Care provider compliance with UK Visas and Immigration processes

Visas and becoming a sponsor

GOV.UK gives advice on visas and becoming a sponsor:

Becoming a visa sponsor

This Becoming a Visa Sponsor help sheet document takes you through the step-by-step process of gaining your sponsorship licence. Also see Sponsorship Opportunities – Providers – SESCA.

Applying for a certificate of sponsorship

This Applying for a Certificate or Sponsorship help sheet supports adult social care providers who are applying for a certificate of sponsorship to sponsor care workers from overseas for the Health and Care Worker Visa route.

If you have any difficulty with the application, further advice can be obtained from the sponsorship, employer and education helpline – Telephone: 0300 123 4699 Monday to Friday, 09:00-16:00, or email: Businesshelpdesk@homeoffice.gsi.gov.uk.

GOV.UK advice on UK visa sponsorship for employers

Pre-employment checks

Before hiring an overseas worker, employers must make pre-employment checks. The Care Quality Commission (CQC) and Disclosure and Barring Service (DBS) offer guidance on the steps employers should take when recruiting workers from overseas into the adult social care workforce.

CQC frequently asked questions document offering advice on what is needed to meet Regulation 19

GOV.UK advice on DBS checks for overseas applicants

GOV..UK advice on checking someone’s criminal record as an employer

Skills for Care advice on safer recruitment has 5 key recommendations:

  • Ask all applicants to complete a criminal record self-declaration form
  • Carry out a Disclosure & Barring Service (DBS) criminal record check at the correct level for the job role
  • Where possible, carry out overseas criminal records checks
  • Carry out all other pre-employment checks and complete a fair pre-employment risk assessment as appropriate
  • Make a final decision based on all information gathered within the recruitment process

Assign certificates of sponsorship

You must assign a certificate of sponsorship (given to you by UKVI) to each worker you are recruiting. Candidates will then be able to apply for their Health and Care Visa.

Onboarding must-haves

When recruiting overseas workers, it is important to make considerations and preparations that can be in place at the beginning of the onboarding process.

Human Like Us, has produced a useful list of onboarding and ongoing support suggestions for refugee workers. This includes some of the employer considerations below that should take place before the workers’ first day.

Compliance

UKVI will continue to monitor your sponsorship licence and use of Certificates of Sponsorship with pre-licence assessment visits and post-licence compliance visits for the duration of the licence period. They reserve the right to inspect businesses to ensure that you are aware of your responsibilities and are carrying out your duties as a sponsor. They may visit or ring premises, without notice and have a set series of questions to follow.

They will be checking:

  • Whether you are carrying out right to work checks
  • Keeping identification and immigration documents
  • Can demonstrate there is nothing preventing the worker being employed in the UK

During this contact they may request additional documentation, this will include wage slips, duty timesheets, and they may also ask to interview workers directly.

UKVI will be looking for evidence and assurance that the sponsorship licence and related certificates are being used in the right way and in line with the original application.

A sponsor can be fined up to £20,000 per worker found to be working illegally in the UK for any sponsor.

Things to note:

  • Only allow workers to undertake roles permitted by the conditions of their stay.
  • Only assign work COS licences to workers if you believe they will meet the immigration requirements.
  • The COS is linked to the individual worker and the worker is directly linked to the business.
  • UKVI have an ongoing responsibility to ensure licences are being adhered to.

Suspended sponsor licence?

What to do if your sponsor licence is suspended? – SESCA offers further advice regarding the sponsorship process.

Available support

Contact the free helpline service Legal Helpline – SESCA of Lester Aldridge on Tel: 01202 786126, Mon–Fri (between 9.00 am-5.00 pm). This available until 13th December 2024.  Alternatively, you can email: sescahelp@LA-Law.com.

Last updated on 15/04/2025