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Skilled Worker Visa: New Rule Allows Victims of Modern Slavery to Change Employers
- Hextons UK
- 12 hours ago
- 6 min read
For years, the Skilled Worker visa has carried a fundamental restriction: your right to remain in the UK is tied to a single sponsoring employer named on your Certificate of Sponsorship. If you leave that job, you must find a new sponsor quickly or risk losing your immigration status entirely.
This restriction has left thousands of migrant workers trapped in exploitative workplaces, afraid to speak out or walk away. Employers who knew their workers' visas were tied to them could act with impunity, knowing that complaints could be met with the threat of deportation.
That is now changing.
On 3 September 2026, the government laid a Statement of Changes to the Immigration Rules (HC 584) before Parliament. A new paragraph, SW 18.3, will allow certain Skilled Workers who have been recognised as victims of modern slavery to have their employment conditions amended. The change takes effect from 8 October 2026.
This blog explains what has changed, who is eligible, what it means for workers and employers, and how to access this vital new protection.
What Has Changed?
Under the previous rules, a Skilled Worker visa was tied to a specific employer. If you wanted to leave your job, you had to find a new sponsor with a valid sponsor licence and secure a new Certificate of Sponsorship—all within a limited timeframe, with no formal grace period.
The new rules remove that restriction for victims of modern slavery. Once formally recognised, the worker is no longer bound to their exploitative employer. They can:
Work in any occupation for the remainder of their visa validity
Work for any employer, not just one with a sponsor licence
Become self-employed or carry out voluntary work
The permission lasts only for the remaining duration of their existing immigration permission. It does not extend the visa beyond its original expiry date.
Work as a professional sportsperson or sports coach remains prohibited.
Who Is Eligible?
The new protection applies only to workers who meet a strict set of conditions:
Requirement | Details |
Visa route | Must be a Skilled Worker visa holder (including Health and Care Worker visa) |
Lawful entry | Must have entered the UK legally and complied with the terms of their visa |
Formal recognition | Must receive a positive conclusive grounds decision through the National Referral Mechanism (NRM) |
Timing of decision | The conclusive grounds decision must have been received during the worker's most recent period of permission |
The NRM is the official framework for identifying and supporting victims of trafficking and exploitation in the UK.
Once a positive conclusive grounds decision is made, the condition binding the worker's visa to a specific employer is lifted.
What Constitutes Modern Slavery?
The Home Office has clarified that modern slavery in this context can include:
Harsh or degrading working conditions
Withheld wages
Deception over contracts
Intimidation, threats, or violence
Restricted movement
Confiscated passports
These often occur in combination.
Importantly, the protection does not apply to every worker who has experienced poor treatment, wage underpayment, or an employment dispute. The threshold for a positive conclusive grounds decision is high. The person must first be formally recognised as a victim of modern slavery through the NRM.
The Government's Position
Jo White MP, Parliamentary Under-Secretary of State for Migration and Citizenship, set out the government's position in a written statement to Parliament on 3 September 2026:
"To ensure that victims of exploitation do not face further vulnerabilities, the changes we are making now allow victims who entered the UK legally and have been recognised as victims of modern slavery, to undertake work in any occupation for the remaining duration of the visa validity. This incentivises victims to come forward early and guards against those who seek to weaponise the sponsorship system in order to exploit vulnerable workers."
The government's message to exploitative employers is unambiguous: "Rogue sponsors who exploit workers will face the full force of the law."
Why This Change Matters
The sponsorship system, introduced in 2021, has left thousands of workers at the mercy of bad employers. With no recourse to public funds, many felt unable to walk away from abuse. Workers have reported:
Underpayment
Excessive hours
Unagreed zero-hour contracts
Threats of deportation if they complained
The Salvation Army, which holds the government contract to support identified victims, welcomed the move. Its deputy director of anti-trafficking and modern slavery, Maj Heather Grinsted, called the ability to change sponsor "a crucial way to help them rebuild their lives safely and with dignity".
Dr Dora-Olivia Vicol, chief executive of the Work Rights Centre, was more cautious, saying the changes "could be a game-changer" only if workers can actually access the referral system. Many never do, she said, because they fear losing their job, do not know their rights, or are unaware the mechanism exists.
How to Access This Protection
If you are a Skilled Worker visa holder experiencing exploitation, here are the steps to take:
Break the silence – Speak to a specialist immigration solicitor or an established anti-slavery charity
Make an NRM referral – This can be done by a First Responder organisation (such as the police, local authorities, or charities)
Receive a positive conclusive grounds decision from the Home Office Competent Authorities
Once recognised, the restriction tying your visa to your employer is lifted
Crucially, this protection does not require you to have the permission or cooperation of your current employer.
What About Employers?
For sponsoring employers, this change is a clear warning:
Compliance obligations remain – you must safeguard your workers' rights and meet your duties under the Modern Slavery Act 2015 and general employment law
If you suspect a worker may be a victim of modern slavery, you should refer them to appropriate support without delay
Enforcement is escalating – the Home Office has revoked more than 7,500 sponsor licences to date, including 1,800 in the care sector alone
Between July 2025 and June 2026 alone, UKVI revoked 4,403 sponsor licences – a 140% rise compared to the previous year. Where evidence of criminality is found, sponsors will be referred to police.
The Broader Context: Calls for Further Reform
While campaigners and unions have welcomed this change, many have called for more fundamental reform.
The Royal College of Nursing (RCN) said it was concerned that exploitation would largely be left "unaddressed" and urged the government to be "far bolder" and untie all migrant health and care worker visas from employers, not just those who meet the category for modern slavery.
RCN general secretary Professor Nicola Ranger said:
"Modern slavery is a shocking crime and it's right that the government is starting to take action. The reality is these changes alone will leave most of the exploitation unaddressed, with some employers using a wider spectrum of exploitative practices that wouldn't meet the very high threshold for modern slavery. Far too many employers will still be able to use the threat of withdrawal of visa sponsorship to act with impunity, including by altering contracts, reducing pay and hours, or extorting money. The government needs to be far bolder and untie all migrant health and care worker visas from employers, not just those who meet the category for modern slavery."
The government's Immigration White Paper also includes wider, as-yet-unspecified
proposals to make it easier for sponsored workers to change employers.
Key Takeaways
What | Skilled Worker visa holders recognised as modern slavery victims can work in any occupation |
When | From 8 October 2026 |
Who | Workers on the Skilled Worker route (including Health and Care) with a positive conclusive grounds NRM decision received during their current permission |
What it allows | Work for any employer, self-employment, voluntary work – for the remaining visa duration |
What it does NOT do | Extend the visa beyond its original expiry date |
What is prohibited | Work as a professional sportsperson or sports coach |
Next steps for workers | Seek legal advice, make an NRM referral, obtain conclusive grounds decision |
Next steps for employers | Review compliance obligations, refer suspected victims to support |
How Hextons Law Can Help
At Hextons Law, we understand that navigating the intersection of immigration and employment rights can be complex and daunting.
We can assist with:
Advising on your eligibility for protection under the new rules
Guiding you through the NRM referral process
Supporting you in leaving an exploitative employer without jeopardising your immigration status
Advising employers on their compliance obligations and how to support workers who may be victims of modern slavery
Sponsor licence compliance – ensuring your business meets its duties and avoids enforcement action
If you are a worker facing exploitation, or an employer seeking to ensure compliance, contact Hextons Law today for confidential, expert advice.
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