Employers in the care sector must now prioritise recruiting workers from England, according to new rules laid before parliament this week.
From 9 April, care providers who want to recruit a new worker from overseas will first have to prove that they have already attempted to recruit someone who is in the country and needs new visa sponsorship.
The government says this will ensure that workers who came to the UK to pursue a career in adult social care can do so, but will lessen providers’ reliance on overseas recruitment.
It will also help the crackdown on employers who abuse the visa system, the Home Office said. In November, the government announced that businesses who repeatedly break immigration and employment laws will be banned from sponsoring overseas workers.
Care sector
In addition to the requirement to recruit from England first, there will also be changes to the short-term student route, which allows people studying an English language course to stay in the UK for between six and 11 months.
The government believes this route is often being abused “by those without a genuine intention to study or to leave the UK at the end of their course”. Caseworkers will be given expanded powers to refuse visa applications if they believe them not to be genuine.
Care minister Stephen Kinnock said: “International care workers play a vital role in our social care workforce. We value their contribution and work supporting vulnerable people across the country every day.
“As we crack down on shameful rogue operators exploiting overseas workers here in the UK, we must do all we can to get the victims back into rewarding careers in adult social care.
“Prioritising care workers who are already in the UK will get people back to work, reduce our reliance on international recruitment, and make sure our social care sector has the care professionals it needs.”
Between July 2022 and December 2024, the government revoked more than 470 sponsor licences in its clampdown on abuse of the visa system, it said.
Oliver O’Sullivan, director of immigration at Migrate UK, said the changes were in response to thousands of workers being offered sponsorship by providers but then arriving in the UK with no position available.
Other providers had been sponsoring multiple workers to fulfil a future contract, which then did not proceed.
“This means that there is an unknown number of Skilled Worker Health and Care visa holders who are in the UK without sufficient employment and held in limbo,” he explained.
From 9 April, future sponsors will now have to demonstrate that they have been unable to find a suitable worker from this pool.
“Amendments are being made to the rules regarding approving a visa in this category, meaning that a visa can be refused if there is not sufficient evidence that they have attempted to recruit a worker under this provision.”
The Home Office has also announced this week that the minimum salary for workers on the Skilled Worker visa will increase to £25,000 per year from 9 April, which means care workers on this visa will receive a minimum of £12.82 an hour.
Gavin Edwards, head of social care at Unison, which represents thousands of care workers, said: “Enabling care staff on visas to move to another sponsor more easily is a vital step in protecting them from exploitation.
“Thousands of migrant care workers have been at risk of being deported through no fault of their own, often because of dodgy employers or a care provider going bust.
“Overseas staff can currently lose their job and be forced out of the country simply for raising issues about care standards or being treated poorly. It’s not right that they should pay a greater price than bad providers.”
Edwards added that the government could go further to protect care workers, however.
“This move is a positive step, but further measures will be needed given the vulnerability of overseas workers,” he said.
“Ultimately, the government should remove visa sponsorship from individual employers and implement a sector-wide scheme.”
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