This page is for care workers on the Health and Care Worker visa (HCWV) and explains your rights at work – including information on the visa, pay, working hours, and what to do if something isn’t right.
Adult social care broadly refers to support provided by a wide range of agencies and individuals to help those in need including those with mental health problems, learning or physical disabilities to maintain their independence and well-being. This support can be delivered in various settings, including people’s homes, care homes, or community locations, and is provided by local authorities, private and voluntary sector organisations, and unpaid carers.
Services include personal care (such as help with washing and dressing), assistance with household tasks, support for social and community activities, reablement services to regain independence after illness or injury, and respite care for unpaid carers.
Health and Care Worker visa (HCWV)
Most migrant care workers are living in the UK under the HCWV. The HCWV was launched in August 2020 for qualified doctors, nurses and allied health professionals who have been trained to a recognised standard and who have good working English. In February 2022 the scope of the visa was extended to include eligible persons working in the social care sector. The UK Government publicised the visa as beneficial because it allowed for fast-track entry, reduced visa fees, dedicated application support, and exemption from the Immigration Health Surcharge for both the applicant and their dependants. However, significant changes were implemented from 22 July 2025 closing this route to new applicants.
Changing employer/visa sponsor
The HCWV is closed to new sponsorship for care workers and senior care workers under occupation codes 6135 and 6136. However, transitional rules allow existing care workers already sponsored before 22 July 2025, who have worked for their sponsor for at least three months, to extend or switch their visa until 22 July 2028.
Certificate of sponsorship (CoS)
To obtain a HCWV you must have a valid CoS for the job you are planning to do. This is an electronic record rather than a physical document. The CoS must be issued by an employer that is authorised by the Home Office to sponsor the job in question under the HCWV route. The typical employer will be the NHS, an organisation providing medical services to the NHS, or an organisation providing adult social care. A wide variety of organisations can be approved by the Home Office as health and care sector sponsors under the HCWV route. Your Health and Care Worker Visa Certificate of Sponsorship must have been issued not more than 3 months before the date of your Health and Care Worker visa application.
Problems with your employer/sponsor
If you’re experiencing problems with your employer/sponsor, for example you don’t think they’re paying you correctly or treating you fairly, this is what you can do:
Contact us at the Worker Support Centre: we can explore the issues you’re experiencing and suggest next steps. The information you share with us is confidential. We will explain your options and follow your lead on what steps to take next.
Collect evidence: evidence is very important if you want to challenge your employer. Keep a diary of what happened, when, where, and any communication to and from your employer.
Raise your issues informally: you can discuss the problems you’re experiencing with your line manager. We know this can be difficult, so you can get in touch with Worker Support Centre to discuss this further.
Raise your issue in writing: if the problem continues, it is important to raise it in writing. We know this can be difficult, so do get in touch if you need support or want to explore other options.
Seek employment legal advice: consult with an employment lawyer if you decide to take legal action. Get in touch and we can help you access legal advice.
Finding a new sponsor
Finding a new sponsor is not an easy task. It is a worrying and difficult time for many but we hope the resources below will support and guide your search.
- NHS Education Scotland has put together some very helpful information for workers looking for a new sponsor. You can download their Displaced workers information guide. The link includes information about Osborne & Allan, who specialise in international recruitment, Lifted Talent, a free service that helps displaced international care workers find new jobs in the UK, and Borderless, a national displaced workers portal.
- You can access the Care visa sponsor database, which is a database of social care providers in the UK licensed to sponsor workers’ visas.
- You can download the UK Government’s register of sponsors -a list ofall employers licensed to sponsor migrant workers.
Contractual rights
Workers on the HCWV have the right to a written contract stating the conditions of your work. Your contract should include how many hours you work, and your employer should give you those hours. They must also state the hourly wage rate and stick to it, and detail when and how you are paid. It should also include the notice period you and your employer should give each other if either of you decides to end the employment.
Minimum wage
The current minimum rate of pay for all adult social care workers in Scotland is £12.60 per hour. This includes any travel time that you undertake. If you are a domiciliary care worker, your working hours include the time spent at your clients’ houses, and any travel time that you undertake during working hours. If you aren’t paid for travel time, you may be being paid below the minimum wage, which is illegal.
Rest breaks
Workers on the HCWV are entitled to rest breaks. There should be at least 11 hours between the last visit of the day, and first visit of the next day. Each week you should also have at least 24 hours continuous rest, or 48 hours continuous rest in two weeks. There is a legal maximum of 48 hours of work a week. You could choose to work more than this, but you must sign a separate document waiving this right. Your employer cannot force you to sign this.
Sickness regulations and pay
If you are ill and can’t work, your contract should state what payment you will receive. The minimum entitlement is Statutory Sick Pay (SSP). You should be eligible for Statutory Sick Pay (SSP) if:
- You’re off for at least 4 days in a row
- You inform your employer before the deadline they set (or within 7 days if they have not set one).
- You earn an average of at least £125 per week
SSP starts from day 4 of illness and lasts up to 28 weeks. It is paid at a rate of £118.75 per week. Check your contract to see if you have any additional pay or benefits in other circumstances.
Holidays
Everyone, including workers on the HCWV, is entitled to paid holiday based on the number of hours they have worked. If you work full time, this is 28 days statutory paid holiday. If you work part time it is calculated in proportion to your working hours.
Joining a trade union
You are legally allowed to join a trade union. Unison and Industrial Workers of the World unions support social care workers – joining can give you access to legal advice and help if something goes wrong.
Employer behaviour
Your employer must treat you fairly and respectfully. If not, you may be able to report them. Contact WSC for help.
If you are forced to work, or if your documents or wages are taken from you, this is illegal. You can report this safely. Contact details are at the end of the page.
If you need medical care, you are eligible to use the free National Health Service during your stay. This includes accessing primary and emergency healthcare.
What information should a valid Certificate of Sponsorship contain?
Details of your name, job and salary
A start date which is no more than 3 months after the date your Health and Care Worker visa application.
Confirmation that the Certificate of Sponsorship has not been used in a previous application which was either granted or refused and has not been withdrawn by the sponsor or cancelled by the Home Office.
What can I do if I lose my job?
Following a dismissal, your immigration status is at risk. You need to find another sponsor to continue working legally. We understand this is a worrying and difficult time, and we are here to support you. If this happens to you, you should:
- Contact a qualified immigration adviser.
- Look for a new job/sponsor – read the ‘finding a new sponsor’ section.
- Get in touch with us and we can help you explore your options.
What can I do if my sponsor loses their license?
If your sponsor’s license has been revoked by the Home Office and your visa is curtailed, you need to obtain a new immigration status to remain and continue working legally in the UK. We understand this is a difficult and worrying time, so don’t hesitate to contact us and read the ‘finding a new sponsor’ section.