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SL81-International Recruitment, Sponsorship and Employment of Overseas Workers Policy

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Registration Number: {{org_field_registration_no}}

International Recruitment, Sponsorship and Employment of Overseas Workers Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} recruits, sponsors, employs and supports overseas workers lawfully, safely, ethically and fairly.

This policy establishes the arrangements through which {{org_field_name}} will:

Nothing in this policy authorises recruitment or sponsorship that is prohibited by the Immigration Rules or current sponsor guidance. Before advertising, offering or sponsoring any role, {{org_field_name}} will confirm that the occupation, candidate, salary, working arrangements and proposed sponsorship route are eligible under the Immigration Rules in force at that time.

2. Scope

This policy applies to:

This policy must be read alongside the organisation’s safer recruitment, safeguarding, equality, whistleblowing, grievance, disciplinary, data protection, working time, modern slavery, training, supervision and business continuity policies.

The policy does not create an entitlement to sponsorship. Sponsorship decisions will be made lawfully, consistently and on the basis of organisational need, immigration eligibility, the genuineness of the vacancy, the person’s suitability and {{org_field_name}}’s ability to meet all sponsor duties.

3. Related Policies, Legislation and Guidance

Legislation and statutory requirements

National guidance

4. Policy Statement

{{org_field_name}} is committed to lawful, ethical and transparent international recruitment. Overseas workers will be treated fairly and will receive the same statutory employment protections as other employees performing comparable work.

Recruitment decisions will be based on objective role requirements, competence, experience, values, conduct, right to work and suitability to work with people who use the service. No person will be subjected to less favourable treatment because of race, nationality, ethnic or national origin, immigration status, religion or belief, sex, disability, age or any other protected characteristic.

{{org_field_name}} will not:

The organisation will maintain evidence showing how each person appointed to a regulated activity satisfies the requirements of Regulation 19 and Schedule 3 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

5. Ethical International Recruitment

5.1 Information provided to candidates

Before a candidate accepts an offer, {{org_field_name}} will provide clear, accurate and accessible written information about:

Information must not exaggerate expected earnings, available hours, accommodation standards, likelihood of settlement, eligibility of dependants or the duration of employment.

5.2 Recruitment fees, expenses and repayment clauses

No applicant or employee will be charged a fee for finding or securing employment with {{org_field_name}}.

{{org_field_name}} will not recover from an employee any charge that the employer is legally required to pay, including the Certificate of Sponsorship fee or Immigration Skills Charge, where applicable.

Any lawful agreement requiring repayment of a clearly identified, optional and genuinely incurred expense must:

No deduction will be made from wages without a lawful basis and prior written authorisation, except where legislation permits otherwise.

6. Immigration and Visa Compliance

6.1 Skilled Worker and Health and Care Worker Sponsorship

Before sponsorship is approved, {{org_field_name}} will verify and record that:

A Certificate of Sponsorship is not a general work permit and must not be used for work that is materially different from the sponsored role.

Certificates of Sponsorship will only be assigned through the Sponsorship Management System by an authorised Level 1 or Level 2 User acting within their permitted functions. Before assignment, the proposed Certificate of Sponsorship must be checked and approved under the organisation’s sponsorship authorisation procedure.

The approval record will include:

6.2 Restrictions applying to care workers and senior care workers

From 22 July 2025, new applications for entry clearance from overseas are not permitted for care worker and home carer roles under SOC code 6135 or senior care worker roles under SOC code 6136.

Accordingly, {{org_field_name}} will not assign a Certificate of Sponsorship for an overseas entry-clearance application under SOC code 6135 or 6136.

Until the end of the applicable transitional period, currently 22 July 2028, an eligible person who is already in the United Kingdom may be sponsored under SOC code 6135 or 6136 only where all requirements of the Immigration Rules and current sponsor guidance are met.

Before sponsoring an in-country care worker or senior care worker, the Authorising Officer or a formally delegated competent person must document:

No manager may rely on historical visa rules or assume that previous eligibility continues. Current Home Office guidance must be checked for every proposed sponsorship.

New overseas sponsorship for care worker and senior care worker roles closed on 22 July 2025, while defined in-country arrangements continue on a transitional basis until 22 July 2028.

6.3 Sponsor Duties, Monitoring and Reporting

{{org_field_name}} will maintain systems that enable it to monitor sponsored workers and meet all applicable sponsor duties.

The organisation will:

Reportable matters may include:

The organisation will consult current sponsor guidance to determine whether a change can be reported, requires a new Certificate of Sponsorship or requires a new visa application.

Current sponsor guidance requires sponsors to hold a valid licence, sponsor only genuine eligible employment, keep prescribed records and understand their reporting and compliance responsibilities.

6.4 Sponsor Licence Governance

The organisation’s Authorising Officer has overall responsibility for sponsor licence compliance.

Only suitably trained and authorised personnel may access the Sponsorship Management System. Access credentials must not be shared.

The organisation will:

6.5 Right-to-Work Checks

A prescribed right-to-work check must be completed before employment begins. No person may commence work merely because they have applied for a visa, provided a share code to an agency or previously worked for another employer.

The check will be completed using one of the lawful methods available at the time, which may include:

The person completing the check must:

A visa, eVisa or share code must not be treated as sufficient without completing the prescribed check.

The Home Office employer guidance sets out the prescribed checks needed to establish or maintain a statutory excuse against a civil penalty.

6.6 Changes in Immigration Status

Workers must inform their manager and Human Resources promptly of any change that may affect their right to work, including:

The organisation will not make assumptions about a person’s right to work. Where status is uncertain, the organisation will use the Employer Checking Service or obtain competent legal advice before permitting work to continue.

Any suspension from duties while status is checked will be managed fairly, promptly and in accordance with the employment contract and applicable employment law.

7. Pre-Employment Checks and Induction

7.1 Safer Recruitment and Pre-Employment Checks

No international recruit will begin unsupervised work with people using the service until all checks required for the role have been completed, assessed and recorded.

Checks will include, where applicable:

Where a required check cannot be completed, the Registered Manager must carry out and record an individual risk assessment. The risk assessment must state:

A visa decision or Certificate of Sponsorship does not replace the organisation’s duty to carry out safer recruitment checks.

CQC Regulation 19 requires robust recruitment procedures and evidence that staff are fit, of good character, appropriately qualified, competent, skilled and experienced. CQC may require the provider to produce Schedule 3 information for each person employed for a regulated activity.

7.2 Induction, Training and Initial Competency Assessment

Every international recruit will receive a structured induction appropriate to their role, experience and the needs of the people they support.

The induction will include:

Completion of training alone will not be treated as proof of competence. Competence will be assessed through observation, discussion, knowledge checks, supervised practice and review of performance.

A written induction record and competency plan will be retained.

All staff working for the purposes of the regulated activity will receive training on learning disability and autism that is appropriate to their role. The training must include how to interact appropriately with autistic people and people with a learning disability.

The Health and Care Act 2022 inserted a requirement for CQC-registered providers to ensure role-appropriate learning disability and autism training. CQC identifies the Oliver McGowan Mandatory Training as the Government’s preferred and recommended programme, although the legal requirement is for suitable role-appropriate training rather than merely the completion of a named course.

8. Ongoing Support and Monitoring

8.1 Workplace Integration and Pastoral Support

International recruits will be offered proportionate pastoral support without creating dependency on the employer.

Support may include:

Pastoral support must not involve:

8.2 Employer-Arranged Accommodation

Where {{org_field_name}} arranges, provides or recommends accommodation:

Accommodation arrangements must be kept separate from decisions about capability, conduct, grievances or sponsorship wherever reasonably practicable.

8.3 Supervision, Competence and Professional Development

International workers will have equal access to supervision, appraisal, training and development.

The Registered Manager will ensure that:

Staff who are new to care will be supported to complete the Care Certificate or an equivalent structured induction. Qualifications described as “NVQs” should be referred to by their current qualification title where applicable.

Regulation 18 requires providers to deploy sufficient numbers of suitably qualified, competent, skilled and experienced staff and to provide staff with appropriate support, training, professional development, supervision and appraisal.

8.4 Working Hours, Rest and Fatigue

{{org_field_name}} will comply with the Working Time Regulations 1998, National Minimum Wage requirements and contractual working-hour provisions.

Managers will monitor:

International workers will not be pressured to work excessive hours because of recruitment debt, accommodation arrangements or fear that sponsorship will be withdrawn.

Where a worker has more than one job, the organisation will take reasonable steps to assess whether combined hours create a health, safety, performance or immigration risk.

8.5 Additional and Secondary Employment

Sponsored workers must comply with the conditions of their immigration permission relating to supplementary or secondary employment.

Employees must inform {{org_field_name}} of proposed additional employment where required by their contract or where it may affect:

{{org_field_name}} will not unlawfully prevent additional employment but may take proportionate action where it would breach immigration conditions, contractual obligations or safety requirements.

9. Employment Rights and Fair Treatment

9.1 Modern Slavery, Exploitation and Safeguarding of Workers

International workers may be at increased risk of exploitation because of recruitment debt, unfamiliarity with UK law, employer-linked accommodation, limited local support or fear of losing sponsorship.

Managers must remain alert to indicators including:

Suspected exploitation will be treated as a safeguarding and governance concern. The organisation will take immediate action to protect the worker, preserve evidence and refer the matter to the appropriate authority.

9.2 Ending Employment and Sponsorship

Where sponsored employment ends, {{org_field_name}} will:

The organisation must not give immigration advice beyond the competence of the person providing it.

10. CQC and Regulatory Compliance

This policy supports compliance with the following provisions of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014:

Regulation 9 — Person-centred care

International recruitment and deployment decisions will ensure that staff can meet the assessed needs, communication requirements, preferences and protected characteristics of people using the service.

Regulation 10 — Dignity and respect

Staff will be trained and supported to uphold privacy, dignity, equality and human rights.

Regulation 11 — Need for consent

Staff will receive training and supervision concerning consent, mental capacity and lawful decision-making appropriate to their role.

Regulation 12 — Safe care and treatment

The organisation will assess competence, provide appropriate training, manage risks and ensure that staff do not undertake tasks for which they are not competent.

Regulation 13 — Safeguarding service users from abuse and improper treatment

International workers will receive safeguarding training and will be subject to appropriate recruitment checks. The organisation will also recognise that international workers themselves may be at risk of exploitation or abuse.

Regulation 17 — Good governance

The organisation will maintain accurate, complete and contemporaneous recruitment, right-to-work, sponsorship, training, supervision and employment records. Audits will be undertaken to identify and address compliance risks.

Regulation 18 — Staffing

The organisation will deploy sufficient numbers of suitably qualified, competent, skilled and experienced staff. Staff will receive induction, training, supervision, appraisal and professional development appropriate to their role and the needs of people using the service.

Regulation 19 — Fit and proper persons employed

The organisation will operate robust recruitment procedures and will only employ people who are of good character, have the necessary qualifications, competence, skills and experience, and are able to perform the work required after reasonable adjustments are considered.

Information specified in Schedule 3 will be obtained, verified, assessed and made available to CQC when required.

Regulation 20 — Duty of candour

International workers will be informed of their responsibilities to report incidents and contribute openly and honestly to investigations and duty-of-candour processes.

CQC’s current regulations for providers include Regulations 9 to 20A, with Regulations 17, 18 and 19 being particularly relevant to recruitment, governance and staffing.

11. Records and Data Protection

{{org_field_name}} will maintain a secure recruitment and employment record for each international worker.

Records will include, where applicable:

Personal information will be:

Special-category and criminal-offence information will be processed only where there is an appropriate lawful basis and condition for processing.

Access to immigration, health and criminal-record information will be restricted to authorised persons who require it for their role.

12. Audit and Assurance

The Registered Manager, Human Resources lead or nominated sponsorship-compliance lead will complete periodic audits of international recruitment and sponsored-worker files.

Audits will examine:

High-risk findings will be escalated immediately to the Responsible Individual, Nominated Individual, Director or other appropriate senior person.

Corrective action will be documented, assigned to a responsible person and completed within a stated timescale.

13. Sponsor Licence and Workforce Contingency Planning

{{org_field_name}} will maintain a contingency plan for events that may affect sponsored workers or continuity of care, including:

The contingency plan will address:

14. Responsibilities

14.1 Board, directors or provider

The board, directors or provider will:

14.2 Authorising Officer

The Authorising Officer will:

14.3 Registered Manager

The Registered Manager will:

14.4 Human Resources or recruitment personnel

Human Resources or recruitment personnel will:

14.5 Line managers

Line managers will:

14.6 Employees

Employees must:

15. Policy Review

This policy will be formally reviewed at least annually and sooner where there is:

Because immigration and sponsorship rules change frequently, operational decisions must always be checked against the current Immigration Rules and official guidance rather than relying solely on the date of this policy.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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