Guidance for care providers on overseas recruitment
As the demand for care services in the UK continues to rise, the need for care workers has increased. This has been made worse by a shortage of labour in healthcare settings. Care workers were added to the shortage occupation list in 2022. This meant that certain international care workers became eligible for the Health and Care Worker visa.
Since then, there has been an increase in the recruitment of overseas workers for the care sector. This has helped to fill some vacancies and ensure essential services have been maintained. Concerns have been raised about the ethical implications of this recruitment practice and the treatment of workers both nationally and locally.
Regulatory bodies and law enforcement agencies in the UK are reportedly handling complaints and investigations of breach of sponsorship obligations, employment violations and modern slavery.
The UK's modern slavery helpline reported a 606% increase in care work-related modern slavery cases between 2022 and 2023.
Overseas recruitment and management of workers must be conducted ethically and responsibly. There must be due regard for workers’ rights and wellbeing.
Issues linked to overseas worker recruitment
Common issues highlighted in the sector include:
- Sponsors demanding payment from workers for job placement or securing employment. This is illegal in the UK.
- Breaking employment laws, for example, failing to pay workers or withholding their earnings.
- Falsely advertising jobs to sponsor overseas workers, when there are no genuine vacancies available.
- Misleading overseas workers by promising them job opportunities that do not exist.
It is vital that care providers meet the duties set out in the sponsorship licence.
There is also an International recruitment toolkit for adult social care providers | GOV.UK
This toolkit helps adult social care providers decide whether to recruit care workers and senior care workers from overseas. It provides advice on how to do so in an ethical and responsible manner. This includes:
- ensuring no recruitment from red list countries
- using ethical recruitment agencies
- guidance on repayment clauses in employment contracts
Providers must remain vigilant for signs of exploitation and report concerns. This is particularly important when using agency or temporary workers who are not directly employed by your organisation.
Reporting concerns
Providers should raise concerns or suspicions related to breach of sponsorship obligations, employment abuse and modern slavery.
Non-emergency concerns
Phone the modern slavery helpline: 0800 0121 700 or the police on 101 (ask for their modern slavery team)
Emergency situations
If someone is in immediate danger, or there is a threat to life:
Phone: 999
Concerns for an adult with care needs
Contact Adult Social Care on 0345 60 80 191
Online contacts
UK Visas and Immigration | GOV.UK: for concerns regarding breach of sponsorship obligations
Care Quality Commission: If you have concerns about a care home, home care agency or other adult social care service
Gangmasters and Labour Abuse Authority (GLAA): if you have concerns about labour abuse or modern slavery.
Useful resources, guidance and legislation
Spot the signs | GLAA: Signs that may indicate that someone is being subjected to forced labour.
Who cares? | Unseen UK: A review of reports of exploitation in the care sector.
Code of practice for the international recruitment of health and social care personnel: The principles and best practice that health and social care employers and recruitment agencies must follow. This ensures effective, ethical international recruitment.
International recruitment toolkit for social care | Skills for Care: Developed to help adult social care providers decide whether to recruit care workers from overseas. It includes guidance on how to do so in an ethical and responsible manner.
Workers and temporary workers: Guidance for sponsors
Information on how to sponsor an overseas worker on the Worker and Temporary Worker immigration routes. This details the duties of a sponsor, what UK Visas and Immigration will do to check procedures, and when they may revoke a licence.
To check if an organisation has a sponsorship licence, see: Register of licensed sponsors: workers | GOV.UK