On 3 September 2026, the Home Office laid a Statement of Changes to the Immigration Rules before Parliament. Among the changes is one that matters a great deal to a particular group of workers: Skilled Worker visa holders who have been formally recognised as victims of modern slavery will no longer be tied to the employer who sponsored them.

The change takes effect on 8 October 2026. From that date, an affected worker can take a job with any employer, work for themselves, or volunteer, without needing to find a new sponsor first.

At Kenton Solicitors, our immigration team advises individuals and businesses on Skilled Worker matters from our office in Harrow. If you are on a Skilled Worker visa and believe your employer has exploited you, we can advise on where you stand.

Call us on 020 8907 2444 or request a free consultation.

Why This Change Matters

The Skilled Worker visa ties a worker to one named employer. Leave that job and you must find another licensed sponsor quickly, or your permission to be in the UK comes to an end.

For most people that is simply an administrative feature of the route. For a worker whose employer is exploiting them, it is something else entirely. It means the person with the power to end your right to remain in the country is the same person underpaying you, overworking you, or threatening you. Walking away carries a cost most people cannot afford.

That is the problem this change is aimed at. A worker who reports an exploitative sponsor, and who is formally recognised as a victim, will no longer lose their ability to work when that relationship ends.

What the New Rule Says

A new paragraph, SW 18.3, has been added to Appendix Skilled Worker. It provides that a Skilled Worker who has been referred into the National Referral Mechanism and has received a positive Conclusive Grounds decision — where that decision was made during their most recent permission — may have their work conditions amended, so that any work is permitted, including self-employment and voluntary work, except work as a professional sportsperson or sports coach.

In ordinary terms: the restriction limiting you to the job you were sponsored for is lifted for the remainder of your visa.

Who This Applies To

The protection is narrow and specific. To fall within it, a person must:

  • currently hold a Skilled Worker visa
  • have been referred into the National Referral Mechanism
  • have received a positive Conclusive Grounds decision — the formal finding that they are a victim of modern slavery
  • have received that decision during their current period of permission

Two points follow from this, and both matter.

First, believing you have been exploited is not enough on its own. The protection depends on a formal finding made through the National Referral Mechanism. Until that decision is made, the rule does not assist you.

Second, the timing requirement is strict. The decision must have been made during your most recent grant of permission. Where a visa has already been curtailed — for example because the sponsor’s licence was revoked — it is not yet clear whether any flexibility will be shown.

How the National Referral Mechanism Works

Because everything turns on that formal decision, it is worth understanding the process behind it.

The National Referral Mechanism is the framework used in the UK to identify victims of modern slavery. You cannot refer yourself into it. A referral must be made by an authorised organisation known as a first responder, which includes local authorities, the police, certain government agencies, and a number of specified charities. Your consent is required.

There are then two decisions:

  • Reasonable Grounds — an initial view that there are grounds to believe the person may be a victim. This is aimed at within five working days of the referral.
  • Conclusive Grounds — the final decision that the person is a victim, made on the balance of probabilities. There is no fixed target for this decision, and it follows a recovery period of at least 30 days.

It is the second of these that the new rule depends on.

Waiting times have improved considerably. Home Office figures show the median wait for a Conclusive Grounds decision fell to 53 days at the end of March 2026, compared with 678 days at the peak in mid-2024. The backlog has fallen by more than 80% since the end of 2022.

What Has Not Changed

This is the part most likely to be misunderstood, and it is important to be clear about it.

The changes do not alter the requirements for settlement on the Skilled Worker route. Those paragraphs of the Immigration Rules still require an applicant to be sponsored by an approved employer who confirms they continue to require the applicant’s work, at a salary meeting the relevant threshold.

In practice this means a worker can be freed from an exploitative employer and work anywhere — but if they wish to apply for settlement in due course, they will still need to find a new sponsor. Anyone told that this change brings settlement with it has been misinformed.

Other points to note:

  • The rule says “may”, not “will”. It is not yet clear whether conditions will be amended for everyone with a positive decision, or on a case-by-case basis.
  • The process is not yet known. Whether the Home Office will amend conditions and notify people, or whether a separate application will be needed, should become clear when guidance is published in October.
  • It applies only to the Skilled Worker route. Workers on other routes are not covered by this particular change.
  • It is not retrospective. The rule has no effect before 8 October 2026.

The Wider Picture

The change sits alongside a marked increase in enforcement against sponsors. The Home Office has revoked more than 7,500 sponsor licences to date, including around 1,800 in the care sector alone. In the twelve months to June 2026, 4,403 licences were revoked — a rise of roughly 140% on the previous year.

That enforcement creates its own difficulty. When a licence is revoked, the workers sponsored under it are affected too, often through no fault of their own. Part of the thinking behind the new rule is that workers who come forward should not be the ones who lose out.

The scale should also be kept in perspective. Figures obtained by the Work Rights Centre show that between January 2022 and August 2025 — a period of more than three years — only 645 holders of Skilled Worker type visas were referred into the National Referral Mechanism at all. Unless referrals increase substantially, the practical reach of this change will be limited.

What to Do If You Think This Affects You

If you are currently on a Skilled Worker visa and believe you have been exploited:

  • Get advice before you act. Leaving a job before your position is secure can affect your immigration status.
  • Keep your evidence. Contracts, payslips, rotas, messages, and any record of what you were asked to do and what you were paid. Do not delete anything.
  • Understand the referral route. You cannot refer yourself into the National Referral Mechanism — a first responder organisation must do it.
  • Check your dates. The protection requires the Conclusive Grounds decision to fall within your current permission.
  • Do not assume settlement follows. The route to settling in the UK still requires sponsorship.

If you already hold a positive Conclusive Grounds decision, you are the group this change is aimed at. Guidance explaining how it will work in practice is expected in October. Until then, do not assume your conditions have changed — the rule does not take effect until 8 October 2026.

If you are an employer, note that a worker recognised as a victim of exploitation will, from October, be able to move on without needing a new sponsor. Alongside the current rate of licence revocations, that is a reason to review your record keeping, reporting duties, and pay practices now rather than after a compliance visit.

Frequently Asked Questions

Does this mean I no longer need a sponsor at all?

Not exactly. If the protection applies to you, the restriction limiting you to your sponsored job is lifted for the rest of your current visa, and you can work for any employer. But the requirements for settlement have not changed, and those still require sponsorship. You may be free to work anywhere now, while still needing a sponsor later if you wish to settle.

Can I refer myself into the National Referral Mechanism?

No. A referral must be made by an authorised first responder organisation — a local authority, the police, certain government agencies, or a specified charity. Your consent is required for an adult referral. It is worth taking advice on how to approach this.

How long does a Conclusive Grounds decision take?

There is no fixed target, and the decision follows a recovery period of at least 30 days after the initial Reasonable Grounds decision. Waiting times have improved significantly — the median was 53 days at the end of March 2026, down from 678 days at the peak in mid-2024. Individual cases still vary.

My sponsor’s licence was revoked and my visa was curtailed. Am I covered?

This is unclear, and it is one of the main open questions. The rule requires the Conclusive Grounds decision to have been made during your most recent permission. Whether any discretion will be applied where a visa was curtailed through no fault of the worker should become clearer when guidance is published. If you are in this position, take advice on your circumstances.

Does this apply to visas other than the Skilled Worker route?

No. This change amends Appendix Skilled Worker only. Other routes are not affected by it, although separate protections may be available depending on the circumstances.

What if my Conclusive Grounds decision comes after 8 October 2026?

The requirement is that the decision is made during your most recent grant of permission, so a decision made after 8 October should fall within the rule provided you still hold Skilled Worker permission at that point. The rule simply has no effect before 8 October 2026.

Can I visit you in person?

Yes. Our office is on Kenton Road, Harrow and is open Monday to Saturday, 10am to 6pm. We also offer telephone and video consultations. Everything you tell us is confidential.

Speak to Our Immigration Team

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This article sets out general information about changes to the Immigration Rules announced on 3 September 2026 and taking effect on 8 October 2026. Home Office guidance on these changes had not been published at the time of writing. For advice specific to your circumstances, please contact us directly.

Categories: Immigration

by Naveed Ganatra

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Categories: Immigration

by Naveed Ganatra

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