Shameless employers who commit serious offences will be banned from hiring overseas workers as part of a government crackdown on visa abuse and prevent exploitation.
Delivering on a key manifesto commitment, businesses that repeatedly flout visa rules or commit serious employment breaches, such as not paying the National Minimum Wage, will be barred from hiring overseas workers.
Currently, employers who flagrantly flout visa rules can only be sanctioned for a maximum of 12 months. Under our changes we intend the period for repeat offences to be at least 2 years, double the current length, with final cooling off periods announced in due course.
This government will also not wait until employers have committed serious breaches of the law before taking action, when there are already signs of rule breaking. Action plans bind businesses who commit minor visa breaches to a set of specific actions to help them improve and correct any issues. These are being strengthened further, with the maximum time they can be applied quadrupled from 3 to 12 months, ensuring long-term and sustained compliance with visa rules.
The measures are part of wider efforts to tackle the root causes behind the UK’s long-term reliance on international workers and action to link migration policy with skills and wider labour market policy.
The wide-ranging crackdown will also protect vulnerable workers from exploitation, prohibiting unprincipled companies from engaging in the unethical practice of charging skilled workers for the cost of sponsorship. These costs, which can be passed onto workers at grossly inflated levels, has led to the exploitation and unfair treatment of staff, particularly within the care sector, in some cases burdened with unsustainable levels of debt to their employers.
Minister for Migration and Citizenship, Seema Malhotra MP said:
We committed in our manifesto to do everything in our power to ensure those who abuse our immigration system face the strongest possible consequences.
No longer will employers be able to flout the rules with little consequence or exploit international workers for costs they were always supposed to pay if they choose not to recruit domestically.
Worker exploitation is completely unacceptable. Shamefully, these practices have been seen particularly in our care sector, where workers coming to the UK to support our health and social care service have all too often found themselves plunged into unjustifiable insecurity and debt. This can, and must, end.
The new powers will ensure employers who recruit internationally will be required to pay associated costs themselves, which is fair and reasonable for employers that do not recruit from the domestic workforce.
While the longer action plans are in place, employers will face restrictions on their ability to bring in overseas workers. Failure to comply or make the necessary improvements will see their visa sponsor licence revoked.
These changes will be part of the government’s new Employments Rights Bill, currently going through Parliament. Under the bill, the newly-established Fair Work Agency will bring together existing state enforcement functions including regulations for employment agencies and employment businesses, enforcement of the National Minimum Wage, Statutory Sick Pay and the licensing regime for businesses operating as ‘gangmasters’ in certain sectors.
Minister for Care, Stephen Kinnock, said:
Migrant workers are a valuable part of our social care workforce, supporting vulnerable people across the country every day. Many have travelled to the UK with the promise of a rewarding and fulfilling career.
However, there has been an unacceptable rise in the exploitation and abuse of overseas social care workers from rogue operators.
Cracking down on these unethical employers will protect migrant workers from unacceptable and shameful exploitation.
This new crackdown also forms part of the government’s wider action to target rogue employers who abuse the immigration system by exploiting vulnerable migrants who are working in the UK illegally. This government is determined to clamp down on illegal working and the exploitative treatment of illegal workers, and we have rapidly expanded the action we are taking. A range of sanctions will be taken against those employing illegal workers, including:
- financial penalty notices
- business closure orders
- potential prosecution
We have delivered a major surge in Immigration Enforcement’s targeted visits to rogue businesses suspected of employing illegal workers, with 856 visits in October alone – a 55% increase on the same month last year. Between January and October this year, more than 6,600 visits have been made, and 22% increase on the same period last year, with over 4,600 arrests being made, up 21% on last year.
International care workers are particularly vulnerable to abuse, with widespread concerns of exploitation in the sector. The Department of Health and Social Care has already been working closely with the Home Office to share concerns and intelligence on bad practices in the recruitment and employment of overseas care workers, and the measures announced today will further bolster the government’s action against exploitation.
Since July 2022, the government has revoked approximately 450 sponsor licences in the care sector as the government continues to clamp down on abuse. Significant work is ongoing across government, in collaboration with the care sector, to ensure high standards across the immigration system, and to support care workers into alternative jobs when their sponsor has had their licence removed.
Fifteen regional partnerships in England have received £16 million worth of funding to support them to prevent and respond to unethical international recruitment practices in the sector. This includes funding support for international care workers to understand their rights and establishing operational processes with regional partnerships to support individuals to switch employers and remain working in the care sector when they have been impacted by their sponsor’s licence being revoked.
