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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Employment of Overseas and Migrant Workers Policy

1. Purpose

The purpose of this policy is to provide a comprehensive framework for the ethical, legal, and safe employment of overseas and migrant workers within {{org_field_name}}. The policy is designed to ensure compliance with all relevant legislation, including The Immigration, Asylum and Nationality Act 2006, the UK’s Points-Based Immigration System, The Equality Act 2010, The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and UK Visas and Immigration (UKVI) regulations. The policy promotes the fair treatment of overseas workers while ensuring that all recruitment and employment activities are lawful, transparent, and free from discrimination. {{org_field_name}} values the contributions of overseas and migrant workers to the health and social care sector and is committed to supporting them to deliver safe, effective, and person-centred care.

2. Scope

This policy applies to:

• All registered nurses, healthcare assistants (HCAs), senior carers, and other overseas workers employed or engaged by {{org_field_name}}
• The Director and all office-based staff involved in recruitment, compliance, and placement of overseas workers
• All recruitment processes, whether directly from the UK or internationally
• Temporary workers engaged by {{org_field_name}} under zero-hours or flexible contracts

3. Related Policies

• Recruitment Policy
• Equality, Diversity and Inclusion Policy
• Candidate Confidentiality and Data Handling Policy
• Safeguarding Adults and Children Policy
• Training and Development Policy
• Supervision and Appraisal Policy
• Complaints Policy

4. Policy Statement

{{org_field_name}} is committed to recruiting and employing overseas and migrant workers in full compliance with UK immigration law and safeguarding procedures. We will ensure that all workers are recruited ethically and that the rights and welfare of overseas workers are protected throughout their employment. The agency will ensure that no candidate is subjected to discrimination on the grounds of nationality, ethnicity, immigration status, or any other protected characteristic under the Equality Act 2010. All recruitment of overseas workers will be conducted transparently and with a duty of care towards applicants.

5. Responsibilities

Director

The Director will:

• Take overall responsibility for ensuring compliance with applicable immigration, employment, equality and employment business legislation.
• Monitor the implementation of this policy and review it at least annually and sooner where legislation, Immigration Rules or relevant statutory guidance changes.
• Ensure that all staff involved in recruitment, compliance and placement receive appropriate training on right-to-work requirements and the employment of overseas and migrant workers.
• Ensure that all required right-to-work, recruitment, qualification, reference and compliance records are obtained, checked and retained securely for the required period.
• Ensure that appropriate systems are maintained for identifying workers whose immigration permission is time limited and for completing any required follow-up right-to-work checks before the applicable statutory excuse expires.
• Investigate and address any concerns relating to illegal working, immigration restrictions, discrimination, exploitation or the treatment of overseas and migrant workers.
• Ensure that no worker is supplied or permitted to work where the agency knows, or has reasonable cause to believe, that the worker does not have permission to undertake the work in question.

Recruitment and Compliance Staff

Staff involved in recruitment, compliance and placement are responsible for:

• Ensuring that an appropriate right-to-work check is completed before a worker commences work or is supplied for an assignment.
• Using the correct right-to-work checking method applicable to the individual, which may include a prescribed manual document check, the Home Office online right-to-work checking service or another method expressly permitted by current Home Office requirements.
• Checking that any right-to-work evidence relates to the individual concerned and confirms that the individual is permitted to undertake the particular work being offered.
• Checking and recording any restrictions attached to the worker’s immigration permission, including restrictions relating to occupation, type of work, working hours or duration of permission.
• Conducting and recording any required follow-up right-to-work checks where the worker has time-limited permission to work.
• Using the Home Office Employer Checking Service where required and obtaining a Positive Verification Notice before permitting work where a Positive Verification Notice is necessary to establish the person’s right to work.
• Ensuring that workers are not treated less favourably because of nationality, race or immigration status except where different treatment is necessary and lawful because of immigration or right-to-work restrictions.
• Supporting overseas and migrant workers with induction and with understanding their contractual and statutory employment rights.
• Reporting immediately to the Director any concern relating to illegal working, breach of immigration conditions, discrimination or exploitation.

All Staff

All staff are responsible for:

• Supporting an inclusive and welcoming working environment for overseas and migrant workers.
• Treating colleagues fairly and with respect regardless of nationality, race or immigration status.
• Reporting concerns regarding discrimination, harassment, exploitation, illegal working or unfair treatment in accordance with the relevant organisational procedure.

6. Right to Work Checks

In accordance with sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 and current Home Office right-to-work requirements, {{org_field_name}} will take the required steps to ensure that every person engaged or supplied to work has permission to undertake the work in question.

A right-to-work check must be completed before the individual starts work or is supplied for an assignment. The check must establish both the individual’s identity and that the individual’s immigration status permits them to undertake the particular work being offered.

{{org_field_name}} will use the appropriate prescribed checking method applicable to the individual. This may include:

• A manual right-to-work check using an original document or combination of documents that appears on the current Home Office list of acceptable documents.
• A Home Office online right-to-work check using the individual’s right-to-work share code and date of birth where the individual’s immigration status is capable of being checked through the Home Office online service.
• An eligible digital right-to-work checking process for British or Irish citizens holding qualifying passport or passport-card evidence, where that method is used in accordance with current Home Office requirements.
• The Home Office Employer Checking Service where the individual’s right to work cannot be established through the ordinary prescribed methods and the circumstances permit or require an Employer Checking Service check.

Physical Biometric Residence Permits must not be accepted as standalone evidence of a right to work where current Home Office requirements require the individual’s immigration status to be established through the Home Office online right-to-work checking service. In particular, an expired physical Biometric Residence Permit must not be treated as evidence that the holder currently has the right to work.

When carrying out a manual right-to-work check, authorised staff must:

• Obtain the original document or documents prescribed by current Home Office requirements.
• Check, in the presence of the holder either physically or where permitted through a live video link while the agency has physical possession of the original documents, that the documents appear genuine and relate to the person presenting them.
• Check photographs, dates of birth, expiry dates, immigration permissions and any restrictions relevant to the work being offered.
• Check and resolve any apparent difference in names or identity information using appropriate supporting evidence.
• Make a clear and secure copy of the required parts of the documents.
• Record the date on which the right-to-work check was carried out.

When carrying out a Home Office online right-to-work check, authorised staff must use the official employer checking service and must:

• Access the individual’s right-to-work record using the share code provided for right-to-work purposes and the individual’s date of birth.
• Satisfy themselves that the photograph displayed by the service is of the individual concerned.
• Check that the service confirms a current right to work and that the individual is permitted to undertake the particular work being offered.
• Check any restrictions relating to occupation, hours, duration of employment or other conditions.
• Retain clear evidence of the online check showing the individual’s right-to-work profile and the date on which the check was undertaken.

Where the Home Office Employer Checking Service is required, the worker must not commence work unless the agency has obtained the required confirmation of the right to work. Where a Positive Verification Notice is issued, the agency must retain it and undertake any further check required before the statutory excuse provided by that notice expires.

Where an individual’s permission to work is time limited, {{org_field_name}} will maintain a system for monitoring the expiry of that permission and will complete any required follow-up right-to-work check before the existing statutory excuse expires.

Where a worker’s immigration permission imposes conditions or restrictions, {{org_field_name}} will ensure that every assignment offered to that worker falls within those conditions. This includes, where applicable, restrictions concerning occupation, hours of work, supplementary employment, term-time working or the duration of permission.

Evidence of prescribed right-to-work checks will be stored securely for the duration of the individual’s employment or engagement and for a further two years after it ends where required by the statutory right-to-work scheme. The evidence will then be securely destroyed unless a different lawful retention requirement applies.

Right-to-work checks will be conducted consistently and without unlawful discrimination. Workers and applicants will not be required to demonstrate a right to work solely because of their nationality, accent, name, ethnic or national origin, or other protected characteristic.

No individual will commence work or be supplied for an assignment where {{org_field_name}} has not obtained satisfactory evidence, through an applicable prescribed process, that the individual has the right to undertake the work in question.

7. Sponsorship of Overseas Workers

{{org_field_name}} does not hold a sponsor licence under the UK’s Worker or Temporary Worker immigration routes. {{org_field_name}} will therefore not sponsor workers, assign Certificates of Sponsorship or represent to candidates that it is able to provide immigration sponsorship.

A worker who already holds immigration permission connected with another employer or sponsor will only be engaged or supplied by {{org_field_name}} where a prescribed right-to-work check confirms that the individual’s current immigration permission permits them to undertake the work in question for {{org_field_name}}.

Existing sponsorship by another organisation does not, by itself, establish that a worker is entitled to undertake temporary agency work for {{org_field_name}}.

Before engaging a worker whose immigration permission is connected with another sponsor, {{org_field_name}} will:

• Complete the appropriate right-to-work check.
• Confirm the immigration route and the conditions attached to the worker’s permission.
• Confirm whether additional or supplementary employment is permitted under that immigration route.
• Confirm that the proposed occupation and duties are permitted.
• Confirm any applicable restriction on working hours.
• Confirm that the proposed assignment will not take place during hours when the worker is contractually required to work for their sponsor.
• Retain evidence of the right-to-work check and any restrictions identified.
• Ensure that assignments are not offered where doing so would cause or facilitate a breach of the worker’s immigration conditions.

Where a Skilled Worker relies upon the supplementary employment provisions, {{org_field_name}} will only permit the supplementary work where the current Immigration Rules allow it. This includes ensuring that:

• The supplementary work does not exceed the maximum number of hours permitted under the applicable Immigration Rules, currently 20 hours per week.
• The supplementary work takes place outside the hours during which the worker is contractually required to work in their sponsored employment.
• The worker continues to undertake the employment for which they are sponsored, except where a specific Immigration Rule provides otherwise.
• The supplementary job falls within an occupation permitted by the applicable Immigration Rules.

Where additional employment requires separate sponsorship or a further Certificate of Sponsorship, {{org_field_name}} will not engage the individual in that employment while it does not hold the appropriate sponsor licence.

The same principle will be applied to workers holding other forms of immigration permission. Any restrictions shown by the Home Office right-to-work service or arising under the applicable Immigration Rules, including restrictions affecting students or other time-limited immigration categories, must be observed throughout the worker’s engagement.

If a worker’s immigration status or conditions change, the worker must notify {{org_field_name}} promptly and a further right-to-work assessment must be undertaken where required before further work is offered.

8. Equality and Diversity

All recruitment, selection, and employment practices will comply with The Equality Act 2010. {{org_field_name}} will:

• Treat all candidates fairly and without discrimination
• Ensure that no overseas worker is disadvantaged due to language, cultural background, or nationality
• Make reasonable adjustments where required to support equal access to employment
• Promote diversity and inclusion as core values of the organisation
• Ensure that equality principles are embedded in recruitment, induction, supervision, and ongoing employment

9. Recruitment of Overseas Workers

Recruitment and supply of overseas and migrant workers will comply with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003, as amended, in addition to applicable immigration, equality and employment legislation.

When recruiting overseas and migrant workers, {{org_field_name}} will:

• Conduct recruitment transparently, lawfully and without unlawful discrimination.
• Ensure that the worker’s identity is established before the worker is supplied to a hirer.
• Ensure that the worker has the experience, training, qualifications and any professional or statutory authorisation required by the hirer, by law or by the relevant professional body for the position concerned.
• Obtain confirmation that the worker is willing to undertake the particular position before supplying them to the hirer.
• Complete the appropriate right-to-work check before the worker starts work.
• Ensure that any restrictions imposed by the worker’s immigration status are compatible with the proposed role and assignment.
• Provide and agree the required written terms of engagement before providing work-finding services, in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
• Provide each new agency worker with the required Key Information Document before agreeing terms with the worker, where Regulation 13A of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 applies.
• Ensure that the Key Information Document contains the information required by law concerning the worker’s engagement and remuneration arrangements, including the minimum expected rate of pay, payment intervals, statutory and other deductions and any other information required by Regulation 13A.
• Provide the worker with the information required by law about an assignment, including the identity of the hirer, the nature of the hirer’s business, the start date and expected duration, the position and duties, location, working hours, known health and safety risks and the measures taken to control those risks, required experience, training, qualifications or authorisations, pay and relevant expenses.
• Ensure that workers are given any written statement of employment particulars or other contractual documentation to which they are legally entitled according to their employment status.
• Not charge a work-seeker a fee for finding or seeking to find them temporary work where charging such a fee is prohibited by the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
• Undertake all legally required suitability and safeguarding checks before supplying a worker.

Where a position requires a professional qualification or authorisation, or involves working with, caring for or attending a person under 18 or another person who by reason of age, infirmity or other circumstances is in need of care or attention, {{org_field_name}} will comply with the additional requirements of Regulation 22 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

This will include, where applicable:

• Obtaining copies of relevant qualifications or professional authorisations and offering to provide copies to the hirer.
• Obtaining two references from persons who are not relatives of the worker and who have agreed that their references may be disclosed to the hirer.
• Taking all other reasonably practicable steps to confirm that the worker is not unsuitable for the position where the work involves caring for, working with or attending vulnerable persons.
• Where all reasonably practicable steps have been taken but the agency has been unable to obtain all of the information required by Regulation 22, complying with the regulation to the extent possible and informing the hirer of what could not be obtained and the steps taken to obtain it.

Disclosure and Barring Service checks will only be requested at the level for which the particular role is legally eligible, and any other statutory or professional registration checks required for the role will be completed before supply.

No worker will be supplied to a hirer until the mandatory checks applicable to that worker and role have been completed or any specific statutory exception permitting supply has been satisfied.

10. Induction and Support

Overseas workers will receive a comprehensive induction which includes:

• Orientation to UK health and social care standards
• Introduction to the Code of Conduct, safeguarding, equality, and health and safety standards
• Clear explanation of their rights and responsibilities
• Support with understanding client-specific policies and workplace expectations
• Access to the Director or designated staff for pastoral support
• Access to mandatory training and further development opportunities

11. Supervision and Appraisal

Overseas workers will receive the same supervision and appraisal opportunities as all other staff. The Director will ensure:

• Regular supervision sessions are available
• Appraisals are conducted at least annually
• Support is provided to overcome language barriers, cultural adjustments, or unfamiliarity with UK care settings
• Feedback is provided in a constructive, supportive, and culturally sensitive manner

12. Preventing Exploitation

{{org_field_name}} has zero tolerance for the exploitation, unlawful discrimination or mistreatment of overseas and migrant workers.

Overseas and migrant workers will receive the same statutory employment and agency-worker protections as other workers where the relevant statutory conditions are satisfied. A worker’s nationality or immigration status will not be used to deny or reduce any statutory employment right to which the worker is entitled.

The Director will ensure that:

• Workers are paid not less than the applicable National Minimum Wage or National Living Wage required by law.
• Working time, rest periods, rest breaks and statutory annual leave comply with the Working Time Regulations 1998 and any other applicable statutory requirements.
• No unlawful deduction is made from a worker’s wages.
• Workers are informed clearly of their pay arrangements and applicable deductions.
• Overseas or migrant status is not used to subject a worker to less favourable contractual terms or treatment contrary to the Equality Act 2010 or other applicable legislation.
• Agency workers receive the rights to which they are entitled under the Agency Workers Regulations 2010.
• The agency obtains and records sufficient assignment information to identify when an agency worker has completed, or is approaching completion of, the applicable 12-week qualifying period in the same role with the same hirer.
• Once the qualifying period has been completed, the agency takes the steps required of it to ensure that the agency worker receives the same relevant basic working and employment conditions to which they would have been entitled had they been recruited directly by the hirer, as required by the Agency Workers Regulations 2010.
• The agency does not structure assignments or participate in arrangements designed to deprive an agency worker of rights under the Agency Workers Regulations 2010.
• Where relevant, hirers are reminded of their obligations concerning agency workers’ day-one access to collective facilities and amenities and information about relevant vacancies.
• Workers are protected from unlawful detriment or dismissal for asserting applicable statutory rights.
• Workers are encouraged to raise concerns regarding exploitation, illegal working, pay, discrimination or other wrongdoing through the appropriate complaints or whistleblowing procedure.
• Allegations of exploitation or unlawful treatment are investigated promptly and appropriate corrective or reporting action is taken.

Where {{org_field_name}} becomes aware that a worker may be a victim of modern slavery, forced labour, trafficking or another form of labour exploitation, the concern will be escalated immediately and dealt with in accordance with the organisation’s safeguarding, whistleblowing and incident-reporting procedures and any applicable legal reporting requirements.

13. Confidentiality

Candidate information will be collected, processed, stored, and shared in line with the Data Protection Act 2018 and the UK GDPR. The Director will ensure that:

• All personal and immigration-related information is handled confidentially
• Only authorised persons have access to candidate records
• Data is retained securely and only for as long as necessary

14. Training

Staff involved in recruitment and management will receive training covering:

• Right-to-work checks
• Immigration rules relevant to healthcare staffing
• Equality and diversity in recruitment
• Supporting overseas workers during induction and supervision
• Safeguarding and whistleblowing

All training will be reviewed annually and updated when legal or regulatory changes occur.

15. Incident and Complaint Management

Any concerns relating to the employment, treatment, or wellbeing of overseas workers will be:

• Investigated promptly by the Director
• Addressed in line with the Complaints and Whistleblowing Policies
• Reported to appropriate external bodies where required
• Recorded and reviewed to identify learning and improvement actions

16. Director’s Oversight

The Director will:

• Ensure full compliance with this policy
• Review the effectiveness of recruitment and support for overseas workers
• Monitor the treatment, supervision, and integration of overseas workers into the workforce
• Review incident and complaint data relating to overseas workers
• Ensure that learning is embedded into future recruitment, induction, and support processes

17. Policy Review

This policy will be reviewed annually by the Director or earlier if required by changes in immigration law, safeguarding guidance, or agency operational needs.

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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.