When you work with agency-supplied staff, it’s important to understand your responsibilities. This is especially true if the worker is on a Skilled Worker visa. Even though your care home is not the sponsor, you still need to ensure the arrangement is legal and compliant with Home Office rules.
Sponsored workers are becoming more common in social care. But their employment is subject to strict conditions, and if these are not followed properly, it can create serious legal, operational and reputational risks.
This guide outlines what you need to know when accepting sponsored workers via a recruitment agency.
What is a sponsored worker?
A sponsored worker is someone who holds a Skilled Worker visa. This visa allows them to work in specific job roles that are approved by the Home Office. These roles must appear on the official list of eligible occupations, known as the Shortage Occupation List (https://www.gov.uk/
To hold this visa, the worker must be employed by an organisation that is listed on the Register of Licensed Sponsors (https://www.gov.uk/
Can a sponsored worker take on extra work?
Yes, but only within very strict limits. A worker on a Skilled Worker visa is allowed to do up to 20 hours per week of additional work outside of their main sponsored role. However, this extra work must either be in the same occupation code as their primary job, or in another role listed on the official Shortage Occupation List (https://www.gov.uk/
For example, if a sponsored worker is employed as a care worker, they may pick up extra shifts in similar care roles, such as a senior care assistant, provided they fall under the same occupation code or are both on the shortage list. However, they cannot legally take on shifts as a housekeeper, kitchen assistant or receptionist, even if those shifts are in the same care home, because those roles are not covered by their visa conditions.
It is also important to understand that the 20-hour weekly limit is cumulative across all additional work, not just the shifts booked through one agency or care home. This means that if a worker is taking shifts from multiple agencies, it is very easy to unintentionally breach the limit.
In social care, most agency shifts are 12 hours in length, with an unpaid break, resulting in 11 paid hours per shift. Just two such shifts in one week would put the worker right at the 22-hour mark, already exceeding the legal limit.
More details are available in the government’s guidance on second jobs for Skilled Worker visa holders (https://www.gov.uk/skilled-
If the agency is not the sponsor
In most cases, the agency supplying the worker is not the visa sponsor. The worker is employed by another organisation and picks up agency shifts as their permitted secondary work.
This is only allowed if the worker is still employed by their sponsor, the role is eligible, they are not working more than 20 additional hours per week, and the agency has confirmed the worker’s immigration status. The worker also needs to understand the visa rules and confirm that they are meeting them.
As a care provider, you should not assume these checks have been done. Always ask the agency for proof and be confident that the worker has the legal right to do the shift.
If the agency is the sponsor
Some agencies hold their own sponsor licences. In theory, they can sponsor and employ workers directly and then supply them to your care home. In practice, this is rarely compliant.
For a sponsored arrangement to be lawful, the agency must be the worker’s actual employer. This means they must provide regular, supervised work under their own contracts, not just occasional shifts for external clients.
Historically, many agencies were given sponsor licences under less strict rules. These were sometimes misused to place workers into temporary roles that do not meet sponsorship criteria. The Home Office has since tightened controls and now expects agencies to act as real employers, especially if they are placing workers into third-party care homes.
If an agency tells you that they are the worker’s sponsor, ask how the employment is structured. For example: is the worker employed in the agency’s own care service, such as domiciliary care? Are they being paid and managed directly by the agency? Can the agency demonstrate compliance with sponsorship duties (https://www.gov.uk/
If the worker is only doing flexible shifts for clients like you, it is very unlikely that the sponsorship is valid.
What this means for your care home
You are not the sponsor, but that doesn’t mean you are free from responsibility. If a sponsored worker is placed with you in a way that breaches visa rules, and you haven’t done basic checks, your care home could be held accountable.
Risks include Home Office investigations, removal of workers at short notice, reputational damage and even losing access to public contracts.
To protect your service, it is essential that you confirm who the visa sponsor is and ask to see a copy of the worker’s Certificate of Sponsorship (CoS). This allows you to check who their employer is, what role they are sponsored for and that the role you are offering is permitted.
You should also check the worker’s right to work using a Share Code (https://www.gov.uk/prove-
Keeping a record of your checks shows that your care home is taking reasonable steps to comply.
But isn’t this all the responsibility of the agency?
Yes, in most cases the legal duty to comply with Skilled Worker visa conditions lies with the agency, particularly if they are the worker’s direct employer or sponsor. You may even have contracts in place stating that the agency is responsible for ensuring immigration compliance.
However, that doesn’t mean you are automatically protected. If a worker is placed with you in a way that breaks visa conditions, your care home may still be scrutinised, especially if you were aware or should have been aware of a breach.
The Home Office expects all employers, even indirect ones, to take reasonable steps to avoid facilitating illegal working. That means verifying the worker’s status, asking key questions and keeping appropriate records.
Even if no legal action is taken, reputational damage can be significant. Your CQC, CI, RQIA etc rating, relationship with commissioners and access to public contracts may all be affected if concerns are raised.
In short, do not assume the agency has it covered. Ask the right questions, document your checks and stay informed. This is the best way to protect your service, your residents and your team.
How Florence can help
Florence helps care homes manage agency staffing with transparency and control. Through our Neutral Vendor Agency Manager (https://www.florence.co.uk/
With Florence, you can see which workers are on Skilled Worker visas, track hours across shifts to help avoid breaches, work with approved agencies that meet Home Office expectations and automate due diligence and record-keeping.
If you are unsure whether your current agency setup is compliant, Florence gives you the insight you need to stay on the right side of the law.
Final thoughts
Sponsored workers play an important role in supporting the UK care workforce. But if they are placed incorrectly, it can cause problems for everyone involved.
By asking the right questions, choosing reputable agencies and using the right tools, your care home can stay compliant while continuing to meet your staffing needs.
When in doubt, check. Don’t assume someone else has already done it.