Information Notice to Oxfordshire Adult Social Care Providers

International Recruits, Skilled Worker Visas and Supplementary Employment

Oxfordshire County Council was recently made aware of a recent right to work issue involving an agency worker in a local adult social care setting. This learning is being shared with the wider market so that providers can review their own arrangements, strengthen assurance where needed, and reduce the risk of similar issues arising.

The incident has highlighted a particular risk where an international recruit is sponsored by one employer, but undertakes supplementary shifts for another provider or agency. A supplementary employer may not automatically be told if the worker’s primary sponsor licence is revoked, if the worker leaves their sponsored role, or if their immigration status changes. This means a check completed at the start may not provide enough ongoing assurance.

Shared learning from local practice

In the recent case, a provider identified during onboarding checks that an agency worker undertaking shifts did not have a valid right to work in the UK for the work being undertaken. The worker had previously been linked to a primary sponsor whose licence had been lost, meaning the basis for their supplementary employment was no longer valid. The provider acted promptly by removing the worker from shifts, pausing onboarding, seeking advice, contacting UKVI, informing relevant managers, notifying CQC, requesting assurance from agencies, checking other booked workers, and strengthening monitoring arrangements.

This anonymised example demonstrates the value of effective onboarding checks, clear escalation routes, prompt decision-making and documented assurance where right to work status depends on another employer’s sponsorship arrangements.

Suggested actions for providers

• Review international recruitment, right to work and agency worker procedures to ensure they cover Skilled Worker / Health and Care Worker visa conditions and supplementary employment.
• Do not rely solely on agency assurance where internationally recruited staff are working in regulated services. Obtain and retain your own evidence of checks, risk assessments and decisions.
• For sponsored workers undertaking supplementary employment, obtain confirmation from the worker and the primary sponsoring employer that the worker remains employed in their sponsored role, the sponsor licence remains valid, and there has been no change in immigration or sponsorship status.
• Check the Home Office sponsor licence register where relevant and keep dated evidence of checks.
• Confirm that supplementary work remains within permitted conditions, including the 20-hour weekly limit and the requirement that the worker continues in their primary sponsored role.
• Introduce ongoing monitoring where eligibility depends on another employer’s sponsorship arrangements, including regular worker declarations and clear escalation routes if circumstances change.
• Ensure managers and on-call leads know when to pause shifts, agency bookings or onboarding if right to work or sponsorship assurance is incomplete.
• Notify CQC and seek appropriate legal or UKVI advice where a right to work breach is identified, reflecting provider responsibilities under Regulation 17: Good governance and Regulation 19: Fit and proper persons employed.

Key message

Right to work assurance for international recruits in adult social care is not a one-off administrative task. Where a worker’s ability to undertake shifts depends on a Skilled Worker visa, another employer’s sponsor licence or supplementary employment rules, providers should be able to evidence robust checks, good record keeping and regular review. This helps protect people who draw on care and support, staff teams and provider organisations.

Providers may wish to review GOV.UK Skilled Worker visa guidance on additional work, Home Office sponsor guidance, Home Office right to work check guidance, CQC Regulation 19 guidance on fit and proper persons employed, and Skills for Care / Department of Health and Social Care international recruitment guidance for adult social care providers.

Providers are also encouraged to use local support available through OACP, including weekly social care news updates, national resources via the SESCA International Recruitment hub, and supplier support such as Aston Brooke webinars on immigration rule changes, sponsorship compliance, record keeping and practical steps to reduce risk and protect sponsor licences.