Following SESCA’s May 2025 webinar series on the recent changes to the Immigration Rules, JMW Solicitors have kindly compiled responses to the most frequently asked questions raised by care providers during the sessions.
These webinars explored the impact of recent immigration rule changes, offering clarity on topics such as salary thresholds, visa renewals, and general compliance.
What happens if sponsored employees are signed off work and are only eligible for SSP, which is significantly lower than the hourly rate?
As part of your sponsorship duties, this should be reported to UKVI via the SMS portal. This is one of the few permitted reasons a sponsored employee can be paid less than what is stated on their CoS.
Can they still add their dependants if staying with the same employer but changing SOC due to promotion?
Yes. If promoted from SOC 6135 to SOC 6136, and the worker held their visa prior to 11 March 2024, they can still apply for dependants (even if their dependants are outside the UK). This also applies when switching employers but remaining on SOC 6135 or 6136.
What if the employer cannot fully pay for the ISC and/or CoS fee due to recent increases?
UKVI strictly prohibits passing the Immigration Skills Charge, CoS fees or administrative costs onto employees. Doing so is a serious compliance breach and grounds for sponsor licence revocation. Any deductions must not reduce pay below the National Minimum Wage.
Can someone sponsored under a CoS work the 20 hours with another employer or do unlimited overtime for us?
Yes. Sponsored employees may undertake unlimited overtime for their sponsor in the same role, subject to complying with Employment Law (including Working Time Regulations). They can also work up to 20 hours per week for another sponsor in an eligible role, outside their normal contracted hours.
What is the process for renewing a sponsored employee’s visa? Do we need to issue a new CoS and pay the surcharge again?
Yes. A new CoS must be issued and the employee must submit a new visa application before their current visa expires. Employers must pay the Immigration Skills Charge again unless previously exempt.
Where can I find a list of displaced workers?
Displaced workers are registered with regional and sub-regional partnerships. SESCA is the regional partnership for the South East.
👉 Click here to register with SESCA’s Displaced Worker Scheme.
Can a candidate start working while their Skilled Worker visa application is pending?
No. They must wait until a decision is made and you have conducted a right to work check using their new Skilled Worker visa share code before employment can begin.
What if someone submits their visa application under standard processing, and their current visa expires while it’s pending?
As long as the application is submitted before the current visa expires, the worker can remain in the UK under the same visa conditions. However, employers must complete an Employer Checking Service (ECS) check to confirm right to work during the pending period.
We promoted a carer to Senior Care Worker and reported it via SMS but haven’t heard back. Is this normal?
If the promotion involves a change in SOC (e.g. from SOC 6135 to 6136), an SMS update is not sufficient. A new CoS and Skilled Worker visa application are required. The employee must not start Senior Care Worker duties until the new visa is granted.
How can we ensure a worker doing 20 additional hours is not breaching visa conditions?
You can request the employee to provide a redacted copy of their rota from their main role to confirm they’re working their required hours. You could also ask for a regular update (e.g. fortnightly). You may also include a contract clause requiring disclosure of any changes with their main sponsor and not to undertake supplementary work with any other employer.
Can I employ someone full-time if they are sponsored by an agency?
No. Sponsors are not permitted to outsource their sponsored workers. Doing so is a serious breach and can result in licence revocation — not only for the agency but potentially for your organisation if you are found engaging them knowingly.