tips for preparing for and handling UKVI compliance visits.
Suspended Sponsor Licence
If your sponsor licence is suspended, it means UKVI has raised concerns about your compliance with sponsorship duties or possible breaches of immigration rules.
During suspension, you cannot issue new Certificates of Sponsorship (CoS), make changes to your Authorising Officer or Key Contacts, or appear on the public register of sponsors.
Existing sponsored workers can continue working unless your licence is later revoked.
Common Reasons for Suspension
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Non-compliance identified during a UKVI visit or audit
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Failure to provide requested documents or evidence on time
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Breaches of sponsorship duties, such as incomplete right-to-work checks or poor record-keeping
Sponsor Responsibilities During Suspension
Even while suspended, sponsors must continue to:
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Meet all sponsorship and record-keeping duties
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Conduct right-to-work checks for all staff
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Report any business or staffing changes promptly
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Renew the licence before expiry if they wish to continue sponsoring workers
How to Respond to a Suspension
When you receive a UKVI suspension notice:
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Read it carefully – identify each issue raised
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Submit missing documents or evidence within the timeframe (usually 20 working days)
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Address areas of non-compliance and provide proof of corrective action
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Seek specialist legal advice to ensure a thorough and credible response
Possible Outcomes
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Licence reinstated (A-rating) – full restoration
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Licence reinstated (B-rating) – issued with an action plan outlining steps to regain A-rating (usually within three months)
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Licence revoked – all sponsored workers’ visas curtailed, and new licence applications barred for at least 12 months
What if it goes wrong?
Managing the termination of employment for overseas care workers
Sometimes, employment relationships don’t work out. When this happens, follow correct procedures to remain compliant with immigration and employment law.
Termination and Home Office notification
- Follow UK employment law and contractual terms for any resignation or dismissal.
- Notify the Home Office via your Sponsor Management System (SMS) within 10 working days of the worker leaving employment (or shortly before their final day).
- Keep accurate, up-to-date contact details for the worker to complete the report correctly.
Immigration Skills Surcharge (ISS)
Once the Home Office is notified, your sponsorship ends and any unused Immigration Skills Surcharge is refunded (e.g., a 3-year CoS ending after 6 months triggers a refund for the remaining 2.5 years).
Supporting the worker
- The worker may transfer to another licensed sponsor by securing a new CoS and visa.
- They may switch to a different visa category (e.g., Family or Student).
Return to home country
After you report the termination, the Home Office will normally curtail the worker’s visa to 60 days. Within that period, they must either leave the UK or submit a new visa application with another employer. Encourage prompt action to avoid overstaying and future immigration issues.
Right to work checks
As of 1 January 2025, the UK Government has fully transitioned to a digital immigration system, replacing Biometric Residence Permits (BRPs) with eVisas.
Care providers sponsoring overseas workers must now use the digital process to remain compliant.
What is an eVisa?
An eVisa is a secure digital record of immigration status, linked to the holder’s passport and accessed via the Home Office View and Prove service.
It confirms a person’s right to work, right to rent, and visa conditions.
Who Needs One
All overseas workers in the UK on Skilled Worker, Health and Care, Student, or Family visas now hold eVisas.
Only British and Irish citizens are exempt.
Employer Responsibilities
Employers must complete online right-to-work checks for all new staff:
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Ask the worker for a share code from their UKVI account.
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Use the Home Office Right to Work Check Service to verify their status.
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Keep a record of the check and complete a follow-up before visa expiry if required.
Failure to carry out proper checks can lead to civil penalties.
Further Guidance
- Create a UKVI Account: UKVI Account Setup
- Right to Work Guidance: Home Office Employer Guidance
- Immigration Status Help: Contact the Home Office Resolution Centre for technical support or if access to an eVisa account is lost.
Supplemental Employment for Sponsored Workers
Sponsored workers can undertake a limited number of hours’ work each week for an employer that is not their sponsor. This is known as supplemental employment.
Workers may seek such work from you directly, or may be referred via an agency.
Eligibility
To be eligible:
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The worker must remain sponsored.
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Displaced workers or those who have been dismissed from their employment with their sponsor are not eligible.
Sponsored workers can undertake supplemental employment that either:
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Appears in Appendix Immigration Salary List, or
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Is in the same profession and at the same professional level as the job for which their Certificate of Sponsorship (CoS) was assigned.
Restrictions
Supplemental employment must not:
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Exceed 20 hours per week (including all time considered ‘working time’ under the Working Time Regulations, such as travelling or waiting time).
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Take place during the contracted hours of the worker’s sponsored employment.
Right to Work requirements
To establish a statutory excuse under Right to Work legislation, you must confirm that:
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The worker has the right to work in the UK by completing the standard Right to Work check; and
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The worker is permitted to carry out the work and meets the eligibility requirements above.
UKVI recommends asking the worker to provide a letter or evidence from the sponsor confirming:
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The worker remains employed by the sponsor;
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The job description and occupation code of their sponsored role; and
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Their contractual working hours.
Alternatively, you can request the following from the worker:
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Their contract with their sponsor;
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Their rotas (if the contract doesn’t specify normal working hours); and
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Recent payslips.
If you get it wrong
Providing supplemental employment to a worker who is not eligible or does not meet the UKVI criteria constitutes illegal employment.
This can result in a civil penalty of:
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Up to £45,000 per worker for a first offence; and
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Up to £60,000 per worker for subsequent offences.
Need advice?
This guidance has been prepared by the Immigration Team at Lester Aldridge Solicitors.