Frequently asked questions

As part of your sponsorship duties, this should be reported to UKVI via the SMS portal and is one of the limited reasons permitting a sponsored employee to be paid less than what is stipulated within their CoS.

If being promoted from SOC 6135 to SOC 6136, they can still apply for their dependants (even if their dependants are outside the UK), as long as they held their visa prior to 11 March 2024. This also applies to those switching employers but remaining on either SOC code 6135 or 6136.

UKVI has a clear prohibition on Immigration Skills Charge, CoS and/or associated administrative fees being passed on to employees. If employers are found to be passing on such costs, this is a mandatory ground for the revocation of the sponsor licence. Any permissible deductions must not result in the employee receiving a salary below National Minimum Wage.

For extensions, sponsors must issue a new CoS and the employee must submit a new visa application before their current visa expires. Employers must also pay the Immigration Skills Charge, unless they were exempt under the original CoS.

Standard CoS requests can take up to 18 weeks. Priority processing (£200 per request) is recommended and provides a response within 5 working days. It can be requested any time before a decision is made.

Displaced workers are registered with regional and sub-regional partnerships. Sponsors should contact their local partnership. SESCA is the regional partnership for the South East. Click here to register with SESCA’s displaced worker recruitment scheme.

If the application is submitted before their visa expiry date, they can remain in the UK and continue working under their current visa conditions. Employers must conduct an Employer Checking Service (ECS) check to confirm the right to work while the new application is pending.

Because SOC 6136 is a different occupation code, an SMS update is not sufficient. A new CoS must be issued and the worker must apply for a new Skilled Worker visa. They should not begin duties associated with SOC 6136 until the new visa is granted.

You can request a redacted rota from their main job that confirms they are working hours consistent with their CoS, and review this biweekly. You may also include a clause in your employment contract requiring them to notify you of any changes and prohibiting additional supplementary work without consent.

No. Sponsor licence holders are not permitted to outsource sponsored employees to other organisations. Doing so is a serious breach and can result in licence revocation. If you knowingly engage someone sponsored by an agency full-time, your own licence may also come under scrutiny during the revocation process.

Q: What is the minimum salary requirement for sponsored Care Assistants and Senior Care Assistants?
A: As of 9th April 2025, the sponsoring employer must pay any new skilled workers they sponsor from this date (Care Assistants & Senior Care Assistants) at least £12.82 per hour and £25,000 per year.

Where variable weekly hours apply, the salary threshold must be met over a rolling 17-week period.

Existing sponsored staff are not required to meet the new £12.82 minimum hourly rate but must be paid at least £12.21 per hour, equivalent to a salary of £23,810 per annum, based on a 37.5 hours per week contract, in line with the National Minimum Wage increase effective from 9th April 2025 (up from £11.44 per hour, or £22,308 per annum).

If a sponsored care worker extends their visa, they must then meet the £12.82 per hour and £25,000 per year minimum rates (or the applicable rates at that time).

We would advise against operating a two-tier salary arrangement and recommend bringing all sponsored care worker rates in line at a minimum of £25,000 per annum, to prevent potential discrimination claims.

Q: Is there a minimum hourly rate, or does the £12.82 rate simply represent the hourly rate required for someone working a 37.5-hour week to meet the annual salary threshold?
A: There is a minimum hourly rate. Employers cannot pay below £12.82 per hour—this is the absolute minimum required for compliance with sponsorship regulations. The £12.82 is not just a guideline based on a 37.5-hour week; it applies regardless of the number of hours worked.

Q: If a care provider employs a Care Assistant to work 42 hours per week at an hourly rate of £12.00, their annual earnings would be £26,208. Would this meet the sponsorship requirements?
A: No, this would not meet the requirements. Even though the annual earnings exceed £25,000, the hourly rate falls below the mandatory minimum of £12.82 per hour. Employers must always pay at least £12.82 per hour, regardless of how many hours the employee works.

Q: Does this mean a provider can’t meet the salary threshold by offering more hours at a lower hourly rate?
A: Correct. Employers cannot “get away” with paying below £12.82 per hour by offering more hours to meet the annual salary threshold. The hourly rate must always meet or exceed £12.82 to comply with sponsorship requirements.

No, there is no specific requirement to offer a 37.5-hour contract to sponsor someone on the Health and Care Worker Visa. Sponsors need to ensure they pay BOTH the minimum hourly rate, which is £12.82, AND the minimum overall salary, which is £25,000, but there is no minimum number of working hours.

The reason 37.5 hours is often mentioned in minimum salary guidance is that this is the number of hours required when paying the minimum hourly rate of £12.82 to deliver the minimum salary of £25,000.

Yes. Adult Social Care workers were added to the Shortage Occupation List in February 2022, thereby becoming eligible for the Health and Care Worker Visa.

The Health and Care Worker Visa was first launched in August 2020 but was limited to senior care workers, registered managers, and other medical professionals. Social care workers, care assistants, and home care workers were added in February 2022, reflecting pandemic pressures on the healthcare sector.

It is important to note that the eligibility of Adult Social Care workers for the Health and Care Worker Visa remains subject to government review and change.

Unless an applicant is exempt, for example, because they are a national of a majority English-speaking country, they will need to pass an approved Secure English Language Test (SELT) with at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale, or have an academic qualification that was taught in English.

Level B1 is broadly equivalent to English GCSE Level 4 / 5 (formerly grade C), or an IELTS (International English Language Testing System) score of 4 (whereas Nurses and qualified social workers must score 7).

Click here for further information.

The applicant is required to provide evidence that they have at least £1,270 in an account in their name for 28 days before the application. Alternatively, the sponsor can tick a box on the Certificate of Sponsorship (CoS) to confirm that it certifies the applicant’s maintenance. This means the sponsor will maintain and accommodate the applicant, for up to £1,270 until the end of the first month of sponsorship/employment, if required.

From 27th August 2023, Health and Care Worker visa holders can work a maximum of 20-hours of supplementary paid work per week. The job will need to be either in the same occupation code and at the same level as their main job, or in a shortage occupation. This is the standard arrangement for Skilled Worker visa holders, but Health and Care Worker visa holders were granted a 6-month exemption in March 2023. So from 27th August 2023, if a Health and Care Worker visa holder undertakes more than 20-hours of supplementary work, they will be breaking the terms of their visa. This could lead to their visa being cancelled, and they could be deported.

Supplementary work will have no bearing on the primary employer’s sponsorship obligations – i.e. the sponsor must ensure that the work they offer delivers the minimum salary requirements, without considering any secondary earnings.

For official guidance, visit the gov.uk website here.

No. Health and care worker visa holders are exempt from the UK Immigration Health Surcharge. This represents a significant benefit, providing overseas health and care workers with free access to NHS healthcare services, whereas most other visa holders must pay a health surcharge of £624 per year.

The requirement for sponsors to renew their sponsor licence every four years was abolished from 6 April 2024. UK sponsor licences are now valid for 10 years.

There are two visa options: a visa of up to 3 years costing £247; or for £479 a visa of more than 3 years, which can last up to five years, after which the applicant can extend their visa, or apply for settlement.

Yes, however, there are additional requirements that overseas recruits must comply with to practice as a social worker in England. Applicants must demonstrate they have successfully completed a qualification of a comparable standard to the England social work qualification, or evidence of equivalent training and experience. There is a scrutiny fee payable of £495 and if the application for registration is successful, a registration fee of £90 per annum. Applications for registration usually take 60 working days to process.

English language requirements must be met in one of three ways: an IELTS certificate demonstrating the full academic version was undertaken with a score of at least 7; the applicant qualified as a social worker in the last five years in a country where English is the first and native language, or the applicant is registered and practising as a social worker in a country where English is the first and native language.

Detailed guidance has been set out by Social Work England Guidance for applicants who qualified overseas.

You must assign a certificate of sponsorship to each foreign worker you employ. Each certificate has a unique code, which a worker can use to apply for a visa within 3 months. They must not apply for their visa more than 3 months before the start date of the job listed on the certificate.

A number of CoS are issued when the sponsorship licence is granted and they are then reissued annually, in line with the agreed business plan.

Additional CoS can be applied for through the sponsorship management system (SMS). You’ll get access to the SMS when you get your licence.

Applying for additional CoS will take 13 weeks. Unused CoS expire after three months.

Timing is a consideration when planning a recruitment campaign. Leaving it late to apply for certificates could mean waiting extra time before new recruits start and applying too early could mean that the certificates expire. The advice from the UKVI is to apply for additional certificates at the start of the recruitment campaign, to best align the processes.

If the worker is based overseas when you make an application, you will need a Defined CoS. If you are applying for someone who is already in the UK and currently working for someone else, you will need an Undefined CoS.

If the employee that the Certificate relates to stops working for you, UKVI should be informed, and the CoS will be cancelled. The worker will then no longer be assigned to you.      

Businesses granted a new employer sponsorship licence are A-rated. UKVI monitor sponsors for the duration of the licence period and reserves the right to inspect businesses (without notice) to ensure that they are carrying out their sponsor duties. Should UKVI have concerns that a business is not adhering to its duties, it may downgrade them to a B-rating, rendering them unable to issue new Certificates of Sponsorship, until they have made improvements. If a B-rated sponsor fails to make the required improvements, they may have their licence revoked entirely. In this situation, any sponsored workers would also have their visas revoked.

Yes, health and care worker visa holders can switch to another visa category, provided they meet the eligibility criteria for that category.

Yes, health and care worker visa holders can apply for settlement in the UK, provided they meet the eligibility criteria and have been in the UK for a certain period.

No. The requirement for licenced sponsors to complete a “Resident Labour Market Test” (including advertising a role for 28 days prior to being able to offer it to an overseas candidate), was scrapped by the Home Office in December 2020. Furthermore, since health and care worker roles are included in the Government Shortage Occupation List, they would have been exempt from this even when it was a requirement.

Contact the Police: If you believe there is an immediate danger or you witness a crime, call the police emergency number (999) right away. For non-emergencies, you can contact your local police station or the non-emergency number (101).

Report to Modern Slavery Helpline: You can report your concerns to the Modern Slavery Helpline at 0800 0121 700. The helpline is available 24/7 and operated by trained specialists who can provide advice, support, and guidance.

National Referral Mechanism (NRM): The NRM is a process for identifying and supporting potential victims of modern slavery. If you suspect someone is a victim, you can make a referral to the NRM through the Home Office, law enforcement, or a designated organization. The NRM referral form can be completed online.

Gangmasters and Labour Abuse Authority (GLAA): If the exploitation involves labor abuse or workers’ rights violations, you can report it to the GLAA. They investigate and take action against businesses or individuals exploiting workers.

Care Workers under SOC Code 6145 cannot work in Supported Living services for patients aged 16 to 18, as such services fall under different regulations and do not qualify for a Health & Care visa.

If CQC regulation is mandatory, approval must be obtained before applying for a Sponsor License.

From 11th March 2024 health and care worker visa holders will no longer be able to bring their dependents (spouse or partner, and any dependent children) to the UK.

Dependants already in the UK will be permitted to stay for the duration of the H&CW Visa holder’s sponsorship. They will also retain their right to remain if the H&CW Visa holder decides to extend their stay, change employers (within the same SOC code), or apply for settlement.

If an overseas worker is in the UK on a H&CW Visa before the Immigration Rules change and hasn’t yet brought their dependents, they will be allowed to do so throughout their sponsorship.

If the candidate holds a Student visa but applies to switch their status to a Health & Care visa after 11 March 2024, they would not be able to apply for their dependants to be granted leave, and their dependants would either need to leave the UK or apply for an alternative visa category.

In addition, with effect from 01 January 2024, most international students are now no longer allowed to bring family members with them to the UK as dependants (unless they are enrolled in a PhD or postgraduate research programme).

With effect from 17th July 2023 onwards, international students in the country no longer have the right to switch to a UK work visa unless their course has been completed.

It is worth bearing in mind that Student visa holders in the UK may still have the right to work during their time on that visa, depending on such factors as what they’re studying, and whether they will be working in or out of term time.

If they have a spouse in the UK as their dependant, they will be entitled to make their own switch to the Skilled Worker visa if they wish, before the Student has completed their course.

If however the Student is also applying to switch to become a dependant under their Spouse’s Skilled Worker Visa, the Home Office will request for confirmation that the Student has completed their course. In such circumstances their Spouse could switch to their own Skilled Worker Visa and the Student could switch thereafter to become their dependant after they have completed their course of study.

If a Health & Care Worker visa holder falls sick, the employer should handle their absence as they would for any non-sponsored employee, following standard sick leave procedures. If the sponsored employee is absent for a total of four weeks or more, the employer must report this to UK Visas and Immigration (UKVI) through the Sponsor Management System (SMS). However, authorized absences for valid reasons, such as illness, should not impact the sponsorship. If the sponsored employee fails to inform the employer about the reason for their absence and is absent for 10 or more days without permission, the employer must report this to UKVI.

As an employer you may wish to enquire further as to the immigration status of the dependant’s Spouse i.e. whether they are under a Student, Graduate or Skilled Worker visa; the expiry date of their status; any issues with their visa and if a Student when they will be completing their course as this may guide you in determining where there are any urgent deadlines to consider.

It would however be permitted for the dependant to switch at any point during the validity of their PBS Dependant Visa to a Skilled Worker/Health & Care Visa and you would not need to sponsor them prior to employment.

It is also worth noting that dependants have more flexibility that the main applicant with respect to the conditions attached to their visa in that they can work in any role as long as their salary meets or exceeds national minimum wage legislation. They can also be self-employed and you would also not need to incur the Home Office visa costs in order to sponsor the dependant under a Health & Care visa.

If a licence holding organisation has their licence revoked, there is no immediate obligation on them to dismiss their sponsored employees.

Once the licence has been revoked, the Home Office will curtail the visas of the sponsored workers. Until the visas are curtailed, the workers are still entitled to their rights under the visa conditions and thus they can continue working until the curtailment takes place.

Usually the workers have 60 days between the notice of curtailment being issued and the curtailment taking effect, although this will not be the case of the worker has been complicit in the breach that caused the licence to be revoked.

So, during this 60-day period the employer is free to continue employing the workers under the terms of the visas. The idea is that the workers will have this grace period in which to regularise their leave by, for example seeking alternative employment. However in reality, they will likely have more than 60-days in which to do this because the Home Office is currently (May 2024) experiencing a significant backlog in the issuing of curtailment notices and the 60 day period only starts to run once the notice has been issued.

Thanks to RWK Goodman LLP for providing this answer.

An eVisa is a digital record of a person’s UK immigration status, replacing physical Biometric Residence Permits (BRPs) from 31st December 2024. It allows employers to check right-to-work status online using the Home Office’s View and Prove service.

Employers have a legal duty to ensure that anyone working for them has the right to work in the UK. If an individual does not hold a British passport but is in the UK on a visa, such as a student, spousal, or skilled worker visa (including the Health and Care Worker Visa), they must now use the new online View and Prove system to prove their right to work.

The process works similarly to an online DBS check. Workers must log into their UKVI online account via the View and Prove section of the gov.uk website. They can then request a ‘share code,’ and provide it to their employer. Employers then use this code, along with the worker’s date of birth, to verify their right to work through the Right to Work Check Service. The service generates a profile that includes the individual’s photograph, enabling employers to confirm the worker’s identity before offering employment.

Employers should also inform their international staff that from 31st December 2024, no new residence permits or paper visas will be issued. Once current visas or documentation expire, employees must be able to produce a share code, so they should ensure they can access their UKVI account well in advance.

Q: What is the minimum salary requirement for sponsored Care Assistants and Senior Care Assistants?
A: As of 9th April 2025, the sponsoring employer must pay any new skilled workers they sponsor from this date (Care Assistants & Senior Care Assistants) at least £12.82 per hour and £25,000 per year.

Where variable weekly hours apply, the salary threshold must be met over a rolling 17-week period.

Existing sponsored staff are not required to meet the new £12.82 minimum hourly rate but must be paid at least £12.21 per hour, equivalent to a salary of £23,810 per annum, based on a 37.5 hours per week contract, in line with the National Minimum Wage increase effective from 9th April 2025 (up from £11.44 per hour, or £22,308 per annum).

If a sponsored care worker extends their visa, they must then meet the £12.82 per hour and £25,000 per year minimum rates (or the applicable rates at that time).

We would advise against operating a two-tier salary arrangement and recommend bringing all sponsored care worker rates in line at a minimum of £25,000 per annum, to prevent potential discrimination claims.

Q: Is there a minimum hourly rate, or does the £12.82 rate simply represent the hourly rate required for someone working a 37.5-hour week to meet the annual salary threshold?
A: There is a minimum hourly rate. Employers cannot pay below £12.82 per hour—this is the absolute minimum required for compliance with sponsorship regulations. The £12.82 is not just a guideline based on a 37.5-hour week; it applies regardless of the number of hours worked.

Q: If a care provider employs a Care Assistant to work 42 hours per week at an hourly rate of £12.00, their annual earnings would be £26,208. Would this meet the sponsorship requirements?
A: No, this would not meet the requirements. Even though the annual earnings exceed £25,000, the hourly rate falls below the mandatory minimum of £12.82 per hour. Employers must always pay at least £12.82 per hour, regardless of how many hours the employee works.

Q: Does this mean a provider can’t meet the salary threshold by offering more hours at a lower hourly rate?
A: Correct. Employers cannot “get away” with paying below £12.82 per hour by offering more hours to meet the annual salary threshold. The hourly rate must always meet or exceed £12.82 to comply with sponsorship requirements.

No, there is no specific requirement to offer a 37.5-hour contract to sponsor someone on the Health and Care Worker Visa. Sponsors need to ensure they pay BOTH the minimum hourly rate, which is £12.82, AND the minimum overall salary, which is £25,000, but there is no minimum number of working hours.

The reason 37.5 hours is often mentioned in minimum salary guidance is that this is the number of hours required when paying the minimum hourly rate of £12.82 to deliver the minimum salary of £25,000.

Yes. Adult Social Care workers were added to the Shortage Occupation List in February 2022, thereby becoming eligible for the Health and Care Worker Visa.

The Health and Care Worker Visa was first launched in August 2020 but was limited to senior care workers, registered managers, and other medical professionals. Social care workers, care assistants, and home care workers were added in February 2022, reflecting pandemic pressures on the healthcare sector.

It is important to note that the eligibility of Adult Social Care workers for the Health and Care Worker Visa remains subject to government review and change.

Unless an applicant is exempt, for example, because they are a national of a majority English-speaking country, they will need to pass an approved Secure English Language Test (SELT) with at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale, or have an academic qualification that was taught in English.

Level B1 is broadly equivalent to English GCSE Level 4 / 5 (formerly grade C), or an IELTS (International English Language Testing System) score of 4 (whereas Nurses and qualified social workers must score 7).

Click here for further information.

The applicant is required to provide evidence that they have at least £1,270 in an account in their name for 28 days before the application. Alternatively, the sponsor can tick a box on the Certificate of Sponsorship (CoS) to confirm that it certifies the applicant’s maintenance. This means the sponsor will maintain and accommodate the applicant, for up to £1,270 until the end of the first month of sponsorship/employment, if required.

From 27th August 2023, Health and Care Worker visa holders can work a maximum of 20-hours of supplementary paid work per week. The job will need to be either in the same occupation code and at the same level as their main job, or in a shortage occupation. This is the standard arrangement for Skilled Worker visa holders, but Health and Care Worker visa holders were granted a 6-month exemption in March 2023. So from 27th August 2023, if a Health and Care Worker visa holder undertakes more than 20-hours of supplementary work, they will be breaking the terms of their visa. This could lead to their visa being cancelled, and they could be deported.

Supplementary work will have no bearing on the primary employer’s sponsorship obligations – i.e. the sponsor must ensure that the work they offer delivers the minimum salary requirements, without considering any secondary earnings.

For official guidance, visit the gov.uk website here.

No. Health and care worker visa holders are exempt from the UK Immigration Health Surcharge. This represents a significant benefit, providing overseas health and care workers with free access to NHS healthcare services, whereas most other visa holders must pay a health surcharge of £624 per year.

The requirement for sponsors to renew their sponsor licence every four years was abolished from 6 April 2024. UK sponsor licences are now valid for 10 years.

There are two visa options: a visa of up to 3 years costing £247; or for £479 a visa of more than 3 years, which can last up to five years, after which the applicant can extend their visa, or apply for settlement.

Yes, however, there are additional requirements that overseas recruits must comply with to practice as a social worker in England. Applicants must demonstrate they have successfully completed a qualification of a comparable standard to the England social work qualification, or evidence of equivalent training and experience. There is a scrutiny fee payable of £495 and if the application for registration is successful, a registration fee of £90 per annum. Applications for registration usually take 60 working days to process.

English language requirements must be met in one of three ways: an IELTS certificate demonstrating the full academic version was undertaken with a score of at least 7; the applicant qualified as a social worker in the last five years in a country where English is the first and native language, or the applicant is registered and practising as a social worker in a country where English is the first and native language.

Detailed guidance has been set out by Social Work England Guidance for applicants who qualified overseas.

You must assign a certificate of sponsorship to each foreign worker you employ. Each certificate has a unique code, which a worker can use to apply for a visa within 3 months. They must not apply for their visa more than 3 months before the start date of the job listed on the certificate.

A number of CoS are issued when the sponsorship licence is granted and they are then reissued annually, in line with the agreed business plan.

Additional CoS can be applied for through the sponsorship management system (SMS). You’ll get access to the SMS when you get your licence.

Applying for additional CoS will take 13 weeks. Unused CoS expire after three months.

Timing is a consideration when planning a recruitment campaign. Leaving it late to apply for certificates could mean waiting extra time before new recruits start and applying too early could mean that the certificates expire. The advice from the UKVI is to apply for additional certificates at the start of the recruitment campaign, to best align the processes.

If the worker is based overseas when you make an application, you will need a Defined CoS. If you are applying for someone who is already in the UK and currently working for someone else, you will need an Undefined CoS.

If the employee that the Certificate relates to stops working for you, UKVI should be informed, and the CoS will be cancelled. The worker will then no longer be assigned to you.      

Businesses granted a new employer sponsorship licence are A-rated. UKVI monitor sponsors for the duration of the licence period and reserves the right to inspect businesses (without notice) to ensure that they are carrying out their sponsor duties. Should UKVI have concerns that a business is not adhering to its duties, it may downgrade them to a B-rating, rendering them unable to issue new Certificates of Sponsorship, until they have made improvements. If a B-rated sponsor fails to make the required improvements, they may have their licence revoked entirely. In this situation, any sponsored workers would also have their visas revoked.

Yes, health and care worker visa holders can switch to another visa category, provided they meet the eligibility criteria for that category.

Yes, health and care worker visa holders can apply for settlement in the UK, provided they meet the eligibility criteria and have been in the UK for a certain period.

No. The requirement for licenced sponsors to complete a “Resident Labour Market Test” (including advertising a role for 28 days prior to being able to offer it to an overseas candidate), was scrapped by the Home Office in December 2020. Furthermore, since health and care worker roles are included in the Government Shortage Occupation List, they would have been exempt from this even when it was a requirement.

Contact the Police: If you believe there is an immediate danger or you witness a crime, call the police emergency number (999) right away. For non-emergencies, you can contact your local police station or the non-emergency number (101).

Report to Modern Slavery Helpline: You can report your concerns to the Modern Slavery Helpline at 0800 0121 700. The helpline is available 24/7 and operated by trained specialists who can provide advice, support, and guidance.

National Referral Mechanism (NRM): The NRM is a process for identifying and supporting potential victims of modern slavery. If you suspect someone is a victim, you can make a referral to the NRM through the Home Office, law enforcement, or a designated organization. The NRM referral form can be completed online.

Gangmasters and Labour Abuse Authority (GLAA): If the exploitation involves labor abuse or workers’ rights violations, you can report it to the GLAA. They investigate and take action against businesses or individuals exploiting workers.

Care Workers under SOC Code 6145 cannot work in Supported Living services for patients aged 16 to 18, as such services fall under different regulations and do not qualify for a Health & Care visa.

If CQC regulation is mandatory, approval must be obtained before applying for a Sponsor License.

From 11th March 2024 health and care worker visa holders will no longer be able to bring their dependents (spouse or partner, and any dependent children) to the UK.

Dependants already in the UK will be permitted to stay for the duration of the H&CW Visa holder’s sponsorship. They will also retain their right to remain if the H&CW Visa holder decides to extend their stay, change employers (within the same SOC code), or apply for settlement.

If an overseas worker is in the UK on a H&CW Visa before the Immigration Rules change and hasn’t yet brought their dependents, they will be allowed to do so throughout their sponsorship.

If the candidate holds a Student visa but applies to switch their status to a Health & Care visa after 11 March 2024, they would not be able to apply for their dependants to be granted leave, and their dependants would either need to leave the UK or apply for an alternative visa category.

In addition, with effect from 01 January 2024, most international students are now no longer allowed to bring family members with them to the UK as dependants (unless they are enrolled in a PhD or postgraduate research programme).

With effect from 17th July 2023 onwards, international students in the country no longer have the right to switch to a UK work visa unless their course has been completed.

It is worth bearing in mind that Student visa holders in the UK may still have the right to work during their time on that visa, depending on such factors as what they’re studying, and whether they will be working in or out of term time.

If they have a spouse in the UK as their dependant, they will be entitled to make their own switch to the Skilled Worker visa if they wish, before the Student has completed their course.

If however the Student is also applying to switch to become a dependant under their Spouse’s Skilled Worker Visa, the Home Office will request for confirmation that the Student has completed their course. In such circumstances their Spouse could switch to their own Skilled Worker Visa and the Student could switch thereafter to become their dependant after they have completed their course of study.

If a Health & Care Worker visa holder falls sick, the employer should handle their absence as they would for any non-sponsored employee, following standard sick leave procedures. If the sponsored employee is absent for a total of four weeks or more, the employer must report this to UK Visas and Immigration (UKVI) through the Sponsor Management System (SMS). However, authorized absences for valid reasons, such as illness, should not impact the sponsorship. If the sponsored employee fails to inform the employer about the reason for their absence and is absent for 10 or more days without permission, the employer must report this to UKVI.

As an employer you may wish to enquire further as to the immigration status of the dependant’s Spouse i.e. whether they are under a Student, Graduate or Skilled Worker visa; the expiry date of their status; any issues with their visa and if a Student when they will be completing their course as this may guide you in determining where there are any urgent deadlines to consider.

It would however be permitted for the dependant to switch at any point during the validity of their PBS Dependant Visa to a Skilled Worker/Health & Care Visa and you would not need to sponsor them prior to employment.

It is also worth noting that dependants have more flexibility that the main applicant with respect to the conditions attached to their visa in that they can work in any role as long as their salary meets or exceeds national minimum wage legislation. They can also be self-employed and you would also not need to incur the Home Office visa costs in order to sponsor the dependant under a Health & Care visa.

If a licence holding organisation has their licence revoked, there is no immediate obligation on them to dismiss their sponsored employees.

Once the licence has been revoked, the Home Office will curtail the visas of the sponsored workers. Until the visas are curtailed, the workers are still entitled to their rights under the visa conditions and thus they can continue working until the curtailment takes place.

Usually the workers have 60 days between the notice of curtailment being issued and the curtailment taking effect, although this will not be the case of the worker has been complicit in the breach that caused the licence to be revoked.

So, during this 60-day period the employer is free to continue employing the workers under the terms of the visas. The idea is that the workers will have this grace period in which to regularise their leave by, for example seeking alternative employment. However in reality, they will likely have more than 60-days in which to do this because the Home Office is currently (May 2024) experiencing a significant backlog in the issuing of curtailment notices and the 60 day period only starts to run once the notice has been issued.

Thanks to RWK Goodman LLP for providing this answer.

An eVisa is a digital record of a person’s UK immigration status, replacing physical Biometric Residence Permits (BRPs) from 31st December 2024. It allows employers to check right-to-work status online using the Home Office’s View and Prove service.

Employers have a legal duty to ensure that anyone working for them has the right to work in the UK. If an individual does not hold a British passport but is in the UK on a visa, such as a student, spousal, or skilled worker visa (including the Health and Care Worker Visa), they must now use the new online View and Prove system to prove their right to work.

The process works similarly to an online DBS check. Workers must log into their UKVI online account via the View and Prove section of the gov.uk website. They can then request a ‘share code,’ and provide it to their employer. Employers then use this code, along with the worker’s date of birth, to verify their right to work through the Right to Work Check Service. The service generates a profile that includes the individual’s photograph, enabling employers to confirm the worker’s identity before offering employment.

Employers should also inform their international staff that from 31st December 2024, no new residence permits or paper visas will be issued. Once current visas or documentation expire, employees must be able to produce a share code, so they should ensure they can access their UKVI account well in advance.