Warning over visa scammers targeting students and healthcare workers

A recent investigation by the BBC has revealed an illegal visa network has stolen tens of thousands of pounds from international students looking for sponsored work in the UK.

Scammers posing as recruitment agents have been targeting international students who wanted jobs in the care industry, offering worthless visa documents that victims hoped would enable them to work in the UK.

The students paid up to £17,000 each for a Certificate of Sponsorship (CoS) that should have been free. When using these certificates to apply for a Skilled Worker visa, 86 victims had their applications rejected by the Home Office for supplying invalid documentation. A further 55 successfully obtained a visa, but the care homes they had been promised work with said they had no record of the arrangement.

Most victims have not contacted the police as they are ‘terrified’ of the Home Office and the consequences of reporting the scam. Many also say they are ‘trapped’ in the UK after losing all their money and being too afraid to return to their home country. Some of the victims have made great attempts to remain in the UK legally, but now face being deported.

A Home Office spokesperson told the BBC that there were “stringent systems in place to identify and prevent fraudulent visa applications, and any individual being targeted by these fraudsters needs to know that if their sponsorship certificate is not genuine, it will not succeed. We will continue to take tough action as well against any unscrupulous companies and agents who are seeking to abuse, exploit or defraud overseas workers.”

Luke Piper, Head of Immigration at the Work Rights Centre said that the government needs to offer greater support to victims of visa scams, and “create a framework of safe reporting without fear of reprisal from the Home Office simply because they’ve reported their employer to them.”

The government has recently tightened the rules for international students seeking to work in the UK and has introduced stricter rules for overseas care workers and their employers under the Health and Care Worker route.

Students banned from working before completing their studies

In July 2023, the government removed the ability for international students to switch out of the Student route into work routes before their studies have been completed. This change was intended to dispel the Home Office’s concern that too many people were using the Student route as a “backdoor route to work in the UK”.

Before the change, there was a six-fold increase in applications from students to obtain UK work visas – with over 26,000 between June 2022 to June 2023, up from 3,966 the year before.

Most international students starting courses from January 2024 are also banned from bringing dependant family members to the UK with them. The only exception is for those on certain postgraduate research programmes.

Healthcare sector ‘high risk’ according to Home Office

Since the Health and Care Worker visa was expanded to make care workers and home carers eligible for sponsorship in February 2022, this route has been the main work sponsorship category utilised by employers in the adult social care sector.

However, the adult social care sector has been identified by the Home Office as a ‘high risk’ sector when it comes to international recruitment.

Changes have now been introduced to tighten the Health and Care Worker route in response to high levels of non-compliance and worker exploitation and abuse, as well as unsustainable levels of demand.

Since March 2024, care workers have been banned from bringing dependant family members with them to the UK. The rules have also been tightened to ensure that care providers in England can only sponsor migrant workers if they are undertaking activities regulated by the Care Quality Commission (CQC).

As a result of increased compliance action against illegal working in the UK, several healthcare providers have appeared recently on the Home Office’s illegal working penalties lists, alongside other ‘high risk’ businesses such as restaurants, car washes and barber shops.

Avoiding visa scams and compliance action

The UK’s immigration system is well known for being one of the most expensive in the world, but for victims of visa scams the consequences can be devastating.

Visa applicants are reminded to stay vigilant against scams and illegitimate agents offering sponsorship or visa arrangements that sound ‘too good to be true’. If you have any doubts, speak to the Home Office or an OISC regulated immigration advisor before parting with any money.

With actions against illegal working by the Home Office now on the rise, employers should also be prepared for greater scrutiny of their compliance procedures, particularly if you are operating in a high risk sector.

Smith Stone Walters can advise your business on your legal obligations when sponsoring overseas workers and help you remain compliant with immigration law. To find out more about our services, please contact us today.