Health and Care Visa 20-hour cap exemption
In February 2023, the Home Office announced a change to supplementary work rules for sponsored workers in the UK on a Health and Care Visa.
This means that Health and Care Visa holders are permitted to work more than the current 20 hours per week for an additional employer without having to notify the Home Office. Any supplementary hours worked beyond the 20 hours must be in an eligible Health and Care Visa role.
The exemption is in place for six months, after which the exemption will be reviewed (August/September 2023).
The full guidance can be found on the .GOV website.
As the main employer, you have a duty of care to monitor all working hours to ensure that employees are working safely and efficiently, taking into consideration their wellbeing and requirements for breaks and time between shifts in accordance with the Working Time Directive. As with all employees, it should be made clear to international recruits that there is no obligation for them to work beyond their contracted hours for any organisation.
For non-medical and dental staff, further information can be found in the NHS Terms and Conditions of Service Handbook chapter 4; section 27; Working time regulations. This provides information on:
- employee protection
- maximum weekly working times
- rest breaks
- daily and weekly rest periods.
For medical and dental staff please refer to the Terms and Conditions for Doctors and Dentists in Training (2016) schedule 3 or SAS contract reform 2021. These include information on:
- limits on hours
- breaks
- on-call
- locum work.
NHS Employers resources to support employers and individuals on a healthy work life balance include:
