Date updated: Thursday 4th April 2024
The Government’s five point plan to reduce net migration to the UK includes substantial reforms to the sponsorship regime and work visas from 4 April 2024 for all UK employers. The reforms aim to make recruitment of overseas workers less attractive to employers by increasing the minimum salary at which sponsorship is possible.
The Health and Care Sector faces an acute shortage of staff and therefore sponsors the majority of all overseas workers in the UK. There is a specific Health and Care visa which has always been exempted from the planned hike to the general salary threshold of £38,700, in recognition of the reliance on overseas workers to fill essential vacancies. Nevertheless, we look at the impacts of a tighter environment for business and charities in the Care Sector in the article below.
There was a legal change from 11 March to require that all sponsored licence holders in England that carry out regulated activities be registered with the Care Quality Commission (CQC) if they wish to sponsor Care Workers or Senior Care Workers. This will therefore limit which caring organisations can sponsor carers.
Workers sponsored in Health and Care Sector roles must be paid whichever is the higher of:
a) a general salary threshold £29,000 (which can be discounted to £23,200)
b) the going rate for the individual role (based on 2023 pay data)
Yes. A discount would continue to apply to new entrants under 26 years of age to bring the general threshold down to £23,200 and reduce the going rate by 30%. The salary would still need to meet the higher of these two figures.
Yes. A reduced salary threshold of £26,100 and 10% reduction on the going rate will be available for workers with a PhD that is relevant to their healthcare role. A reduced salary threshold of £23,200 and 20% reduction on the going rate will be available for healthcare workers with a PhD in a STEM subject.
General roles within any Trust or Health and Care business could fall outside the Health and Care Visa scheme. They would then need to be paid whichever is the higher of:
a) the £38,700 general Skilled Worker threshold; or
b) the going rate for the role (which will increase to 2023 rates)
It is possible to offer supplementary employment of up to 20 hours a week to anyone with a Health and Care or other Skilled Worker visa without holding your own sponsor licence. From 4 April it will no longer be necessary for this employment to be in the same role or profession as the overseas workers Certificate of Sponsorship (CoS) This brings greater flexibility for employers and sponsored workers in the Care sector. However, you must still check that the terms of the underlying full-time sponsorship are being met by the sponsor. In practice, many overseas workers are not being given sufficient hours by their sponsor to meet the terms of their sponsorship. If you want to employ an overseas worker to fill a full-time vacancy, we recommend you obtain a sponsor licence and sponsor them directly to ensure a right to work in the UK.
The rules on family sponsorship have been tightened for certain roles. New overseas workers filling Care Worker or Senior Care Worker roles will no longer be able to bring their family to the UK. However, it will still be possible for overseas workers in other Health and Care occupations to sponsor their family to join them or stay with them in the UK. Any Care Worker or Senior Care Worker working in the UK before the change took affect continues to be able to sponsor dependants.
You may find our case study, looking at a care home with two urgent carer worker vacancies helpful. It can be read in full here.
Our Immigration Team supports employers in the Health and Care Sector with all aspects of sponsor licencing and immigration compliance. There is a considerable risk in the sector and our right to work audit, training and ad hoc advice services can help protect your business.
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