Skilled Worker Victims of Modern Slavery Solicitors

Skilled Worker sponsor exploitation can affect a worker’s employment rights, immigration status and ability to leave or change employer. It may involve threats linked to visa sponsorship, withheld or underpaid wages, coercive working conditions, improper sponsorship payments or pressure preventing a worker from leaving their job. 

From 8 October 2026, certain Skilled Worker visa holders who have been identified as victims of modern slavery may have their work conditions amended by the Home Office. Sunrise Solicitors can advise Skilled Worker visa holders on sponsor exploitation, National Referral Mechanism issues, amended work conditions and immigration options for leaving or changing sponsor. 

Sunrise Solicitors can help Skilled Worker visa holders move away from an exploitative sponsor by advising on changing employer, whether a new Certificate of Sponsorship is required from an approved sponsor, or whether they may qualify to have their work conditions amended under SW 18.3 so they can work elsewhere. We can also advise on possible legal claims against an employer where exploitation has resulted in financial loss, unlawful treatment or injury and there are legal grounds to bring a claim. 

You can contact Sunrise Solicitors for free immigration advice about your Skilled Worker visa, sponsor exploitation or your options for changing or leaving an exploitative sponsor. 

What Is Skilled Worker Sponsor Exploitation? 

Skilled Worker sponsor exploitation can arise where an employer uses a worker’s job, visa sponsorship or immigration status to place unfair pressure on them or control their ability to leave employment. 

Examples may include: 

• threatening to withdraw sponsorship or report a worker to the Home Office; 

• withholding wages or paying less than the amount the worker is entitled to receive; 

• forcing a worker to accept unsafe, excessive or coercive working conditions; 

• requiring a worker to pay sponsorship costs that the sponsor is not permitted to pass on; or 

• preventing or discouraging a worker from leaving the job through threats, pressure or abuse of their immigration position;

• requiring an extra number of hours without paying;

• requiring to engage in different roles than agreed.

For example, Home Office sponsor guidance states that, for a Certificate of Sponsorship assigned on or after 31 December 2024, a sponsor must not recover or attempt to recover any part of the Certificate of Sponsorship fee or associated administrative costs from the sponsored worker. 

However, not every workplace dispute or breach by an employer amounts to modern slavery. The National Referral Mechanism (NRM) is the UK framework used to identify and refer potential victims of modern slavery. Modern slavery can include human trafficking, slavery, servitude and forced or compulsory labour. Whether a worker falls within this framework depends on the facts of the case, including the type and level of control, coercion, threats or exploitation involved.

New Skilled Worker Rules from 8 October 2026

From 8 October 2026, a new rule will allow certain Skilled Worker visa holders who have been identified as victims of modern slavery to have their normal work restrictions amended. 

Normally, a Skilled Worker is sponsored to work in a specific job and cannot freely move into other work outside the conditions of their visa. The Home Office introduced the change to allow recognised victims of modern slavery to work for any employer for the remaining duration of their existing permission. The Home Office states that the change is intended to encourage victims to come forward early and reduce the risk of the sponsorship system being used to exploit vulnerable workers. 

Where the Home Office amends the conditions under SW 18.3, the worker may be permitted to work for another employer, undertake self-employment or carry out voluntary work for the remaining period of their existing permission. Work as a professional sportsperson, including as a sports coach, will remain prohibited.

Who Can Qualify for Amended Work Conditions Under the New Rules? 

A Skilled Worker may qualify for amended work conditions under SW 18.3 where all of the required conditions are met. 

Skilled Worker Permission 

The person must hold permission as a Skilled Worker. The new rule does not create a general right for all migrant workers to work without sponsorship restrictions. It applies specifically to people with Skilled Worker permission. 

Referral into the National Referral Mechanism

The worker must have been referred into the National Referral Mechanism (NRM). The NRM is the UK framework used to identify and refer potential victims of modern slavery and ensure that appropriate support can be provided. 

A referral alone is not enough for the work conditions to be amended under SW 18.3.

Positive Conclusive Grounds Decision 

The worker must be in receipt of a positive Conclusive Grounds decision. This is a decision by the relevant competent authority that, on the balance of probabilities, there is sufficient information to decide that the person is a victim of modern slavery. 

A Reasonable Grounds decision on its own does not meet the requirement in SW 18.3. The rule specifically requires a positive Conclusive Grounds decision.

Decision Made During the Most Recent Permission 

The positive Conclusive Grounds decision must have been made during the worker’s most recent permission. 

A positive decision made during an earlier period of immigration permission does not, by itself, meet the wording of SW 18.3 for the worker’s current permission.

Can You Work for Another Employer After Sponsor Exploitation? 

Where SW 18.3 applies and the Home Office amends the person’s work conditions, the worker may be permitted to work for another employer during the remaining period of their existing permission. 

The amended conditions may allow the worker to: 

• work for another employer; 

• become self-employed; or 

• carry out voluntary work. 

However, the amended conditions do not permit work as a professional sportsperson, including work as a sports coach. 

Under the normal Skilled Worker rules, a worker may be permitted to work for another employer or for their own business for up to 20 hours per week while continuing in their sponsored job. The additional work must meet the relevant Skilled Worker requirements. These requirements depend on the occupation and the worker’s immigration history. 

Sunrise Solicitors can advise on changing employer, whether a new Certificate of Sponsorship is required from an approved sponsor, supplementary employment, or whether the worker may qualify to have their work conditions amended under SW 18.3 so they can work elsewhere. 

A worker should not assume that these wider work rights apply automatically after sponsor exploitation. The change depends on the Home Office amending the person’s conditions under SW 18.3. 

Does a Positive Conclusive Grounds Decision Automatically Change Your Work Rights? 

A positive Conclusive Grounds decision does not, by itself, mean that a Skilled Worker can immediately work without the normal restrictions attached to their visa. 

Under SW 18.3, the Immigration Rules state that the person’s work conditions may be amended where the relevant requirements are met. The worker should therefore confirm that the Home Office has amended their conditions before working for another employer, becoming self-employed or carrying out voluntary work. 

Until the conditions are amended, the worker should continue to follow the work restrictions attached to their existing Skilled Worker permission. 

Can You Leave or Change an Exploitative Sponsor? 

A Skilled Worker can leave an exploitative sponsor, but the immigration consequences depend on how they intend to continue working in the UK. 

Under the normal Skilled Worker process, a person who changes employer usually needs a new job with an approved sponsor, a new Certificate of Sponsorship and an application to update their Skilled Worker permission. They should not start the new sponsored job until the Home Office has confirmed their new permission. 

From 8 October 2026, SW 18.3 will provide a different arrangement for certain workers who have been identified as victims of modern slavery. Where the rule applies and the Home Office amends the worker’s existing conditions, they may be allowed to work for another employer without being limited to their original sponsor for the remaining period of their current permission.

What Should You Do If Your Sponsor Is Exploiting You? 

A Skilled Worker facing sponsor exploitation should check their immigration position before leaving sponsored employment or starting another job. Leaving employment without understanding the effect on existing permission may create immigration problems. 

The worker should: 

• obtain immigration advice before leaving sponsored employment; 

• keep evidence of the exploitation, such as messages, payslips, bank records, contracts and other relevant documents; 

• consider whether a referral into the National Referral Mechanism (NRM) may be appropriate; and 

• confirm their current immigration and work conditions before starting alternative employment. 

Sunrise Solicitors can assess the worker’s immigration position, advise on the effect of leaving or changing sponsor and explain whether the new provisions under SW 18.3 may apply.

How Our Skilled Worker Sponsor Exploitation Solicitors Can Help 

Our Skilled Worker sponsor exploitation solicitors can advise on both the immigration and sponsorship issues that may arise where a worker is being exploited by their employer. 

We can help by: 

• advising on changing employer, whether a new Certificate of Sponsorship is required from an approved sponsor, and whether the worker can lawfully work elsewhere under their existing or amended Skilled Worker conditions; 

• advising on possible legal action against an exploitative employer, including Employment Tribunal claims or other compensation claims where there are legal grounds to bring a claim; 

• Under employment law, we can help you claim compensation from your employer for any wrongdoing on a no win, no fee basis; 

• reviewing the worker’s current immigration status and visa conditions; 

• assessing the nature of the sponsor-related exploitation and its possible immigration impact; 

• advising on National Referral Mechanism referrals and the effect of a positive Conclusive Grounds decision; 

• explaining whether the worker may qualify for amended work conditions under SW 18.3; 

• advising on the options for leaving or changing an exploitative sponsor; and 

• reviewing available immigration options before the worker’s existing permission expires. 

Sunrise Solicitors can provide clear advice on the steps to take and the effect those steps may have on the worker’s right to stay and work in the UK. 

Frequently Asked Questions 

What can I do if my Skilled Worker sponsor is exploiting me? 

You can seek immigration advice, keep evidence of the exploitation and consider whether a referral into the National Referral Mechanism may be appropriate. You should also check your immigration and work conditions before leaving sponsored employment or starting another job. 

Can I leave my Skilled Worker sponsor? 

Yes, but leaving sponsored employment can affect your immigration position. Under the normal Skilled Worker rules, changing employer usually requires a new job with an approved sponsor, a new Certificate of Sponsorship and an application to update your Skilled Worker permission. Different provisions may apply where the Home Office amends your work conditions under SW 18.3. 

Can I work for another employer after a positive Conclusive Grounds decision? 

You may be able to work for another employer where SW 18.3 applies and the Home Office amends your work conditions. A positive Conclusive Grounds decision alone should not be treated as permission to start alternative employment. 

Does a positive Conclusive Grounds decision automatically change my work conditions? 

No. SW 18.3 states that the relevant work conditions may be amended. You should therefore confirm that the Home Office has amended your conditions before working outside the restrictions attached to your Skilled Worker permission. 

Can I become self-employed under the new rules? 

Where SW 18.3 applies and your work conditions have been amended, self-employment may be permitted. The amended conditions may also allow work for another employer and voluntary work, but work as a professional sportsperson, including as a sports coach, remains prohibited.

How long do the amended work conditions last? 

The amended work conditions apply for the remaining duration of the person’s existing permission. SW 18.3 does not itself grant a new period of immigration permission. 

Can my sponsor cancel my visa? 

A sponsor cannot directly cancel a Skilled Worker visa. However, the sponsor can stop sponsoring the worker and must report this to UKVI in relevant circumstances, including where the worker resigns, is dismissed or is made redundant. The Home Office then decides what action, if any, to take in relation to the worker’s immigration permission.