International Recruitment

LEGAL HELPLINE

FREE Legal Advice from Leading Immigration Specialists 

Providers are entitled to a free 30-minute, no obligation, phone consultation with an immigration specialist at Lester Aldridge Solicitors.

Phone lines are open from 9 am-5 pm, Mon–Fri (with an answer phone operating outside these hours). You can also email Lester Aldridge using the dedicated address below:

• Phone: 01202 786126

• Email:  sescahelp@LA-LAW.com

The service is open to all CQC-registered adult social care providers operating in the South East.

CoS application delays continue

Certificate of Sponsorship (CoS) allocation requests can take up to 18 weeks, and the current average processing time is around 12 weeks. Providers should factor this into workforce planning.

The Home Office’s CoS Priority Service allows A-rated sponsors to fast-track certain requests to approximately 5 working days. The service costs £350 per request, with only 100 slots available daily, released at 7 am on a first-come, first-served basis. Access remains highly competitive.

We have a route to request that UKVI expedite your applications.

• For Certificates of Sponsorship to be assigned to our displaced workers.

• We can also expedite the worker's visa application once the CoS has been assigned.

• We cannot influence the decision, but your application will be put at the top of a case worker's pile.

• There is no charge for this service.

CoS Accuracy Is Critical

Do not apply for 'anticipatory/just in case' CoS. Only apply for those you need, including renewals and new sponsorship requirements.

Renewals:

Provide details of each existing worker you require a CoS for. This should include:

• Full name (as on their passport)

• Date of Birth

• Nationality

• Previous CoS No. if you have it. (If not include any identifying Home Office reference).

• A statement confirming the worker meets the transitional provision for skill level.

For existing workers whose visas need updating, this could read:

All workers are currently employed full-time in genuine roles within our regulated care service and continue to meet Skilled Worker requirements.

For new recruits, something along these lines:

All of the workers were last granted permission as Skilled Workers to work as care workers/senior care workers and have had continuous permission since then.

For new recruits, please also include:

Give as much information as you can, detailing the reason you require these workers. This could be to replace staff who have left or gone on maternity leave, or to cover increased care packages.

• A letter from your Director of Adult Social Services (DASS) supporting your application is preferred by UKVI. We have a template letter available.

• Clearly detail how many hours each worker will be sponsored for and the rate of pay, i.e., all roles above will be at SOC 6135 with a salary of £25,000 (£12.82/hr, 37.5 hrs per week), meeting Skilled Worker thresholds.

Tougher UKVI Enforcement

UKVI is taking a significantly firmer compliance stance and is now receiving payroll data directly from HMRC. Underpayment of wages is a common factor in revocation activity. In many cases, sponsors are moving directly to licence revocation without a prior suspension stage.

Accurate reporting, robust record-keeping and timely SMS updates are more critical than ever.

If, for any reason, a worker is not completing enough hours for you to meet the current pay thresholds, this may come to the attention of the UKVI compliance team. We recommend you monitor the pay of sponsored staff closely and seek advice (see below details of the SESCA legal helpline).

3 Month Rule

Health and Care Worker visa holders transferring between sponsors do not need to complete three months’ employment before moving. This requirement applies only when switching from certain other visa routes (for example, student visas).