How will the UK’s immigration reforms impact care homes?

The UK’s immigration reforms come into force from early 2024 and are designed to reduce net migration; this could have an impact on the care sector, which relies on overseas recruitment to fill gaps in staffing.

What are the key changes for the Care sector?

From 11th March 2024, social care providers in England will now only be able to sponsor care workers if they are providing services regulated by the Care Quality Commission.  

Health and Care visas will no longer be able support dependants, and therefore newly arriving care workers must be willing to leave their family overseas.  This ban on dependants and the requirement to be registered with the CQC is set to come into force on 11 March 2024.

The government has clarified that “those coming on the Health and Social Care Visa route will be exempt from the £38,700 salary threshold applied to skilled workers, so that we can continue to bring the healthcare workers that our care sector and NHS need.”

Will this effect current care worker in the UK?

Care workers and senior care workers already living in the UK with their dependant family will be able to remain; they can extend their visa with their current employer, changing their employer and settle in the UK together with their dependants.

If a care worker already has a visa at the time the Immigration Rules changes (11th March 2024), they will be allowed to bring their dependants to the UK for a long as they have a valid visa.
Individuals in the UK on another visa may switch into the care visa route but would not be able to bring dependants.

Any sponsored worker working for Care providers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the Immigration Rules changes (11th March 2024) will be able to remain; they can extend their visa with their current employer, changing their employer and settle in the UK together with their dependants.  Care providers will not be able to sponsor new workers for those roles after the change.

What are the wider changes?

The further reforms announced in the Government’s five-point plan mean:

• The minimum salary for skilled workers overall will be raised to £38,700 from April 2024.  A significant number of vacancies across most sectors will no longer be eligible for sponsorship.   This will not apply to those in health and care roles or those on national pay scales (including teachers) who will continue to benefit from a lower minimum salary in recognition of sector shortages.
• The shortage occupation list, which identifies roles with UK skills shortage and allows a 20% salary discount, will be reformed and/or replaced no earlier than April.  Sponsorship may not be possible for current shortage vacancies (dependant on salary).  
• British citizens and people settled in the UK will need to document a minimum income of £29,000 from 11th April 2024 before they can bring their Partner and/or children from overseas – a significant increase on the current threshold of £18,600. The minimum income will eventually rise to £38,700 but no timeline has been given for this.   The new income does not need to be met by those who already live in the UK and need to extend their visa.
• Graduate visas which offer a two-year access to the UK labour market to international students who complete their studies in the UK will be reviewed from January until late 2024.  Employers should be on alert to the removal of this right to work. 

Family migration minimum income

• Those who already have a family visa within the five-year partner route, or who apply before the minimum income threshold is raised, will continue to have their applications assessed against the current income requirement and will not be required to meet the increased threshold. This will also be the case for children seeking to join or accompany parents.
• Anyone granted a fianc(é)e visa before the minimum income threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route.
• Those already in the UK on a different route who apply to switch into the five-year partner route, after the minimum income requirement has been increased, will be subject to the new income requirement.