Care providers are being urged to carry out proper checks when offering extra hours to international care staff, after growing concerns that some are breaching visa rules, leading to sponsorship loss and service disruption.
Workers on Skilled Worker and Health and Care Worker visas can take on up to 20 hours a week in supplementary roles, but only if the job is in an eligible occupation and the individual continues to work for their main sponsor. Anything beyond this, or in a role outside the permitted codes, requires a new Certificate of Sponsorship and a visa update before the work can begin.
With some sponsors unable to provide sufficient contracted hours, or in cases where licences have been revoked, workers are increasingly relying on supplementary roles. Without proper oversight, this creates significant compliance risks.
It’s important to note that from 9 April 2025, the salary level for employees on a Health and Care Worker visa or a Skilled Worker visa increased to at least £26,200 per year based on a standard 39-hour week, equivalent to £12.82 per hour, with their main employer before they are eligible to apply for supplementary hours work elsewhere.
What this means is that, care workers on these visas who are paid the minimum salary of £26,200 per annum for their main sponsored employer are allowed to do up to 20 hours of supplementary work. This must be outside the normal hours of their existing job, be in an eligible occupation code at the same or higher skill level, or on the immigration salary list.
They can also work unlimited overtime hours for their main sponsoring employer without needing to update their visa. If they want to work more than 20 hours per week for another employer, they must apply to update their visa with a new Certificate of Sponsorship from the second employer. Voluntary unpaid work is also permitted under certain conditions without affecting visa status.
Employers should check:
- The worker remains employed by their primary sponsor.
- The role is an eligible occupationunder visa rules.
- The 20-hour weekly limitis not exceeded, with hours properly recorded.
- Their organisation is appropriately registered (e.g. with the CQC in England).
Getting these checks right is essential to protect both care provision and workers’ visa status.
- If Care Providers or Local Authorities have any concerns you can reach out to Legal and HR Helpline for some advice. Find out more
- For international care workers themselves please direct them to support via the IR Hub If they are not being given hours they can be entered into the displaced worker pool, where they will be signposted to support. They can also register with Lifted who will match them to any suitable jobs if they are available.
