Being underpaid is frightening. But does it mean you can leave your sponsor and take another job? A new Home Office protection may allow some Skilled Workers identified as victims of modern slavery to work for another employer. Here’s who qualifies, what the rule allows and where to report workplace abuse.
From 8 October 2026, Home Office sponsor guidance says an eligible Skilled Worker identified as a victim of modern slavery may have their employment conditions lifted for the remainder of their current permission. The worker must have been referred to the National Referral Mechanism (NRM) and received a positive Conclusive Grounds decision during their current period of Skilled Worker permission. This is not an automatic exemption for everyone who has experienced underpayment.
Skilled Worker visa salary rules in 2026
The usual salary requirement for most new Skilled Worker visa applications is at least £41,700 a year or the occupation’s going rate, whichever is higher. Some applicants have different rules. This visa salary threshold is separate from the National Minimum Wage. Check the GOV.UK Skilled Worker visa page for current details.
Can a recognised victim change employer?
Where the Home Office provision applies and employment conditions are lifted, the worker may take employment with any employer for the remainder of their Skilled Worker permission. The guidance includes self-employment and voluntary work, but excludes work as a sportsperson or coach.
This is different from the usual Skilled Worker change-of-employment process. In an ordinary case, a worker changing employer generally needs to apply to update their visa and should wait for approval before starting the new job. If you think the modern slavery provision may apply to you, get individual immigration advice before resigning or starting other work.
Who qualifies for the modern slavery provision?
The sponsor guidance sets out two requirements: you must have been referred into the NRM and received a positive Conclusive Grounds decision while holding your current Skilled Worker permission. A referral alone, a wage complaint, or an initial concern is not the same as meeting those stated requirements.
Underpayment is a serious workplace issue, but it does not by itself prove modern slavery. GOV.UK lists indicators of serious abuse that can include withheld wages or being forced to return wages, threats, being prevented from leaving, an employer taking a passport, or being made to work to repay a debt that keeps increasing. Each case depends on its circumstances.
What if the issue is unpaid wages
If you have not been paid the National Minimum Wage, use the GOV.UK pay and work rights complaint form. You can also contact Acas for free, confidential advice. Keep copies of payslips, bank statements, work hours and messages about pay, if safe. Underpayment can be reported even if you are unsure whether it is modern slavery.
Keep evidence if you can do so safely: your contract, Certificate of Sponsorship details, payslips, bank statements, rotas, timesheets and messages about pay, hours, deductions or threats. Store copies somewhere your employer cannot access.
Practical steps to consider
- If your salary is unpaid or below the minimum wage, use the GOV.UK pay and work rights complaint route.
- Keep copies of relevant work, pay and immigration records where it is safe to do so.
- If you are a sponsored worker experiencing serious abuse, contact the Fair Work Agency online or by email.
- Ask a qualified immigration adviser or specialist support organisation how the NRM process and your visa conditions apply to you.
- Use the pay and work rights complaint route for a minimum wage concern.
Frequently asked questions
Does being underpaid mean I am a victim of modern slavery?
No. Underpayment can be a warning sign, but it does not automatically establish modern slavery. The circumstances need to be considered through the relevant process.
What decision is needed to lift my Skilled Worker employment conditions?
Home Office sponsor guidance says you must have been referred to the NRM and received a positive Conclusive Grounds decision during your current period of Skilled Worker permission. Take advice about your individual position before relying on this provision.
Can I start a new job while an ordinary visa application is pending?
Under the usual change-of-employment process, the application must be approved before you start the new job. The modern slavery provision is separate and has its own requirements. Check which rules apply to your circumstances.
How MVK Legal may be able to help
Workplace exploitation, NRM referrals and immigration conditions can interact in complex ways. MVK Legal advises on UK immigration matters. Contact MVK Legal to discuss advice tailored to your circumstances.
This article is general information, not legal advice. Rules and guidance can change. Your options depend on your circumstances; obtain advice before taking steps that may affect your job or immigration permission.