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Staff at St Davids and St Christophers Nursing and Residential Homes in North Ascot | Guidance on Care Homes

Health and Care visa holders face limits on additional work rules

Health and Care visa holders will need to update their visa if they want to undertake more than 20 hours additional work outside of their main role, the Home Office has announced in a change to immigration rules.

To update their visa, visa holders will need to obtain a new certificate of sponsorship from their second employer and include a letter with their application explaining their intention to change their current permission to stay. A fee will also need to be paid.

In advice for employers, Hempsons points out the need to carefully scrutinise and monitor the working hours of workers who have this visa. It is vital that this change is properly communicated to all affected employees, so that they are aware of the change in guidance. If employees exceed the 20-hour additional work cap, they will need to stop or update their visa.

Employers are advised to review existing policies that cover immigration rules compliance, clawback agreements and financial assistance to assure consistency. Going forward it would be sensible to factor in the higher costs when it comes to recruitment to maintain competitiveness.

Failure to report a skilled worker’s change in circumstances or allowing staff to work in breach of their visa can result in penalties and fees. Read further advice from Hempsons solicitors.

The temporary lifting of the restriction in the number of hours of supplementary work a visa holder could undertake was announced in February. This temporary exemption was lifted on 27 August 2023.


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