The changes in UK immigration policy which were announced by the Home Secretary in December 2023 have now come into force. The aim was to regulate migration by prioritising the local workforce for suitable roles and providing them with necessary training. We have seen similar initiatives in the past, with the introduction of the Immigration Skills Charge, increased visa fees and salary thresholds for Skilled Worker visas, but figures have continued to grow.
The care sector has benefited from reduced rates to compensate for recruitment challenges after Brexit, when freedom of movement came to an end. This has led to record figures in net migration, and in some cases, abuse of the Skilled Worker visa route. The latest measures are designed to address these issues, but their effectiveness remains to be seen.
Some of the most relevant changes include raising the Skilled Worker salary threshold, revising migrants’ eligibility to bring dependants, replacing the Shortage Occupation List (SOL) with an Immigration Salary List (ISL) and raising the minimum income threshold for the family route, amongst others. There will be more changes for family members of British citizens, and fee increases in 2024, with a potential review or cancellation of the Graduate visa route.
What you need to know
Here are the main changes pertaining to the Health and Care Worker visa route:
- Dependants: As of 11th March 2024, migrants applying for Entry Clearance under the Health and Care Worker visa route cannot be accompanied by their dependants. There is an exception for migrants sponsored under SOC 6145 (care workers and home carers or 6146 senior care workers), provided they were sponsored under the previous rules and have continuously held permission as a Skilled Worker; any worker who was granted a Skilled Worker visa before this date and has not switched to a different visa category can still bring dependant family members (partner and children under 18).
- SOC code changes: The Standard Occupational Classification (SOC) has been updated from SOC 6145 to SOC 6135 for care workers and home carers and from SOC 6146 to SOC 6136 for senior care workers. Besides, the SOL has been replaced with the ISL.
- Salary threshold: The salary threshold for Skilled Workers has been raised to £38,700. There is an exception for migrants sponsored under the Health and Care Worker visa with a general minimum salary of £29,000 and for those roles on the ISL, either £23,200 for 37.5 hours or their occupation specific threshold, whichever is higher.
- Sponsor requirements: Sponsors must now hold active registration with the Care Quality Commission (CQC) and be currently undertaking at least one ‘regulated activity’.
- Sponsor Licences: Licences are set to auto-renew from 6th April 2024, although it is advised to monitor the expiry date closely in these early stages of implementation.
The outlined changes will undoubtedly have profound implications for individuals, employers, sponsors and the broader care sector, as well as the general economy. There are additional moral considerations that the Government may not have fully taken account of, particularly concerning the prohibition on care workers bringing dependants to the UK.
Responding to change
Records indicate a scarcity of service providers in the sector, with care workers often experiencing overwork, which can detrimentally affect their health and wellbeing. The contribution of domestically recruited staff in the social care sector is pivotal to the UK’s care system, but the demand is higher than the figures the local workforce can supply. These changes, however, mean that qualified, professional care workers may choose not to relocate to the UK if they cannot bring their spouse and minor children, potentially breaching their basic right to family life. This situation could significantly impact care workers’ mental health and wellbeing due to feelings of isolation or family separation.
Current recruitment trends already point at other countries being more favoured by skilled migrants, with better prospects for themselves and their family members. In the past, dependant family members of sponsored migrants, could have been employed in the adult care sector if they were sufficiently qualified and experienced, thereby helping to fill vacancies. Moreover, dependants working in the UK contributed to their household finances, which is particularly important given the comparatively low payment rates in this sector.
These moral considerations highlight the complex interplay between immigration policies, healthcare provisions and individual rights. There must be a nuanced approach that balances national interests and the public perception on immigration, considering ethical imperatives and the wellbeing of both care workers and those they serve.
Unfortunately, the Government has implemented these policies without consulting all stakeholders. We believe a consultation with industry representatives could have provided valuable insights into the potential consequences of the changes.
In addition to the updates in immigration policy, the Government has launched a programme aimed at fostering careers in adult social care. The objective is to train, motivate and recruit in the resident UK workforce to cope with the growing demand in the sector. It is evident that achieving the necessary standards will take time, and the effectiveness of the programme is not certain. In the interim, these positions will effectively be filled by professional care workers recruited from overseas.
An imperfect system
A recent report by the Independent Chief Inspector of Borders and Immigration on the social care sector has revealed the inadequacies of the immigration process and the abuse of this route. It is evident that the Home Office was unprepared for the popularity of the Health and Care Worker visa when first introduced. Numerous Sponsorship Licences have been granted to organisations in the sector. Some employers are failing in their compliance duties, including instances of underpaying workers and, in more egregious cases, engaging in the sale of Certificates of Sponsorship (COS). These practices not only violate immigration regulations but also exploit vulnerable migrants, placing them in positions where promised employment may not even exist.
Reports of Sponsor Licence abuse have prompted the Home Office to take corrective action. Consequently, Sponsor Licence Applications in general, and in the care sector in particular, are undergoing more thorough scrutiny. Additionally, the increased demand has also resulted in significant delays to the approval process for Defined Certificates of Sponsorship (DCOS). Previously, such requests were typically decided within one to two working days.
However, in recent months, it has taken weeks or even months for the Home Office to reach a decision on these requests. Sponsors must provide additional information and documents to establish the genuineness of the vacancy before approval. Even upon submission of the requested information, it can take weeks for the Home Office to decide, whether approved or rejected.
Those sponsors whose requests were not approved before the changes, and were unable to assign their COS before 4th April, will have to meet the new requirements of the rules. It remains uncertain whether the approval process for DCOS requests will be expedited following the rule changes and updates to internal portals.
These delays or rejections in COS allocation have had profound impacts on the service provided by care workers. This has resulted in insufficient staffing levels, employee overwork and sometimes departures to larger sponsors where possible, as well as increased instances of illness and sick leave amongst staff. The increasing demand for care providers cannot be addressed unless the Home Office reverts to its original timeline for deciding COS requests.
No clear solution
The cross-party House of Lords Secondary Legislation Scrutiny Committee has raised concerns about the Government’s plans to restrict Health and Care Worker visas under changes to immigration rules. Despite this, the Home Office has failed to provide substantial explanation, exacerbating uncertainties within the sector.
Baroness Randerson, Member of the Secondary Legislation Scrutiny Committee, said, ‘We recognise that these changes are intended to address concerns about levels of legal migration. However, there is alarm among social care providers about the impact of these changes: the care sector is already struggling to recruit sufficient workers and is worried these measures could make things worse.
‘The Government says that the dependant ban will not reduce the number of immigrant workers, but it has not provided evidence to back this up. This means it is impossible for Parliament to assess the effects of the changes properly and the sector is also left in the dark.
‘Whenever the Government lays legislation which has the potential to affect the effectiveness of a sector and has real world consequences for the public at large, it must provide information on the impact. This is a principle the Government has accepted but does not always observe in practice and we are writing to the Home Office to ask for further details.’
Currently, the Home Office is collaborating closely with other Government departments, such as HMRC, to track the records of sponsor licence holders. This will ensure that sponsors are adhering to National Minimum Wage (NMW) payments to their employees.
To tackle compliance issues, the Home Office has substantially increased audits and inspections of licence holders. It is imperative for stakeholders to ensure compliance of the immigration rules and other relevant UK laws. By doing so, employers can continue to sponsor their existing migrant workforce and increase it, where necessary. This compliance would address the concerns raised by the Independent Chief Inspector and would also demonstrate the crucial role migrants play in the care sector and the broader economy.
This approach may lead to a more constructive dialogue with policymakers and potentially open the door to changes that benefit migrants rather than penalise them. Highlighting the positive contributions migrants make to addressing workforce shortages, delivering essential services, and driving economic growth can be instrumental in shaping a fairer immigration policy.
How will the changes to UK immigration policy impact your organisation? Leave a comment on this article or join the conversation to share your thoughts.
Sudipta Dey is an Associate (Senior Immigration Advisor) – Employment at RWK Goodman.
Email: [email protected] X: @RWKGoodman