New entry rules tighten restrictions for care workers – work visa

From 11 March 2024, care providers in England will no longer be able to sponsor new care workers under the skilled worker route unless they are registered with the Care Quality Commission. From that day, newly sponsored carers will no longer be able to bring their family members to the UK.

This change was published on February 19, 2024 in the Statement on Changes to Immigration Regulations: HC 556.

These measures implement the first part of the government’s “five-point plan” to reduce net migration. For more information, please see our previous article ‘What’s happening with the UK Immigration Act 2024?’ and a timeline for immigration reform.

Care providers in England must register with the Care Quality Commission

From 11 March 2024, sponsor license holders in the care sector in England will be required to register with the CQC if they carry out regulated activities. This will significantly limit the ability of care home operators to sponsor care workers and aged care workers (occupation codes 6145 and 6146). The explanatory memorandum for the new rules says it is in response to “high levels of non-compliance, exploitation and abuse of workers, and unsustainable levels of demand”.

This limit is specified as an explanation for Standard Occupational Classification (SOC) codes 6145 and 6146 in the Skilled Occupations and Appendix Missing Occupations Lists.

The new requirements only apply to England and do not affect eligibility for employment in Scotland, Wales or Northern Ireland.

Care providers such as care homes in England must register with the Care Quality Commission (CQC) if they carry out regulated activities.

Existing care service providers who sponsor workers who only carry out unregulated activities do not need to register with the CQC, and some service providers may be exempt from the registration requirement. They may continue to sponsor these workers and support them in applying for an extension to their leave to remain in the UK. You cannot sponsor a new care worker unless they are registered with the CQC.

Care providers who are not currently registered with the CQC and who rely on overseas recruitment may wish to consider changing their business model and applying for registration. It may be appropriate to seek professional advice and support regarding the CQC registration process, but this can be time consuming and time consuming.

Sponsors in the long-term care sector are at increased risk for their sponsor compliance activities

In its impact estimates published in December 2023, the Home Office has compiled visa application data for carers and aged carers from January to June 2023, including the name of the sponsoring organization and published CQC regulations. The results were checked against provider registries. The assessment found that 22% of care and aged care staff were sponsored by an employer not listed on the CQC register.

The Home Office does not expect a surge in CQC registrations, given that care providers carrying out regulated activities in England should already be registered. However, as sponsor compliance also includes compliance with UK law, it seems likely that the Home Office will seek to ensure that sponsors of carers who are not registered with the CQC do not have to do so.

More generally, abuse of sponsorship schemes and sponsored workers has been identified in the care sector, and sponsors will continue to be subject to increased scrutiny from the Home Office’s Sponsor Compliance Team, including compliance audits and sponsor compliance measures. is expected.

Newly sponsored carers will be banned from bringing family members to the UK

Care workers with SOC codes 6145 or 6146 who submit a skilled worker visa application after March 11, 2024 may not bring their partner and children (under 18 years of age at the time of initial application as dependents) with them. you can’t.

Care workers who are already sponsored or have applied by March 11, 2024 can:

• Continue in your sponsored role and continue to reside in the UK.




• Accompany or join eligible dependents to the UK.




• Apply to your existing sponsor for a license extension, even if the existing sponsor is not registered with CQC.and




• Apply to settle in the UK while sponsoring an existing sponsor, even if the existing sponsor is not registered with the CQC.

Care workers who are already sponsored or who applied before March 11, 2024 will not be able to:

• Although you will be changing employers without your new sponsor being registered with the CQC, your dependents will still be able to accompany you or accompany you in the UK if you change employers.

Are the new rules fit for purpose?

The new sponsorship scheme aims to strengthen protections for care workers in the UK by ensuring they are working for an employer under the supervision of the UK’s independent health and social care regulator.

That said, the new rules are likely to trap some sponsored care workers in existing employment with non-CQC-registered sponsors unless sponsorship from a CQC-registered employer is quickly obtained .

Regarding the ban on bringing dependents, the Home Secretary said the government expects workers without family commitments to continue to come forward after the changes come into force. But in reality, workers with families are still more likely to come forward if they feel the opportunity is worth leaving.

There are already concerns from labor unions and others that this policy could have serious disadvantages. Wages in the care sector are low, so a partner who accompanies a care worker can help improve living standards by supplementing household income. Some of our partners work in the care sector, helping to reduce skills shortages. Accompanying family members also provide psychological support to workers identified as potentially vulnerable.

The Home Office should consider an early review of its policy, including the following factors:

• whether this policy reduces the number of workers wishing to immigrate to the UK, through increased costs for care providers in having to sponsor workers who are currently employed as dependents of their partners; Whether through both, we are exacerbating the skills shortage in the care sector.




• Will this policy have the effect of separating families, and what will be the consequences?




• Whether caregivers without accompanying family members are at increased risk of exploitation due to isolation and increased financial pressures.and




• Whether isolation or family separation has a significant impact on the mental health and wellbeing of carers.

The content of this article is intended to provide a general guide on the subject. You should seek professional advice regarding your particular situation.