Registration Number: {{org_field_registration_no}}

International Recruitment and Employment Policy

1. Purpose and Scope

The purpose of this International Recruitment and Employment Policy is to establish clear guidelines for the ethical and efficient recruitment, onboarding, and employment of international staff within {{org_field_name}}. This policy ensures compliance with legal frameworks, promotes fair treatment, and upholds our commitment to safe, person-centred care.

This policy applies to all international applicants, employees, recruiters, managers, and HR personnel involved in recruitment and employment processes. It covers all stages, including sourcing, selection, employment contracts, onboarding, and ongoing support.

2. Policy Statement

{{org_field_name}} is committed to:

Ethical international recruitment practices aligned with UK government guidelines.
Providing equal opportunities for all candidates, regardless of nationality.
Supporting international staff throughout employment, ensuring integration and well-being.
Ensuring compliance with immigration laws, sponsorship requirements, and employment standards.
Promoting diversity, inclusion, and cultural competence within the workforce.

3. Legal and Regulatory Framework

International recruitment and sponsorship undertaken by {{org_field_name}} will comply with applicable legislation, Immigration Rules, sponsor requirements and current national guidance, including:

Immigration, Asylum and Nationality Act 2006, including prevention of illegal working requirements.
Current Immigration Rules, including Appendix Skilled Worker and requirements applying to the Health and Care Worker visa.
Current Home Office Workers and Temporary Workers sponsor guidance, including sponsor duties and compliance requirements.
Employment Agencies Act 1973, where applicable to recruitment and work-finding services.
Equality Act 2010.
Modern Slavery Act 2015.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, particularly Regulation 19 – Fit and proper persons employed.
Current CQC requirements concerning recruitment, suitability and employment records.
Current Code of Practice for the International Recruitment of Health and Social Care Personnel in England.
Current Disclosure and Barring Service requirements.
UK GDPR and Data Protection Act 2018, as amended, in relation to recruitment, immigration and employment records.

Sponsorship

Where {{org_field_name}} sponsors workers under the Skilled Worker route, it will:

Hold the appropriate valid sponsor licence.
Only sponsor genuine eligible roles.
Use the correct occupation code.
Pay at least the applicable immigration salary threshold and comply with National Minimum Wage requirements.
Meet applicable CQC-registration requirements.
Maintain required sponsorship records.
Meet Home Office reporting duties.
Conduct lawful right-to-work checks.
Comply with all conditions attached to its sponsor licence.

{{org_field_name}} will check the Immigration Rules and current sponsor guidance before assigning a Certificate of Sponsorship because immigration eligibility, salary thresholds and occupation requirements may change.

4. Ethical International Recruitment Principles

{{org_field_name}} will follow the current Code of Practice for the International Recruitment of Health and Social Care Personnel in England.

4.1. Red, Amber and Green Countries

International recruitment activity will take account of the current red, amber and green country classifications.

Red Countries

{{org_field_name}} will not actively target health or social care workers who are resident in a country on the current red list unless recruitment is expressly permitted under an applicable government-to-government agreement.

This prohibition concerns active recruitment.

A person resident in a red-list country may still make an independent direct application to a specific vacancy advertised by {{org_field_name}}, where this falls within the direct-application exception in the Code of Practice.

{{org_field_name}} will not use an agency or other third party to target individuals resident in a red-list country contrary to the Code.

Amber Countries

Recruitment from an amber-list country will only take place in accordance with the terms of the relevant government-to-government agreement.

Green Countries

Active international recruitment may take place from countries not designated red or amber, subject to the applicable Immigration Rules and the Code of Practice.

The current country list will be checked before any international recruitment campaign begins.

4.2. Recruitment Agencies

Where {{org_field_name}} uses an international recruitment organisation, agency or collaboration, it will use organisations operating in accordance with the Code of Practice and, where applicable, appearing on the current Ethical Recruiters List.

The provider will remain involved in and accountable for its recruitment decisions.

4.3. Recruitment Fees

International candidates must not be charged a fee by a recruitment organisation for providing a work-finding service.

{{org_field_name}} will not contract with a recruitment organisation which charges candidates prohibited recruitment fees.

4.4. Sponsorship Costs

{{org_field_name}} will not require or permit a sponsored worker to repay costs which the sponsor is required to bear.

In particular, where prohibited by current sponsor guidance, {{org_field_name}} will not recover or attempt to recover from the sponsored worker:

The sponsor licence fee.
Associated sponsor-licence administrative costs.
The Certificate of Sponsorship fee.
Associated Certificate of Sponsorship administrative costs.
The Immigration Skills Charge.
Recruitment agency fees which are the employer’s responsibility.
Employer interview or recruitment-process costs.

Attempting to recover prohibited sponsorship costs may result in Home Office compliance action, including revocation of the sponsor licence.

4.5. Other Repayment Clauses

Where {{org_field_name}} has genuinely paid other permitted expenses on behalf of an international recruit, for example certain:

Relocation costs.
Visa application costs.
Professional registration costs.

any repayment clause will be:

Clearly explained before the person accepts employment.
Set out in writing.
Based only on genuine and evidenced costs.
Transparent.
Proportionate.
Time-limited.
Flexible according to individual circumstances.
Structured so that repayable amounts reduce over time.

No interest will be added to recoverable recruitment expenses.

4.6. Fair Treatment

International staff will not be treated less favourably because of nationality, immigration background or sponsorship status.

Employment contracts must not be substituted or materially changed without appropriate agreement merely because a worker depends on {{org_field_name}} for immigration sponsorship.

5. Recruitment Process

The recruitment process for international staff includes the following stages:

5.1 Workforce Planning:

Before seeking to sponsor an individual, {{org_field_name}} will confirm:

That there is a genuine vacancy.
That the role is eligible for sponsorship.
The correct SOC occupation code.
The applicable salary requirement.
The required skill level.
Whether the Health and Care Worker visa is available for that occupation.
Any additional immigration requirements applying to that occupation.
That sufficient sustainable work is available for the proposed period of sponsorship.

A role must not be created, exaggerated or incorrectly coded mainly to enable a person to obtain immigration permission.

5.2. Care Workers and Senior Care Workers – England

Special immigration restrictions apply to:

SOC 6135 – Care workers and home carers.
SOC 6136 – Senior care workers.

From 22 July 2025, {{org_field_name}} cannot newly sponsor a care worker or senior care worker under these occupation codes where that person will apply for entry clearance from outside the UK.

A Defined Certificate of Sponsorship must therefore not be sought for a new overseas applicant under SOC 6135 or 6136.

A care worker or senior care worker may currently be sponsored from within the UK only where the applicable Immigration Rules are met.

This includes where the person:

Is already in the UK.
Is eligible to apply for permission to stay.
Has been legally working for {{org_field_name}} as a care worker or senior care worker for at least 3 months before the Certificate of Sponsorship is assigned; or
Was previously granted Skilled Worker permission in SOC 6135 or 6136, or the relevant predecessor occupation code, and has maintained the required continuous Skilled Worker permission.

The three-month in-country transitional provision currently requires the application for permission to stay to be made no later than 22 July 2028, unless the Government changes or extends that arrangement.

Where relying on the three-month provision, {{org_field_name}} will retain evidence that the individual worked legally for the organisation for the required period before the Certificate of Sponsorship was assigned.

5.3. CQC Requirement for Care Worker Sponsorship

Where {{org_field_name}} sponsors a care worker or senior care worker under SOC 6135 or 6136 for work which includes a location in England, the organisation must:

Hold active CQC registration.
Be currently carrying on at least one regulated activity.

The organisation’s CQC registration number and required working-location information will be included in the Certificate of Sponsorship process where required.

If {{org_field_name}} ceases to meet applicable CQC-registration requirements, this will be escalated immediately because it may affect the sponsor licence and sponsored workers.

5.4. Other Eligible International Roles

The closure of overseas recruitment under SOC 6135 and 6136 does not automatically prohibit international recruitment into every health or social care occupation.

{{org_field_name}} may recruit another eligible occupation internationally where:

The occupation remains eligible under the current Immigration Rules.
The organisation is authorised to sponsor that role.
The candidate meets the relevant visa requirements.
The applicable salary and skill requirements are met.
Professional registration requirements are satisfied where applicable.

Eligibility will be verified before recruitment is advertised or a Certificate of Sponsorship is assigned.

5.5. Candidate Sourcing

International candidates will be sourced through lawful and ethical methods.

Recruitment advertising will:

Accurately describe the vacancy.
State the genuine working location.
Accurately describe salary and hours.
Avoid misleading promises concerning sponsorship.
Avoid prohibited active recruitment from red-list countries.

5.6. Screening and Selection

Candidates will be assessed using fair and objective criteria.

Checks will include, where relevant:

Skills.
Qualifications.
Experience.
References.
Professional registration.
English-language ability.
Right to work or immigration eligibility.
DBS and overseas criminal-record requirements.
Suitability under CQC Regulation 19.

5.7. English Language Requirement

Where immigration sponsorship requires an English-language standard, {{org_field_name}} will verify that the worker meets the current Immigration Rules.

For first-time Skilled Worker applications subject to the rules introduced from 8 January 2026, the normal requirement is English language ability at CEFR level B2 in reading, writing, speaking and listening.

Different transitional requirements may apply where the person’s previous Skilled Worker permission was granted under an earlier B1 requirement.

Professional regulatory bodies may impose separate English-language requirements.

5.8. Salary

The salary offered to a sponsored worker must meet:

The current immigration salary requirement.
The applicable going rate for the occupation.
National Minimum Wage requirements.
Applicable employment law.

For care workers and senior care workers currently sponsored on a qualifying Health and Care Worker visa, the Home Office threshold in force at the date of this policy review is at least £25,000 per year and £12.82 per hour, subject to the applicable Immigration Rules.

Immigration salary figures will be checked immediately before assigning each Certificate of Sponsorship rather than relying on figures contained in this policy.

5.9. Certificate of Sponsorship

A Certificate of Sponsorship will only be assigned where:

The role is eligible.
The worker is eligible.
The organisation is permitted to sponsor them.
All occupation-specific requirements are satisfied.
The information entered on the Certificate is accurate.

{{org_field_name}} will pay sponsorship charges which the Home Office requires the sponsor to pay and will not unlawfully pass those charges to the sponsored worker.

6. Pre-Employment Checks

International recruits will be subject to the same robust safer-recruitment requirements as other staff, together with any additional immigration or overseas checking requirements applicable to their circumstances.

Checks will include, where relevant:

Proof of identity.
Right to work.
Employment history.
References.
DBS check at the legally appropriate level.
Adults’ Barred List check where the role is eligible.
Overseas criminal-record information where required.
Qualifications.
Professional registration.
English-language evidence.
Occupational health assessment.
Immigration and sponsorship eligibility.

6.1. Right-to-Work Check

A prescribed right-to-work check must be completed before employment begins.

The method used will depend on the person’s immigration status and the evidence available.

Where the individual holds digital immigration status, {{org_field_name}} will normally use the Home Office online right-to-work checking service.

The organisation will:

Obtain the required share code and date of birth where applicable.
Conduct the Home Office online check.
Confirm that the photograph relates to the individual presenting for work.
Confirm that the person has permission to undertake the proposed work.
Check any restrictions applying to their employment.
Retain evidence of the prescribed check for the required period.

Biometric Residence Permits

Physical Biometric Residence Permits must not be relied upon as current proof of right to work where Home Office guidance requires an online immigration-status check.

BRPs ceased being issued as part of the transition to digital immigration status and an expired physical BRP does not establish the statutory excuse against an illegal-working civil penalty.

6.2. Follow-Up Right-to-Work Checks

A follow-up check is required where the person’s right to work is time limited and Home Office rules require a further check.

The organisation will not describe right-to-work checks as universally “regular” for every worker.

A person who has established a continuous and unrestricted right to work does not ordinarily require repetitive immigration checks solely because they were originally recruited internationally.

Where a worker has:

An outstanding immigration application.
An administrative review.
An appeal.
Another circumstance requiring Home Office verification,

{{org_field_name}} will use the Employer Checking Service and obtain a Positive Verification Notice where required.

6.3. DBS Checks

The DBS check will be determined by the worker’s role and activities, not their nationality or immigration status.

For example:

A care worker undertaking regulated personal care will normally require Enhanced DBS with the Adults’ Barred List.
Another role may qualify for Enhanced DBS without a Barred List.
Some positions may only qualify for Standard or Basic checks.

{{org_field_name}} will not request a higher level of criminal-record information than it is legally entitled to obtain.

6.4. Overseas Criminal-Record Information

Where required by the Immigration Rules or necessary as part of safer recruitment, appropriate overseas criminal-record evidence will be obtained.

The Skilled Worker immigration rules impose an overseas criminal-record certificate requirement for specified health and social care occupations.

This includes, where applicable, care workers and senior care workers.

Where the requirement applies, the applicant may need certificates from relevant countries in which they have been present for the required period while aged 18 or over.

Any inability to obtain an overseas certificate will be considered in accordance with the applicable Immigration Rules and recruitment risk-assessment process.

6.5. Qualifications and Professional Registration

Where a role requires professional registration:

Registration will be verified directly or through an appropriate official source.
Any restrictions, conditions or required supervised practice will be checked.
The individual must not undertake duties or use a protected professional title for which they are not appropriately registered.

6.6. CQC Regulation 19

International recruitment does not reduce or replace the requirements of Regulation 19.

{{org_field_name}} must be satisfied that each person employed:

Is of good character.
Has the qualifications, competence, skills and experience required for the role.
Is able, after reasonable adjustments where necessary, to perform the intrinsic duties of the role.
Has undergone the required recruitment checks.
Holds required professional registration.

7. Employment Contracts and Terms

International staff receive clear, written employment contracts detailing:

Job title, duties, and responsibilities.
Salary, benefits, and working hours.
Annual leave and sick pay entitlements.
Probationary period and performance expectations.
Notice periods and termination conditions.

Contracts comply with UK employment law and Home Office requirements.

8. Onboarding and Induction

To support international recruits, our onboarding process includes:

8.1 Pre-Arrival Support:

Guidance on visa applications and travel arrangements.
Information on housing, banking, and local amenities.
Introduction to company policies and procedures.

8.2 Arrival and Induction:

Comprehensive orientation on company values, health and safety, and care standards.
Training on safeguarding, infection control, and CQC compliance.
Introduction to team members, managers, and support networks.

8.3 Settling-In Support:

Assigning a workplace buddy for initial guidance.
Cultural awareness sessions to promote inclusion.
Regular check-ins to address challenges and concerns.

9. Training and Professional Development

We invest in the growth of international staff through:

Mandatory Training: Induction training covering care standards, safeguarding, and health and safety.
Ongoing Development: Access to NVQ qualifications, e-learning, and specialist training.
English Language Support: Language training if additional proficiency is required.
Career Progression: Opportunities for advancement within the company.

10. Health, Safety, and Well-Being

The well-being of international staff is prioritised through:

Access to health services, including GP registration and occupational health support.
Mental health and well-being initiatives.
Encouragement to report concerns or incidents confidentially.

11. Accommodation and Relocation Support

To ease the transition, we provide relocation support, including:

Assistance with finding suitable housing.
Temporary accommodation if required.
Guidance on tenancy agreements and local amenities.

12. Rights and Responsibilities

International staff have the same rights and responsibilities as UK-based employees, including:

Equal pay and working conditions.
Protection from discrimination and exploitation.
Access to grievance and disciplinary procedures.

13. Sponsorship, Visa Monitoring and Compliance

Where {{org_field_name}} holds a sponsor licence, appropriate systems will be maintained to meet Home Office sponsor duties.

13.1. Sponsored Worker Records

The organisation will maintain records required under current sponsor guidance, including relevant:

Right-to-work evidence.
Contact details.
Employment information.
Salary records.
Working locations.
Attendance information.
Certificate of Sponsorship information.
Evidence supporting any occupation-specific sponsorship requirement.

Where a care worker or senior care worker is sponsored on the basis that they had worked legally for {{org_field_name}} for at least three months before the Certificate of Sponsorship was assigned, evidence of that qualifying employment period will be retained.

13.2. Reporting Changes Concerning Sponsored Workers

Unless another specific timescale applies, relevant changes concerning a sponsored worker will normally be reported to the Home Office through the Sponsorship Management System within 10 working days.

Reportable matters may include:

The sponsored worker does not start employment as expected.
The worker is absent without permission for the applicable period.
Employment ends earlier than stated on the Certificate of Sponsorship.
There is a significant change to the worker’s role.
Salary changes in circumstances requiring notification.
A change of working location which is reportable.
Other circumstances which current sponsor guidance requires to be reported.

The current sponsor guidance will be checked before determining whether and when a report is required.

13.3. Organisational Changes

Changes concerning {{org_field_name}} itself which are reportable under the sponsor regime will normally be reported within the applicable Home Office timescale.

Under current sponsor guidance, many organisational changes must be reported within 20 working days, unless a different period applies.

13.4. Immigration Status

HR will monitor:

Permission expiry dates.
Applicable visa conditions.
Required follow-up right-to-work checks.
Sponsor reporting deadlines.

The organisation will not knowingly permit a worker to work in breach of immigration restrictions.

13.5. Sponsorship Management System

Access to the Sponsorship Management System will be restricted to authorised personnel.

Current Home Office security requirements, including applicable multi-factor authentication, will be followed.

Sponsor-system roles and permissions will be reviewed when Home Office requirements change.

13.6. Salary and Hours

{{org_field_name}} will monitor sponsored workers’:

Salary.
Contracted hours.
Actual working arrangements.
Working locations.

A sponsored worker must continue to meet the immigration requirements applying to their permission.

A salary reduction or material change to employment will not be implemented without first considering whether:

It must be reported.
A new Certificate of Sponsorship is required.
A new immigration application is required.
The revised salary continues to meet the Immigration Rules.

13.7. Sponsor Compliance

Failure to comply with sponsor duties may result in action by the Home Office, including:

Reduction or cancellation of Certificate of Sponsorship allocations.
Downgrading of the sponsor licence.
Suspension.
Revocation.
Referral to another enforcement authority.

The Registered Manager and responsible HR/sponsorship personnel will ensure that immigration sponsorship is subject to appropriate audit and oversight.

14. Cultural Inclusion and Diversity

We promote an inclusive work environment by:

Encouraging cultural exchange and mutual respect.
Celebrating cultural events and awareness days.
Providing diversity training for all staff.

15. Addressing Challenges and Grievances

International staff can raise concerns through:

Informal discussions with line managers.
Formal grievance procedures.
Confidential reporting channels.

All grievances are investigated promptly, with outcomes communicated clearly.

16. Monitoring and Quality Assurance

To ensure continuous improvement:

Recruitment practices are audited annually.
Staff feedback informs process enhancements.
Compliance with Home Office and CQC standards is regularly reviewed.

17. Data Protection and Confidentiality

All personal information related to international recruitment is handled in accordance with GDPR:

Secure Storage: Recruitment records are stored securely.
Limited Access: Only authorised personnel access sensitive data.
Safe Disposal: Outdated records are securely deleted.

18. Policy Review and Continuous Improvement

This policy will be reviewed at least annually, or sooner where necessary, because immigration and sponsorship requirements may change frequently.

An earlier review will take place where:

Immigration Rules materially change.
Skilled Worker or Health and Care Worker visa requirements materially change.
Rules affecting care workers or senior care workers change.
The 22 July 2028 transitional arrangements are amended, extended or withdrawn.
Salary or going-rate requirements change.
English-language requirements change.
CQC-registration requirements affecting sponsorship change.
Sponsor guidance materially changes.
Right-to-work requirements change.
The international recruitment Code of Practice is revised.
Red, amber or green country classifications change.
Sponsorship fees or prohibited cost-recovery rules change.
DBS or overseas criminal-record requirements materially change.
{{org_field_name}} receives a Home Office compliance visit or identifies sponsor non-compliance.
CQC identifies concerns regarding international recruitment or Regulation 19.

The Registered Manager and responsible sponsorship personnel will ensure that the review considers:

Sponsor licence status.
Eligible occupation codes.
Care worker and senior care worker restrictions.
In-country sponsorship requirements.
CQC registration.
Salary thresholds.
English-language requirements.
Certificates of Sponsorship.
Sponsor fees.
Immigration Skills Charge.
Ethical recruitment.
Red and amber countries.
Recruitment agencies.
Candidate fees.
Repayment clauses.
Right-to-work checks.
eVisas.
DBS checks.
Overseas criminal-record certificates.
Professional registration.
Sponsor reporting duties.
Worker absence.
Changes to employment.
Working locations.
Staff welfare.
Modern slavery and exploitation risks.
Recruitment and sponsorship records.

Where weaknesses are identified, {{org_field_name}} will:

Stop any recruitment or sponsorship activity which does not comply with current requirements.
Correct inaccurate immigration or sponsorship records.
Make outstanding Home Office reports where appropriate.
Review affected Certificates of Sponsorship.
Review pay, hours and working arrangements.
Refund prohibited costs recovered from workers where required.
Review contracts or repayment clauses.
Obtain appropriate immigration, employment or regulatory advice where necessary.
Provide additional training to responsible staff.
Implement corrective and preventative action.

Material amendments will be documented, approved and communicated to relevant staff.

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.

DC81-International Recruitment and Employment Policy