Updated sponsor guidance: Modern slavery victims on Skilled Worker visa exempt from tied-sponsor requirement
UK Visas & Immigration (UKVI) has released a revised version of its ‘Workers and Temporary Workers—Part 2’ sponsor guidance, effective from 8 October 2026. The most notable modification is the introduction of paragraphs S8.28–S8.29, which create a unique provision for Skilled Worker migrants formally identified as victims of modern slavery. From this date workers will be able to change employer without initially having to go through the regular ‘cooling-off’ or new-certificate process, providing specific evidence requirements are fulfilled. Previously, Skilled Workers were virtually tethered to their sponsoring employer unless they gained a new Certificate of Sponsorship (CoS) and completed a variation application, which might take months and often stopped victims from coming forward. The modification aligns the Immigration Rules with broader UK anti-exploitation policy and meets promises outlined in Statement of Changes HC 584 last month.
The change is a double-edged sword for licensed sponsors. On the other hand, organisations that find symptoms of forced labour can now assist an employee impacted by forced work to leave the abusive environment, without the danger of infringing immigration rules. However, organisations hiring transferred staff under the new concession will face additional due diligence obligations to verify from the outset the employee’s referral status and compensation compliance. Failure to follow the amended steps may result in a downgrading of licenses.
Implications for practice: Mobility and HR departments should amend recruitment checklists and instruct Level 1 SMS users on the documented proof that UKVI requires (usually a ‘positive conclusive grounds’ judgement from the Single Competent Authority). Sponsors may also want to consider whistle-blowing routes and modern-slavery remarks to highlight the immigration element. As the guidance is in the public domain any Skilled Worker from any sector could now look at the new paragraphs when approaching NGOs or the Home Office. Sponsors working in high risk supply chains (care, agricultural, construction, hospitality) should be prepared for potential questions and be ready to offer independent help. In the following 12 months, experts expect to see a marked increase in applications for change of employment under the concession.