Your sponsor has reduced your shifts. Bills are building up. An agency offers you work this weekend, but you are worried about what accepting it could mean for your visa.
For many sponsored carers, the question is personal: “How do I keep earning without putting my immigration status at risk?”
Sponsored carers may be able to take additional agency work, but permission depends on more than staying within 20 hours. Your sponsored employment, the additional role, your immigration history and the timing of the work all matter. This guide explains what to check before accepting another shift and where to get help if your circumstances are unclear.
This article provides general information, mainly for workers on the Health and Care Worker visa route. It does not replace individual advice from a regulated immigration adviser.
What changed in the October 2026 right-to-work rules?
From 1 October 2026, the UK right-to-work scheme expanded to cover additional working arrangements, including qualifying worker contracts, individual subcontractors and certain online matching services.
The Home Office published its final employer’s guide to right-to-work checks on that date.
For carers, it is important to separate two questions:
- Has the employer carried out the correct right-to-work check?
- Does your immigration permission allow you to do the particular work offered?
The October changes concern how organisations prevent illegal working across different arrangements. They do not create an unrestricted allowance for sponsored carers to accept extra work.
Equally, an agency asking for further evidence does not, by itself, mean that your visa has been cancelled.
Can sponsored carers take agency shifts under the 20-hour rule?
Potentially, but 20 hours is a limit, not automatic permission to take any job. The GOV.UK guidance on additional work explains that additional paid work normally depends on continuing the job you are sponsored to do. The additional occupation must also qualify under the relevant rules. Where supplementary employment is permitted, it must normally:
- Stay within 20 hours a week in total across additional employers.
- Take place outside the contracted hours of your sponsored employment.
- Meet the applicable occupation requirements.
For example, 12 hours with one agency and 10 hours with another agency totals 22 hours. Registering with different agencies does not give you separate 20-hour allowances.
There are also transitional provisions linked to immigration history, including rules concerning permission held before 22 July 2025. A colleague’s eligibility does not establish yours. Before accepting work, ask for a written description of the role and proposed hours. Your actual duties and immigration conditions matter more than the job title used in an advert.
My sponsor is not giving me enough hours. Can I replace them with agency shifts?
Do not assume that unused sponsored hours become an allowance to work elsewhere. If your sponsor has reduced your shifts, start by establishing what has happened to your existing employment. Ask your employer:
- Am I still employed in my sponsored role?
- Is this reduction temporary?
- What hours and pay am I entitled to under my contract?
- When should I expect the situation to be reviewed?
- Can you confirm this position in writing?
Keep your employment contract, recent rotas, payslips and written responses. These records help an adviser distinguish between reduced shifts, an employment dispute and the end of a sponsored job.
Supplementary employment normally depends on continuing your sponsored employment, subject to relevant exceptions. If that employment has stopped, your ability to work elsewhere needs particular attention. The Home Office sponsor guidance, section S8 sets out the relevant conditions. Financial pressure makes quick decisions tempting. However, an agency offering work does not establish that your visa permits it.
What if I have worked but have not been paid?
Missing wages are an issue that deserves attention alongside your immigration position. Compare what you received with your contract, payslips, timesheets and approved shifts. Write down the amount you believe is missing and the dates involved. Raise the discrepancy with your employer or payroll team and keep a copy of the communication. Acas guidance on unpaid wages explains how to check your pay and identify what you may be owed. Acas covers England, Scotland and Wales. Workers in Northern Ireland should use the appropriate local employment-advice service. You may need both employment advice and immigration advice. Resolving one does not automatically resolve the other.
The agency accepted my share code. Does that mean every shift is allowed?
A share code enables a check; it does not give unrestricted permission to work. The employer must use the appropriate Home Office service, check the result and confirm that you are permitted to do the work offered. For supplementary employment, it may also need evidence of your main sponsored role and contracted hours. This helps establish whether the additional work meets the requirements. If the agency asks for more information, request a clear explanation:
“Please confirm what evidence you need to establish that I can undertake this role as supplementary employment.”
That is more useful than relying on a general assurance that your documents have been accepted. Read the official guidance on proving your right to work to understand the available evidence routes.
My BRP has expired. Have I lost my right to work?
An expired Biometric Residence Permit (BRP) does not, by itself, establish that your immigration permission has expired. However, an expired physical BRP is not acceptable evidence for a manual right-to-work check. Check your current digital immigration status using the official service to view your eVisa and obtain a share code. Review the permission and conditions displayed. If the information appears incorrect, use the support or reporting route provided through GOV.UK. Avoid making assumptions based only on the date printed on an old card.
What if my eVisa is incorrect or I cannot generate a share code?
Tell the employer promptly and explain the problem accurately. Keep any relevant reference numbers and records of technical difficulties. The Home Office Employer Checking Service may help where an employer cannot verify someone’s status through the usual routes. GOV.UK identifies technical difficulties and certain outstanding applications, appeals or reviews as situations where the service may be relevant.
A technical problem needs investigation. It should not automatically be treated as proof that you have permission to work or proof that you do not. If shifts are being withheld, ask the employer what verification it needs and whether the Employer Checking Service is appropriate.
Can I start with a new sponsor while my application is being processed?
Where a change-of-employer application is required, you should not start the new job until your new permission is confirmed. A job offer, an assigned Certificate of Sponsorship or a submitted application is not the same as granted permission. The new role must meet the relevant eligibility requirements. For care workers and senior care workers changing employer in England, the new employer must also be registered with the Care Quality Commission.
Read the official guidance on changing job or employer before agreeing a start date.
Ask the prospective employer to confirm which stage you have reached:
- An offer of employment.
- Assignment of a new CoS.
- Submission of the visa application.
- Confirmation of new permission.
Understanding the difference can prevent confusion when an employer says that your “sponsorship is sorted”.
Will working through an umbrella company or being self-employed solve the problem?
Changing how you are paid does not establish that your immigration permission allows the work. Being paid through an umbrella company, issuing invoices or describing yourself as self-employed is not a substitute for checking your visa conditions. The expanded right-to-work scheme includes certain arrangements outside ordinary employment. The actual contractual relationship matters.
Before agreeing, establish:
- Who is engaging you?
- Who will pay you?
- What work will you perform?
- What hours are involved?
- Which immigration conditions permit that work?
If the explanation is simply that “everyone does it”, ask for a clearer answer.
Your checklist before accepting another agency shift
Keep the following information together so you can respond to an offer without rushing:
- Your current permission: Review your eVisa and decision information.
- Your sponsored employment: Clarify your role, employment position and contracted hours.
- The additional job: Obtain the employer’s details, duties and proposed hours.
- Your weekly total: Record additional hours across every employer.
- Outstanding questions: Resolve uncertainty before starting the work.
- Supporting records: Save contracts, rotas, payslips and relevant correspondence securely.
For wider sector information, explore HSCPN’s health and social care resources. General resources can help you prepare questions, but your individual permission still needs its own assessment.
Frequently asked questions
Can I do more than 20 hours with a second employer?
GOV.UK says additional work above 20 hours a week requires a visa update, an eligible role and a new CoS from the second employer. Do not assume you can start first and regularise the position later.
Is overtime with my sponsor the same as agency work?
No. GOV.UK treats overtime in the job you are sponsored for separately and says a visa update is not required for that overtime. A shift is not automatically sponsored-job overtime simply because it takes place at the same care setting.
Does a friend’s right to work mean I have the same rights?
No. Visa routes, immigration histories and conditions differ. Your friend’s experience may highlight a question to investigate, but it cannot verify your eligibility.
Must a care home repeat every agency right-to-work check?
The Home Office guide says routine duplication by the hirer is not intended in a standard agency supply arrangement where the agency directly engages the worker. Different contractual arrangements need assessment.
Should I keep records of shifts I have declined?
Keeping relevant written offers and communications can help explain what happened if questions arise. Record the hours you actually worked accurately and retain the corresponding rotas and payslips.
Who can advise me about my circumstances?
Use GOV.UK to find a regulated immigration adviser or an appropriately regulated solicitor. Check registration and fees before instructing them. Bring your immigration information, employment records and details of the proposed work.
Get clear answers before accepting your next shift
Sponsored carers considering agency work need practical information about income, employment and immigration permission.
Before accepting another booking, establish whether the role is permitted, whether the hours fit and whether your sponsored employment remains in place.
You can explore listed sector services through the HSCPN supplier directory. Check the professional’s relevant regulatory status before requesting individual immigration advice.
For topics you would like future information sessions to address, contact HSCPN. Direct care providers seeking ongoing sector information and networking can also explore HSCPN Premium Membership.
You deserve clear answers before making decisions that affect your livelihood. Check early, keep records and seek advice that considers your circumstances.
