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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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International Recruitment and Employment Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} conducts international recruitment ethically, fairly, and in compliance with UK employment laws, Home Office regulations, and CQC standards. This policy provides clear guidance on the recruitment, employment, and integration of international staff to ensure a smooth and lawful hiring process while maintaining high-quality care services.

2. Scope

This policy applies to all international recruitment activities within {{org_field_name}}, covering:

• The recruitment of overseas workers for skilled roles, including nurses, care workers, and support staff.
• Compliance with UK immigration laws and visa sponsorship regulations.
• Ethical recruitment practices, including adherence to the Code of Practice for International Recruitment.
• Onboarding, training, and professional development of internationally recruited staff.
• Ensuring fair and equal treatment for all employees, irrespective of nationality.

3. Legal and Regulatory Framework

This policy will be implemented in accordance with the legislation, regulations, statutory requirements and government requirements applicable to international recruitment and employment in England, including:

• Health and Social Care Act 2008, including the regulatory framework governing the provision of regulated health and social care activities.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including:
  • Regulation 18 – Staffing; and
  • Regulation 19 – Fit and Proper Persons Employed, including the information required under Schedule 3.
• Health and Care Act 2022, including the requirement for CQC-registered providers to ensure that people working for the purposes of regulated activities receive training on learning disability and autism that is appropriate to their role.
• Oliver McGowan Code of Practice on Learning Disability and Autism Training, which must be taken into account when determining whether learning disability and autism training is appropriate to a person’s role.
• Immigration, Asylum and Nationality Act 2006, together with current Home Office right-to-work requirements and the Code of Practice on Preventing Illegal Working.
• Immigration Rules, including Appendix Skilled Worker, Appendix Skilled Occupations and any other immigration route relevant to the worker.
• Home Office Workers and Temporary Workers: Guidance for Sponsors, where {{org_field_name}} holds or uses a sponsor licence.
• Health and Care Worker visa requirements, where applicable to the role and individual concerned.
• Equality Act 2010, including the duties relating to discrimination, harassment, victimisation and reasonable adjustments.
• Data Protection Act 2018 and UK General Data Protection Regulation, in relation to the collection, verification, storage, use, retention and disclosure of personal information obtained during recruitment and sponsorship.
• Code of Practice for the International Recruitment of Health and Social Care Personnel in England, including the red, amber and green country arrangements and requirements relating to ethical recruitment organisations.

{{org_field_name}} will have regard to current CQC guidance, Home Office guidance and Department of Health and Social Care guidance relevant to international recruitment and will apply the version in force at the time the recruitment, sponsorship or employment decision is made.

4. Related Policies

This policy is linked to other {{org_field_name}} employment and compliance policies, including:

• CH26 – Recruitment, Selection, and Retention Policy
• CH19 – Fit and Proper Persons Employed Policy
• CH30 – Equality, Diversity, and Inclusion Policy
• CH27 – Staff Supervision, Training, and Development Policy
• CH35 – Duty of Candour Policy

5. Policy Statement

{{org_field_name}} is committed to ethical international recruitment practices that comply with UK laws and CQC standards. We strive to attract and retain skilled international staff while ensuring fairness, transparency, and equal opportunities for all employees. We actively support the integration and development of international recruits, ensuring they contribute effectively to the care home environment and enhance service quality.

6. Ethical Recruitment Practices

{{org_field_name}} will undertake international recruitment ethically, fairly and transparently and in accordance with the Code of Practice for the International Recruitment of Health and Social Care Personnel in England.

The following requirements apply:

• Code of Practice: All international recruitment of health and social care personnel will be undertaken in accordance with the current Code of Practice for the International Recruitment of Health and Social Care Personnel in England.
• Ethical Recruiters List: Where {{org_field_name}} uses a recruitment organisation, agency or recruitment collaboration for international health or social care recruitment, it will use an organisation appearing on the current Ethical Recruiters List and will check the list before entering into or continuing relevant recruitment arrangements.
• Red-list countries: {{org_field_name}} will not actively recruit health or social care personnel who are resident in a country on the current red list unless recruitment is expressly permitted under a government-to-government agreement.
• Amber-list countries: Active recruitment from an amber-list country will only take place where it is permitted by, and carried out strictly in accordance with, the relevant government-to-government agreement.
• Direct applications: An individual who is resident in a red-list or amber-list country may be considered where they have independently made a genuine direct application to a specific vacancy advertised and recruited to by {{org_field_name}}, provided that no recruitment organisation, agency, collaboration or other third party has actively targeted or facilitated the applicant contrary to the Code of Practice.
• Country of residence: For the purpose of determining whether the red, amber or green country rules apply, {{org_field_name}} will consider the applicant’s country of residence at the time of application rather than their nationality or country of origin.
• Current country status: The current red and amber country lists will be checked before international recruitment activity is commenced because country classifications and government-to-government agreements may change.
• Fair recruitment: Candidates will be assessed against objective requirements relating to the role, including their qualifications, competence, skills and experience. Recruitment decisions will comply with the Equality Act 2010 and applicants will not be treated less favourably because of nationality, race or another protected characteristic.
• Pre-employment checks: International recruitment does not replace or reduce the pre-employment checks required for other members of staff. All applicable checks required by Regulation 19 and Schedule 3 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 must be satisfactorily completed.

7. Right to Work and Visa Sponsorship

{{org_field_name}} will only employ a person where it has established that the person has a lawful right to work in the United Kingdom and is permitted to undertake the particular work offered.

Right-to-work checks

Before employment begins, {{org_field_name}} will carry out a right-to-work check using a method permitted by current Home Office guidance. The check will confirm both the individual’s identity and whether their immigration status permits them to undertake the proposed role.

Where an individual has time-limited permission to work, {{org_field_name}} will record the expiry or relevant follow-up date and will complete any further right-to-work check required by Home Office guidance before the statutory excuse expires.

Where the Home Office online right-to-work checking service is required, {{org_field_name}} will use that service and will retain the evidence required to establish the statutory excuse against liability for illegal working.

An expired physical Biometric Residence Permit will not be accepted as a manual right-to-work document. Where an individual holds digital immigration status or an eVisa, the appropriate Home Office online checking process will be used.

No person will be allowed to commence or continue work where {{org_field_name}} knows, or has reasonable cause to believe, that the person is not legally permitted to undertake that work.

Sponsorship

Where {{org_field_name}} sponsors a worker under the Skilled Worker route, including the Health and Care Worker arrangements where applicable, it will:

• hold a valid sponsor licence covering the relevant route;
• ensure that the proposed job is genuine and eligible for sponsorship;
• use the correct occupation code;
• ensure that the applicable skill, salary and other Immigration Rules requirements are satisfied;
• assign a Certificate of Sponsorship only where the organisation is permitted to do so;
• ensure that the duties actually undertaken by the sponsored worker are consistent with the role for which sponsorship has been granted;
• maintain the records required by the Home Office;
• monitor the worker in accordance with sponsor requirements; and
• report relevant events and changes through the Sponsorship Management System within the timescales required by the Home Office.

Care workers and senior care workers in England

Where {{org_field_name}} intends to sponsor a person under occupation code 6135 – Care workers and home carers or 6136 – Senior care workers to work in England, {{org_field_name}} must be actively registered with the Care Quality Commission and must be carrying on at least one regulated activity.

From 22 July 2025, {{org_field_name}} will not assign sponsorship under occupation codes 6135 or 6136 to a person who requires entry clearance from outside the United Kingdom.

A care worker or senior care worker may only be sponsored under those occupation codes where the person is already in the United Kingdom and satisfies the Immigration Rules and current Home Office requirements applicable to an application for permission to stay.

Where the relevant transitional provision requires the worker to have been working legally for {{org_field_name}} as a care worker or senior care worker before sponsorship, {{org_field_name}} will not assign the Certificate of Sponsorship until the required period of lawful employment has been completed. The organisation will apply the transitional arrangements and their expiry dates as set out in the Immigration Rules and current Home Office sponsor guidance.

The above requirement will not be applied in a way that removes or alters any specific transitional protection that the Immigration Rules provide to a worker who has continuously held qualifying Skilled Worker permission.

Sponsorship costs

{{org_field_name}} will pay sponsorship costs that Home Office rules require the sponsor to pay.

{{org_field_name}} will not require a sponsored worker to pay, reimburse or otherwise bear:

• a sponsor licence fee or associated administrative cost where recovery from the worker is prohibited by Home Office sponsor guidance;
• a Certificate of Sponsorship fee or associated administrative cost where recovery from the worker is prohibited; or
• any Immigration Skills Charge that {{org_field_name}} is required to pay.

No repayment agreement, salary deduction or other arrangement will be used to recover a fee or cost from a sponsored worker where Home Office requirements prohibit its recovery.

CQC Regulation 19 checks

Immigration status and sponsorship eligibility are separate from the fitness requirements under Regulation 19. Before an internationally recruited person is employed for the purposes of a regulated activity, {{org_field_name}} must ensure that the recruitment process has obtained and satisfactorily considered all applicable information required under Schedule 3, including:

• proof of identity, including a recent photograph;
• the applicable criminal-record and barred-list information where required;
• satisfactory evidence of conduct in previous employment concerned with health or social care, or children or vulnerable adults;
• where applicable and so far as reasonably practicable, satisfactory verification of the reason why previous employment involving children or vulnerable adults ended;
• satisfactory documentary evidence, so far as reasonably practicable, of relevant qualifications;
• a full employment history with a satisfactory written explanation of any gaps;
• relevant information concerning the person’s physical or mental health insofar as it relates to their ability, after reasonable adjustments, to perform tasks intrinsic to the role; and
• any other information required by law.

Where professional registration is legally required for the work performed or professional title used, the person’s current registration with the relevant professional regulator must be verified before they undertake that work and monitored thereafter.

8. Onboarding and Induction

All internationally recruited staff will receive an induction and level of support appropriate to their role, competence, experience and individual needs.

The induction and onboarding process will include, as applicable:

• an introduction to {{org_field_name}}, the care home, its values and expected standards of conduct;
• the employee’s role, responsibilities, lines of accountability and limits of competence;
• safeguarding responsibilities;
• health and safety requirements;
• infection prevention and control;
• medicines training and competency assessment where relevant to the role;
• moving and handling training where relevant;
• fire safety and emergency procedures;
• confidentiality, information governance and data protection;
• equality, diversity, human rights, dignity and respect;
• the Mental Capacity Act 2005 and associated requirements where relevant to the role;
• the policies, procedures and reporting arrangements relevant to the employee’s work;
• training and assessment against the Care Certificate standards where applicable;
• any specialist training required to meet the assessed needs of people using the service; and
• learning disability and autism training that is appropriate to the person’s role and meets the applicable statutory requirements and standards set out in the current Code of Practice.

The learning disability and autism training requirement applies to staff working for the purposes of the regulated activity at a level appropriate to their role. {{org_field_name}} will assess training needs, maintain evidence of the training provided and use supervision and competency assessment to ensure that staff understand how to interact appropriately with and support autistic people and people with a learning disability.

Internationally recruited staff will not undertake duties unsupervised until {{org_field_name}} is satisfied that they have the competence, skills and knowledge required for those duties. Appropriate direct or indirect supervision will be provided until competence has been demonstrated.

{{org_field_name}} will provide appropriate pastoral support to internationally recruited employees. This may include assistance with orientation, access to relevant services, workplace integration and signposting to independent sources of support. Pastoral support will not replace the employee’s right to raise concerns, grievances, safeguarding concerns or whistleblowing concerns through the appropriate procedures.

Training, support and competency requirements will continue after induction in accordance with Regulation 18. Training and development needs will be reviewed through supervision, appraisal, competency assessment and other relevant management processes.

9. Professional Development and Career Progression

• Recognition of International Qualifications – Ensuring recruits’ credentials are verified and accepted in the UK.
• Training and Upskilling – Continuous professional development opportunities, including NVQs and nursing revalidation.
• Pathways to Permanent Residency – Support for eligible staff seeking Indefinite Leave to Remain (ILR) in the UK.

10. Equality, Diversity and Inclusion

{{org_field_name}} will recruit, employ, support and develop internationally recruited staff in accordance with the Equality Act 2010.

Internationally recruited workers will be treated fairly in relation to contractual terms, pay, access to training, supervision, appraisal, workplace opportunities and career development, subject to lawful differences arising from the employee’s role, qualifications or immigration status.

{{org_field_name}} will:

• not discriminate unlawfully because of race, nationality, ethnic or national origin, religion or belief, sex, disability, age or any other protected characteristic;
• make reasonable adjustments for disabled applicants and employees where required by the Equality Act 2010;
• ensure that immigration and right-to-work checks are carried out consistently and without unlawful discrimination;
• promote an inclusive working environment and address harassment, bullying, victimisation or discriminatory treatment; and
• ensure that concerns raised by internationally recruited staff are considered through the same appropriate grievance, safeguarding, whistleblowing and employment procedures available to other staff.

Where information or signposting is provided concerning visas for partners, children or other family members, {{org_field_name}} will make clear that eligibility is determined by the Immigration Rules in force at the time.

In particular, care workers and senior care workers sponsored under occupation codes 6135 and 6136 are subject to restrictions on dependant partners and children unless an applicable transitional provision or other specific exception in the Immigration Rules applies.

{{org_field_name}} will not promise or guarantee that an employee or their family member will qualify for entry clearance, permission to stay, settlement or any other form of immigration permission.

11. Monitoring and Compliance

{{org_field_name}} will maintain systems to monitor compliance with CQC workforce requirements, employment law, right-to-work requirements, ethical international recruitment requirements and, where applicable, Home Office sponsor duties.

Monitoring will include:

• auditing recruitment files to ensure that Regulation 19 and Schedule 3 requirements have been completed and recorded;
• monitoring required Disclosure and Barring Service checks and other suitability information;
• verifying and monitoring professional registration where registration is required;
• monitoring the ongoing fitness, competence and conduct of employees;
• maintaining records of right-to-work checks and any required follow-up dates;
• monitoring the expiry and conditions of time-limited immigration permission;
• ensuring that sponsored workers undertake work permitted by their immigration status and consistent with their Certificate of Sponsorship;
• maintaining records required under the Home Office sponsor guidance;
• monitoring sponsored workers’ attendance and other relevant circumstances as required by sponsor guidance;
• reporting relevant changes or events through the Sponsorship Management System within the applicable Home Office reporting period;
• checking continued compliance with the Code of Practice for International Recruitment, including the current Ethical Recruiters List and the red and amber country lists;
• monitoring mandatory and role-specific training, supervision, appraisal and competency assessments;
• auditing compliance with the prohibition on recovering prohibited sponsorship fees or the Immigration Skills Charge from sponsored workers; and
• maintaining appropriate evidence of the action taken where a compliance concern is identified.

Where information indicates that an employee may no longer meet the requirements of Regulation 19, {{org_field_name}} will assess the matter without delay and take necessary and proportionate action to protect people using the service and ensure compliance with the Regulations.

Where the employee is a healthcare professional, social worker or other professional registered with a health or social care regulator and the circumstances require notification to that regulator, {{org_field_name}} will make the appropriate referral or notification.

Any report to CQC, the Home Office, a professional regulator, the Disclosure and Barring Service, safeguarding authorities or another statutory body will be made where required by law, regulation or the applicable reporting framework.

12. Responsibilities

Registered Manager

The Registered Manager is responsible for:

• ensuring that recruitment and deployment of internationally recruited staff comply with CQC Regulations 18 and 19;
• ensuring that internationally recruited employees are suitably qualified, competent, skilled and experienced for the duties they perform;
• ensuring that required Schedule 3 information and recruitment checks are available and satisfactory before deployment;
• ensuring that internationally recruited staff receive appropriate induction, training, supervision, appraisal and competency assessment;
• ensuring that concerns regarding a person’s fitness, competence or conduct are acted upon promptly and proportionately; and
• ensuring that required notifications or referrals to CQC, professional regulators, safeguarding bodies or other statutory organisations are made where applicable.

HR and Recruitment Team

The HR and Recruitment Team is responsible for:

• conducting international recruitment in accordance with this policy and the Code of Practice for International Recruitment;
• completing and recording required pre-employment and Regulation 19 checks;
• verifying right to work before employment commences;
• arranging appropriate follow-up right-to-work checks for employees with time-limited permission;
• checking applicable immigration and sponsorship requirements before any offer dependent on sponsorship is confirmed;
• maintaining accurate recruitment, employment and immigration records;
• ensuring that immigration and recruitment practices comply with the Equality Act 2010 and data protection legislation; and
• escalating any concern about eligibility, right to work, sponsorship or regulatory fitness promptly.

Authorising Officer and Sponsorship Management System Users

Where {{org_field_name}} holds a sponsor licence, the Authorising Officer and authorised Sponsorship Management System users are responsible, within their allocated roles, for:

• maintaining the sponsor licence in accordance with Home Office requirements;
• assigning Certificates of Sponsorship only to eligible workers for eligible and genuine roles;
• ensuring that sponsorship information is accurate;
• maintaining required sponsorship records;
• monitoring sponsored workers;
• reporting relevant changes and events to the Home Office within applicable timescales;
• ensuring that prohibited sponsorship costs are not passed to or recovered from sponsored workers; and
• escalating any actual or suspected breach of sponsor duties immediately.

Training and Development Lead

The Training and Development Lead is responsible for:

• coordinating induction and mandatory training;
• ensuring that training reflects the employee’s role and the needs of people using the service;
• ensuring that learning disability and autism training appropriate to each person’s role is provided and monitored;
• maintaining evidence of training and competency assessments; and
• escalating overdue or incomplete mandatory training.

Employees

All employees, including internationally recruited employees, are responsible for:

• providing truthful and accurate recruitment, qualification, registration and immigration information;
• complying with the lawful conditions of their immigration permission;
• informing {{org_field_name}} promptly of any change that may affect their right to work or ability to undertake their role;
• maintaining professional registration where this is required for their role;
• completing required induction, training, supervision and competency assessments; and
• complying with {{org_field_name}} policies and procedures.

13. Consequences of Non-Compliance

Failure to comply with international recruitment, right-to-work, sponsorship, employment or CQC requirements may have serious consequences for {{org_field_name}} and for the individual concerned.

Sponsor licence consequences

Where {{org_field_name}} holds a sponsor licence, failure to comply with Home Office sponsor duties may result in compliance action including:

• downgrading of the sponsor licence;
• suspension of the sponsor licence;
• revocation of the sponsor licence;
• restrictions on further sponsorship; or
• other action available to the Home Office under the Immigration Rules and sponsor guidance.

Revocation of the sponsor licence may result in the Home Office taking action in relation to the immigration permission of workers sponsored by {{org_field_name}}.

Illegal working

{{org_field_name}} will not knowingly employ or continue to employ a person who does not have permission to undertake the work concerned.

Where a person’s right to work has expired, been cancelled or otherwise ceased, or their immigration status no longer permits the work undertaken, {{org_field_name}} will take prompt action in accordance with immigration law and applicable employment law and procedures.

The decision to grant, refuse, vary or cancel immigration permission is a matter for the Home Office. {{org_field_name}} does not have authority to cancel or curtail an individual’s immigration permission.

CQC consequences

Failure to comply with Regulations 18 or 19, or other applicable requirements of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, may result in CQC taking regulatory or enforcement action against {{org_field_name}} or affecting its registration.

Employee conduct

Where an employee provides false or misleading information, fails to disclose information they are required to disclose, breaches a lawful immigration condition, loses a legally required professional registration or otherwise fails to meet requirements necessary for their role, {{org_field_name}} will investigate and take appropriate action in accordance with applicable law and its employment procedures.

Any disciplinary action or termination of employment will be considered on the individual facts and carried out through a fair and lawful process. Automatic termination will not occur merely because a compliance concern has been raised.

14. Policy Review

This policy will be reviewed annually or sooner if legislative changes or business needs require amendments.

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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.