Ask Emma | Question 2 | Autumn 2024

We are a care home provider. We have a number of vacancies for care staff. A local provider has recently had their sponsor licence revoked and the local authority has recommended us as a potential employer for these staff. Will they be able to start straight away on their existing visa, or do they need a new visa? Some of the candidates have asked if they work with us using the supplementary work permission on their current visa while we secure a new visa for them. Is this possible? 

There are a couple of important things to consider here. First, we need to think about whether the candidates can start work straight away with their existing visa. Unfortunately, the answer is that they cannot start work until they have switched their visa and have permission to work for you. 

This is because their existing visa, only allows them to work for their existing employer and to do supplementary work. They cannot work for their existing employer, because they have lost their immigration licence. 

Second, Most sponsored workers might think that they can still undertake supplementary work. However, this is not correct. A sponsored worker can only undertake supplementary work, which is work for up to 20 hours per week in a skilled role, if they are still in employment with their sponsor. These candidates are not working for their sponsor and cannot therefore undertake any supplementary work.

If you wish to employ them, you will need to assign a CoS to them for the role you have available. They will then need to apply to the Home Office, using the paid online application, for a new visa which provides them with permission to work for you as a Skilled Worker.

They should not start their new job until they have confirmation of their new permission.