Recognised victims of modern slavery who hold a Skilled Worker visa can now leave an exploitative or abusive sponsor and continue working in the UK without their immigration status collapsing. The Home Office confirmed the change in September 2026: “No victim of modern slavery should be trapped with an exploitative employer because of their immigration status. From today, recognised victims on Skilled Worker visas can leave abusive employers and work elsewhere without risking their immigration status.” This matters because, until now, a Skilled Worker visa’s legal tie to a single sponsoring employer was one of the biggest reasons exploited migrant workers felt unable to walk away.
This guide explains how the change works, who qualifies, and what to do next — whether you’re a worker being exploited or an employer with sponsorship duties.
If you believe you or someone you know is being exploited on a work visa, call 0207 100 2525 (24/7) or book a free, confidential consultation.
Why Was This Change Needed?
A standard Skilled Worker visa is tied to one named sponsor — you can only work for the employer stated on your Certificate of Sponsorship, and losing that sponsorship has historically put your entire right to remain in the UK at risk. Select committees and campaign groups, including the Work Rights Centre, have repeatedly warned that this structure leaves sponsored workers vulnerable to exploitation, because reporting abuse or leaving a bad employer could mean losing their visa altogether.
The legal shift behind today’s announcement follows the case of R (PS & Anor) v Secretary of State for the Home Department, in which the Home Office conceded that decision-makers have discretion to vary an existing form of leave — including Skilled Worker leave — so that a recognised trafficking or slavery survivor can instead be considered for Victim of Trafficking and Slavery (VTS) leave, without first having to give up their sponsored status and become undocumented.
What Is VTS (Victim of Trafficking and Slavery) Leave?
VTS leave is a form of temporary permission to stay granted to people formally recognised as victims of modern slavery or human trafficking through the National Referral Mechanism (NRM). It exists specifically so that survivors are not forced to choose between staying safe and staying lawfully in the UK. Recognition happens in two stages:
- Reasonable grounds decision — an initial, lower-threshold decision made shortly after a referral, confirming there’s a reasonable indication the person is a victim.
- Conclusive grounds decision — a fuller decision, made after further investigation, confirming on the balance of probabilities that the person is a victim of modern slavery or trafficking.
Referrals into the NRM can only be made by an authorised “first responder” — organisations that include the police, local authorities, the Home Office itself, and certain NGOs and support charities. Full detail on the process is set out in the official GOV.UK guidance on the National Referral Mechanism, and the statutory framework sits in the Modern Slavery Act 2015.
How Does This Help Skilled Worker Visa Holders Specifically?
Previously, a Skilled Worker whose sponsorship ended — including by walking away from an abusive employer — risked falling out of lawful status entirely. Under the confirmed approach, someone recognised as a victim of modern slavery can instead have their existing Skilled Worker visa leave varied, so they can be properly considered for VTS leave rather than being treated as having no valid immigration status the moment they leave their sponsor. In practice, this means:
- You do not need to remain with an exploitative sponsor purely to protect your immigration status.
- You can seek NRM recognition and support without it automatically ending your right to work and remain in the UK.
- Your case is assessed on the correct legal basis — as a modern slavery survivor — rather than being treated as a straightforward sponsorship breakdown.
This sits alongside the existing rules on extending or switching a Skilled Worker visa and on how Certificates of Sponsorship work — it doesn’t replace them, but it gives recognised victims a route out of a sponsorship arrangement that isn’t safe.
What Should Employers and Sponsors Know?
If you hold a sponsor licence, this change is a reminder that safeguarding duties sit alongside your compliance obligations — the two are not in tension. A sponsor who becomes aware that a sponsored worker may be a victim of modern slavery should refer them to appropriate support rather than treating their departure as a compliance failure to be managed defensively. This is particularly relevant in sectors that have faced repeated scrutiny over migrant worker exploitation, including care work under the Health and Care Worker visa route. Employers should also be aware that separate obligations under the Modern Slavery Act 2015 and general employment law duties continue to apply regardless of a worker’s immigration route.
What Should You Do If You're Being Exploited on a Work Visa?
Get advice before you act, but don’t let fear about your immigration status stop you from seeking help. Practical first steps include:
- Contact a specialist immigration solicitor or an established anti-slavery charity — a first responder organisation can make an NRM referral on your behalf.
- Keep any evidence you safely can — messages, payslips, contracts, and dates of significant incidents.
- Get advice on your specific visa position before approaching your employer directly, particularly if you’re unsure whether you’d be treated as a recognised victim.
- If your case also involves a fear of returning to your home country, ask about how this interacts with seeking asylum in the UK — modern slavery and asylum claims can run alongside one another.
This article is for general information only and does not constitute legal advice. Immigration, family, employment and property law change regularly, and this post reflects the law as at the date of publication — it may not account for later changes. For advice specific to your circumstances, please contact Adam Bernard Solicitors for a consultation.
How Adam Bernard Solicitors Can Help
Our immigration solicitors in Central London and East London advise both sponsored workers who believe they’re being exploited and employers navigating their sponsor licence obligations. We can help you understand whether you’re likely to be recognised as a victim, support an NRM referral, and advise on varying your leave — all handled sensitively and in confidence.
