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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 establish a structured, fair, and legally compliant approach to international recruitment and employment at {{org_field_name}}. This policy ensures that all recruitment processes comply with UK employment law, CIW regulations, and ethical recruitment standards, while providing a supportive and inclusive working environment for international employees. The policy aligns with the Regulation and Inspection of Social Care (Wales) Act 2016, UK Home Office visa sponsorship requirements, and the Code of Practice for the International Recruitment of Health and Social Care Personnel in England (applied in Wales). This policy also seeks to protect the rights of international recruits, ensuring they are treated with fairness, dignity, and provided with appropriate support.

2. Scope

This policy applies to all staff members involved in recruitment, employment, and supervision of internationally recruited employees, including HR personnel, senior management, and care home staff. It covers recruitment, onboarding, visa sponsorship, employment rights, training, and retention of international workers. This policy also applies to external recruitment agencies and partners involved in sourcing international candidates, ensuring that all parties adhere to ethical and legal employment practices. The policy includes provisions for monitoring, compliance, and continuous improvement of international recruitment strategies.

3. Principles of International Recruitment and Employment

Legal and Ethical Recruitment Practices

• All international recruitment must be transparent, ethical and compliant with applicable UK employment law, immigration law, Welsh social care legislation and regulatory requirements.
• Any recruitment agency or other recruitment partner used by {{org_field_name}} must be reputable and operate in accordance with applicable employment agency legislation and the Code of Practice for the International Recruitment of Health and Social Care Personnel in England, which applies to international recruitment undertaken by health and social care employers in Wales.
• International applicants must not be charged recruitment fees for finding or securing employment with {{org_field_name}}. Recruitment arrangements must not expose workers to unlawful recruitment fees, debt bondage, financial exploitation or other improper recruitment practices.
• Where {{org_field_name}} has agreed to meet recruitment, relocation or other employment-related costs, the arrangements must be explained clearly to the applicant before employment begins. Any proposed repayment provisions must comply with applicable employment, immigration and ethical recruitment requirements and must not require a worker to repay costs which the law or Home Office sponsor guidance requires the employer or sponsor to bear.
• International candidates must be provided with clear, accurate and understandable information before accepting employment, including information about:
  • their job title and principal duties;
  • normal place of work;
  • working hours and shift arrangements;
  • salary and any permitted deductions;
  • holiday entitlement;
  • probationary arrangements;
  • accommodation arrangements, where accommodation is offered or facilitated by {{org_field_name}};
  • immigration and sponsorship arrangements, where applicable;
  • professional or Social Care Wales registration requirements;
  • employment rights;
  • relevant organisational policies and procedures; and
  • any relocation or pastoral support offered by {{org_field_name}}.
• Terms offered during recruitment must correspond with the worker’s actual employment arrangements and must not be changed improperly following arrival or commencement of employment.
• Internationally recruited staff must not receive less favourable treatment because of their nationality, race, ethnic or national origin, immigration status or any other protected characteristic.
• Where an agency or other third party supplies a worker to the service, {{org_field_name}} must satisfy itself before deployment that the worker has been subject to the same statutory fitness, identity, DBS, reference, qualification, registration and other required checks as a directly employed member of staff. Documentary evidence, or sufficiently detailed written assurance of those checks, must be available to the service.
• {{org_field_name}} must have arrangements for assuring itself that any recruitment agency or labour supplier used by the service operates reliable and robust recruitment and vetting processes.

Compliance with Immigration and Visa Requirements

• Where sponsorship is required, {{org_field_name}} must hold a valid Home Office sponsor licence and must only assign a Certificate of Sponsorship where the role and the worker satisfy the current Immigration Rules and Home Office sponsor guidance.
• From 22 July 2025, new overseas entry-clearance applications for care workers and senior care workers under occupation codes 6135 and 6136 are closed. {{org_field_name}} must therefore not recruit a new care worker or senior care worker from overseas on the basis that they can obtain entry clearance under those occupation codes. Sponsorship for these roles must only be used where the worker qualifies under the current Immigration Rules, including any applicable in-country or transitional provisions.
• Before assigning a Certificate of Sponsorship, {{org_field_name}} must confirm that:
  • the role is eligible for sponsorship;
  • the applicable occupation code is correct;
  • the worker is eligible for the relevant immigration route;
  • the applicable salary requirements are met;
  • any route-specific conditions are satisfied; and
  • the proposed employment is genuine and corresponds with the information stated on the Certificate of Sponsorship.
• Every sponsored worker must meet all applicable requirements of the Immigration Rules for the immigration route under which they are employed.
• Immigration eligibility must not be treated as evidence that an individual is automatically fit to work in a Welsh care home. {{org_field_name}} must separately establish the individual’s fitness to work in accordance with Regulation 35 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.
• {{org_field_name}} must complete a prescribed right-to-work check before employment begins and must retain the required evidence of that check in accordance with current Home Office requirements.
• Right-to-work checks must establish both:
  • that the person has a lawful right to work in the United Kingdom; and
  • that the person’s immigration permission allows them to undertake the particular work being offered.
• Where a worker has time-limited permission to work, a further prescribed right-to-work check must be completed before the existing permission or statutory excuse expires.
• Where the worker holds digital immigration status and an online check is required, {{org_field_name}} must use the Home Office online right-to-work checking service and retain evidence of the result in the prescribed manner.
• An expired physical Biometric Residence Permit must not be accepted as evidence of a person’s current right to work.
• Where an individual cannot produce the usual evidence because an immigration application, administrative review or appeal is outstanding, {{org_field_name}} must use the Home Office Employer Checking Service where this is required to establish a statutory excuse.
• Visa sponsorship and immigration records must be monitored throughout sponsored employment. {{org_field_name}} must comply with all applicable sponsor reporting and record-keeping duties, including reporting relevant changes or events to UK Visas and Immigration within the timescales required by current sponsor guidance.
• Records relating to sponsorship, immigration permission and right-to-work checks must be securely retained for the period required by applicable legislation and Home Office guidance and must be accessible for inspection where legally required.
• {{org_field_name}} must not knowingly employ a person who does not have the right to undertake the work for which they are employed.
• Where a worker’s immigration status changes, expires or becomes uncertain, the matter must be referred promptly to the person responsible for immigration compliance. The worker must not continue to undertake work where {{org_field_name}} cannot establish a lawful right to work.
• {{org_field_name}} must not require a sponsored worker to pay or reimburse any sponsorship fee, levy or associated administrative cost which current Home Office sponsor guidance requires the sponsor to bear. This includes the Immigration Skills Charge and any other sponsor licence, Certificate of Sponsorship or associated sponsorship costs which the Home Office prohibits a sponsor from recouping from the sponsored worker.

Pre-Employment Screening and Onboarding

• Internationally recruited applicants are subject to the same statutory recruitment, vetting and fitness requirements as all other persons appointed to work at the service.
• Before any internationally recruited person is permitted to work at the service, {{org_field_name}} must complete and retain all recruitment and fitness checks required by Regulation 35 and Schedule 1 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.
• These checks must include, as applicable:
  • satisfactory proof of identity, including a recent photograph;
  • an appropriate criminal record certificate and enhanced DBS certificate, including barred-list information where required for the role;
  • two satisfactory written references, including a reference from the person’s most recent employer, if any;
  • where the person has previously worked in a position involving children or vulnerable adults, verification, so far as reasonably practicable, of the reason why that employment or position ended;
  • documentary evidence of relevant qualifications;
  • verification of professional registration or Social Care Wales registration where applicable;
  • evidence that the individual has the qualifications, skills, competence and experience necessary for the work they will perform;
  • confirmation that the individual is of suitable integrity and good character;
  • confirmation that the person is able, after any reasonable adjustments have been made, to perform the tasks intrinsic to the role;
  • satisfactory employment history and explanation of relevant gaps or discrepancies where required;
  • a compliant right-to-work check; and
  • any other information or documentation required by Regulation 35 and Schedule 1.
• References, employment history, qualifications, registration and other recruitment information must be verified sufficiently to enable {{org_field_name}} to make an informed decision about the applicant’s fitness and suitability. Checks must not be treated as a purely administrative exercise.
• Where concerns, discrepancies or unexplained information arise during recruitment, these must be investigated and resolved before a final decision is made about the applicant’s suitability to work at the service.
• A person must not be permitted to work merely because they have obtained immigration permission or sponsorship. Appointment and deployment remain subject to satisfactory completion of all applicable Welsh regulatory fitness requirements.

Disclosure and Barring Service Requirements

• DBS and workforce fitness requirements must remain under review throughout employment.
• The appropriate DBS certificate must be applied for by, or on behalf of, {{org_field_name}} for the purpose of assessing the person’s suitability for the relevant post unless the individual is registered with the DBS Update Service and the statutory conditions for checking their certificate status are met.
• Where a person appointed to a relevant post is registered with the DBS Update Service, {{org_field_name}} must check the person’s DBS certificate status at least annually.
• Where a person appointed to a relevant post is not registered with the DBS Update Service, {{org_field_name}} must apply for a new DBS certificate within three years of the issue of the certificate obtained for appointment and must thereafter obtain a further DBS certificate at least every three years.
• Where information comes to light indicating that a staff member may no longer satisfy the fitness requirements in Regulation 35, {{org_field_name}} must take necessary and proportionate action without delay to protect individuals receiving care and support.
• Where appropriate, this action must include informing:
  • Social Care Wales or another relevant professional or regulatory body;
  • the Disclosure and Barring Service;
  • the police;
  • the local authority safeguarding team; and/or
  • Care Inspectorate Wales,

where the relevant legal or regulatory threshold for referral or notification is met.

• {{org_field_name}} must comply with its statutory duty to make a referral to the Disclosure and Barring Service where the legal referral conditions under the Safeguarding Vulnerable Groups Act 2006 are satisfied, including where a person has been removed from regulated activity, or would have been removed had they not resigned or otherwise ceased working, because the relevant harm or risk-of-harm criteria are met.

Social Care Wales Registration

• Internationally recruited employees are subject to the same Social Care Wales registration requirements as other social care workers employed in Wales.
• An adult care home worker working in a role for which registration with Social Care Wales is legally required must apply for and obtain registration no later than six months from the date on which they start working in that role, unless the service regulator has agreed a later date in exceptional circumstances where the Regulations permit this.
• A person appointed to work as an adult care home manager must hold the Social Care Wales registration required for that management role before their first day working as the manager.
• {{org_field_name}} must verify the registration status of workers and managers for whom registration is mandatory and must maintain appropriate evidence of registration.
• {{org_field_name}} must support registered workers to maintain their registration and meet the requirements of Social Care Wales.
• Registration status must be monitored during employment. Appropriate and timely action must be taken where registration lapses, is suspended, is made subject to relevant conditions, or where Social Care Wales determines that a worker is no longer entitled to practise.
• A person must not continue to undertake work for which registration is legally required where the required registration has not been obtained or maintained.

Induction and Onboarding

• A structured induction programme must be provided to all internationally recruited workers and must be appropriate to the worker’s role and responsibilities.
• Induction must include, as applicable:
  • the Regulation and Inspection of Social Care (Wales) Act 2016;
  • the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended;
  • the service’s Statement of Purpose;
  • relevant organisational policies and procedures;
  • the Code of Professional Practice for Social Care;
  • safeguarding responsibilities and the Wales Safeguarding Procedures;
  • whistleblowing and raising concerns;
  • duty of candour;
  • confidentiality, information governance and record keeping;
  • health and safety;
  • infection prevention and control;
  • moving and handling, where applicable;
  • medication responsibilities, where applicable;
  • person-centred care;
  • dignity and respect;
  • equality, diversity and human rights;
  • communication and language needs, including the Welsh language requirements relevant to the service;
  • emergency procedures;
  • the worker’s individual role and responsibilities;
  • professional boundaries;
  • the service’s management and reporting arrangements; and
  • any specialist training required to meet the needs of individuals using the service.
• Social care workers must complete the relevant induction programme required by Social Care Wales within the applicable timescale, together with any service-specific induction required by {{org_field_name}}.
• No internationally recruited employee may be allocated duties for which they have not been assessed as competent.
• Where a worker requires additional supervision, shadowing or competency assessment before undertaking duties independently, those arrangements must be documented and maintained until the worker has demonstrated the required competence.
• International employees will be provided with an identified manager, supervisor, mentor or key contact during their induction period to support their transition into the service and ensure that concerns relating to practice, competence, employment or integration can be raised promptly.

Equal Opportunities and Inclusivity

• Internationally recruited workers must receive equal treatment and employment opportunities in accordance with applicable employment and equality legislation.
• Pay, terms and conditions must not be less favourable because a worker has been internationally recruited, sponsored or holds a particular nationality or immigration status.
• Decisions relating to recruitment, training, promotion, disciplinary action, allocation of work, access to development opportunities and termination of employment must not unlawfully discriminate against an employee because of a protected characteristic.
• Any discrimination, harassment, victimisation or other unfair treatment must be addressed in accordance with the Equality and Diversity Policy (CHW22), Managing Employee Conduct and Grievance Policy (CHW41) and applicable employment law.
• Reasonable adjustments must be considered and made for disabled workers where required by the Equality Act 2010.
• Religious, cultural and other individual needs should be accommodated where reasonably practicable, provided that doing so does not compromise the safety, rights or care and support needs of individuals using the service or conflict with a legal requirement.

Training, Development and Career Progression

• Internationally recruited workers must receive the training, learning and development necessary to perform their role safely, competently and in accordance with the needs of individuals using the service.
• International workers must have access to relevant professional development, qualifications and career development arrangements on an equitable basis.
• Staff must receive appropriate supervision and appraisal in accordance with Regulation 36 and the organisation’s Staff Training and Development Policy.
• Additional training, learning and development requirements must be identified within the first month of employment and subsequently reviewed through supervision, appraisal and competency assessment.
• Staff must receive core training appropriate to the work they perform and specialist training where this is necessary to meet the assessed needs of individuals using the service.
• {{org_field_name}} must maintain written records of staff training, supervision, appraisal, competency and development requirements.
• Where additional English language development is necessary to enable an employee to communicate safely and effectively in their role, appropriate support or training may be provided. However, such support does not replace any statutory, professional or immigration-related language requirement applicable to the role.
• Shadowing and buddy arrangements may be used as part of induction and competence development but must not replace formal supervision, required training or competency assessment.

Staff Well-being and Retention

• International employees must have access to the same staff well-being arrangements and employment support as other employees.
• Internationally recruited staff must be informed of how to raise concerns, grievances, safeguarding concerns and whistleblowing concerns without fear of inappropriate retaliation.
• No worker may be threatened with withdrawal of sponsorship, dismissal, immigration consequences or other detriment for raising a legitimate concern, making a protected disclosure, reporting abuse or unsafe practice, exercising a statutory employment right or participating in a regulatory or safeguarding investigation.
• Where {{org_field_name}} provides or assists with accommodation, banking, transport or other relocation arrangements, these arrangements must be transparent and must not be used to create improper dependency upon the employer.
• Any deductions from wages must be lawful, transparent and properly authorised.
• Regular supervision and feedback arrangements must provide international employees with an opportunity to raise concerns relating to their employment, workload, training, well-being, integration, discrimination, sponsorship or professional responsibilities.
• Career mentoring, professional development and progression opportunities may be used to support retention, provided that access to such opportunities is fair and non-discriminatory.

4. Staff Training and Responsibilities

• HR staff and any other employees responsible for international recruitment or sponsorship must have sufficient knowledge of current immigration requirements, right-to-work requirements, sponsor duties, employment law and ethical international recruitment requirements to perform their responsibilities lawfully and effectively.
• Employees responsible for assigning Certificates of Sponsorship, maintaining sponsor records or reporting to UK Visas and Immigration must understand and comply with the organisation’s duties as a licensed sponsor.
• The Registered Manager must ensure that internationally recruited staff are only deployed where all required pre-employment checks have been completed and the worker has the qualifications, skills, competence, experience, registration and legal right to undertake the duties assigned to them.
• The Registered Manager must ensure that internationally recruited staff receive an induction appropriate to their role and that their competence is assessed before they undertake duties independently.
• Line managers must provide internationally recruited staff with appropriate supervision, support and appraisal in accordance with the requirements applicable to all staff.
• Line managers must identify and address any training, competency, communication or practice concerns promptly and must not assume that immigration sponsorship, professional qualifications obtained overseas or previous employment automatically demonstrate competence to perform a particular task within the service.
• All staff must understand their responsibilities under the service’s safeguarding, whistleblowing, equality and diversity, dignity and respect, grievance and disciplinary arrangements.
• All staff must be aware that internationally recruited colleagues have the same right to raise concerns about unsafe or improper practice and must not subject any worker to bullying, harassment, victimisation or retaliation because they have raised a concern.
• Senior leadership must maintain oversight of international recruitment and sponsorship arrangements and must ensure that breaches of immigration, employment, ethical recruitment, safeguarding or regulatory requirements are investigated and addressed promptly.
• Where concerns arise about the fitness of an internationally recruited worker to practise, the Registered Manager and service provider must consider all applicable reporting and referral obligations, including referrals to Social Care Wales, the Disclosure and Barring Service, the local authority safeguarding team, police, Care Inspectorate Wales or another relevant professional regulator.
• {{org_field_name}}, as an employer of social care workers, must comply with the current Code of Professional Practice for Social Care Employers published by Social Care Wales under section 112 of the Regulation and Inspection of Social Care (Wales) Act 2016.
• Internationally recruited staff must be made aware of the Code of Professional Practice for Social Care applicable to their role.
• {{org_field_name}} must ensure that relevant professional standards, registration conditions and practice requirements are incorporated into induction, supervision, appraisal and ongoing employment arrangements.
• The service provider must support staff who are required to register with Social Care Wales or another professional regulator to obtain and maintain the registration necessary for their role.
• Managers must monitor required registrations and must take appropriate action where a worker does not obtain registration within the legally permitted period or where registration expires, is suspended, is cancelled or otherwise ceases to permit the worker to carry out the relevant role.
• Staff responsible for recruitment must ensure that recruitment records contain sufficient evidence to demonstrate compliance with Regulation 35 and Schedule 1 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.
• Recruitment, sponsorship, training, supervision and workforce records must be made available to Care Inspectorate Wales or another competent authority where this is lawfully required.

5. Related Policies and Mandatory Regulatory Framework

Related Organisational Policies

This policy must be read alongside the following {{org_field_name}} policies and procedures:

• CHW07 – Person-Centred Care Policy
• CHW08 – Dignity and Respect Policy
• CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy
• CHW22 – Equality and Diversity Policy
• CHW36 – Staff Training and Development Policy
• CHW41 – Managing Employee Conduct and Grievance Policy

Where applicable, this policy must also be read alongside the organisation’s:

• recruitment and selection procedures;
• Disclosure and Barring Service procedures;
• whistleblowing policy;
• right-to-work checking procedures;
• sponsorship compliance procedures;
• disciplinary procedures;
• data protection and confidentiality procedures; and
• staff supervision and appraisal procedures.

Mandatory Legislation, Regulations and Regulatory Framework

This policy is informed by and must be implemented in accordance with the current versions of the following, where applicable:

• Regulation and Inspection of Social Care (Wales) Act 2016.
• Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, including in particular:
  • Regulation 12 – requirements to provide the service in accordance with policies and procedures;
  • Regulation 34 – staffing;
  • Regulation 35 – fitness of staff;
  • Schedule 1 – information and documentation required in respect of persons working at the service;
  • Regulation 36 – supporting and developing staff;
  • Regulation 37 – compliance with the employer’s code of practice;
  • Regulation 38 – information for staff; and
  • Regulation 39 – disciplinary procedures.
• Welsh Government statutory guidance for service providers and responsible individuals on meeting the service standard regulations for care home services, as amended or replaced from time to time.
• Social Services and Well-being (Wales) Act 2014, where applicable.
• Safeguarding Vulnerable Groups Act 2006.
• Protection of Freedoms Act 2012.
• Equality Act 2010.
• Employment Rights Act 1996.
• Immigration, Asylum and Nationality Act 2006.
• Current Immigration Rules applicable to sponsored workers.
• Current Home Office guidance for Skilled Worker and Health and Care Worker visa applicants.
• Current Home Office Workers and Temporary Workers sponsor guidance.
• Current Home Office guidance on right-to-work checks.
• Code of Practice for the International Recruitment of Health and Social Care Personnel in England, insofar as it applies to recruitment undertaken by health and social care employers in Wales.
• Code of Professional Practice for Social Care Employers, Social Care Wales.
• Code of Professional Practice for Social Care, Social Care Wales.
• Current Social Care Wales registration requirements and relevant practice guidance.
• Wales Safeguarding Procedures.

Where legislation, regulations, statutory guidance, Home Office requirements or Social Care Wales requirements change, {{org_field_name}} must review this policy and related procedures and make any amendments necessary to maintain legal and regulatory compliance.

6. Monitoring and Review

This policy will be reviewed annually or sooner if required due to changes in UK immigration laws, CIW regulations, or ethical recruitment practices. Feedback from international recruits, HR personnel, and external partners will be used to enhance recruitment and retention strategies.

• Compliance audits will be conducted regularly to ensure adherence to visa sponsorship rules and ethical employment practices.
• Exit interviews with international employees will be used to assess job satisfaction, reasons for leaving, and areas for improvement.
• The impact of international recruitment on workforce stability will be evaluated to ensure long-term sustainability and quality of care.

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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.