Monday 22 January 2024

Sponsored care workers are one of the targets in the package of measures the Government recently announced to reduce net migration as care workers and senior care workers now account for nearly half of all Skilled Worker visas.

Care sponsors have also become a target for Home Office compliance visits.

The case of Prestwick Care Ltd & Ors V Secretary of State for the Home Department [2023] EWHC 3193 (Admin) considered the Home Office decision to revoke a care group’s sponsor licence. The Home Office carried out a compliance visit and discovered several breaches of sponsor duties which included:

• failure to carry out proper right to work checks;
• poor record-keeping and monitoring of Skilled Workers;
• recouping Immigration Skills Charge costs from Skilled Workers;
• non-compliance with UK employment law in relation to sick pay;
• workers being paid less than the salaries stated on their Certificates of Sponsorship; and
• disparities between the job descriptions and the actual duties being performed by workers.

The High Court upheld the Home Office’s decision to revoke the licence and serves as a reminder for sponsors to have their affairs in order as even seemingly minor compliance breaches can lead to enforcement action being taken.

Given the Home Office’s focus on the care sector, now more than ever, sponsors must ensure that they have robust HR systems in place and have a rigorous approach to managing their sponsor duties.

Get in touch

LDI provides training and auditing services to help sponsors comply with the raft of duties and responsibilities of the sponsorship system. Please contact enquiries@lauradevine.com for further information on our services. You can also sign up to our mailing list for the latest news and updates.