Key contacts: Jenny Wilde
Yesterday’s immigration white paper from the UK government sets out significant reforms aimed at reducing net migration and encouraging the development of a domestic workforce. While these measures seek long-term sustainability, they present immediate and profound challenges for the care sector, which has historically relied on overseas workers to fill critical roles. In this article, we examine the immigration white paper’s implications for the care sector.
1. Closure of overseas recruitment routes
Among today’s potentially most problematic announcements for social care is the government’s plan to phase out overseas recruitment for care workers by 2028, despite well-documented staffing shortages in the sector.
Since 2020, the Health and Care Worker visa has facilitated recruitment of qualified healthcare professionals, including doctors, nurses, and social care workers, to address workforce gaps in the UK’s health and social care sectors.
Instead, the government hopes to stimulate home-grown applications with the promise of a fair pay agreement, aiming to establish legally binding minimum standards for pay, terms, and conditions across the industry. The Employment Rights Bill establishes the Adult Social Care Negotiating Body to achieve agreements that will be enforced by the Fair Work Agency.
2. Stricter visa requirements
- English language proficiency: Adult dependents of foreign care workers will be required to pass English tests for visa extensions and settlement.
- Settlement residency period: The qualifying period for settlement in the UK will rise from five to ten years.
3. Increased employer responsibilities
- Sponsorship compliance: Employers failing to demonstrate efforts to hire UK-based staff may lose the right to sponsor overseas workers.
- Immigration skills charge: A 32% increase in this charge will apply to employers hiring skilled migrant workers.
Juliette Franklin, legal director at Acuity Law, said: “These restrictions risk worsening the staffing crisis in the care sector by limiting access to overseas talent, which has been essential in maintaining service levels.
“We anticipate that more and more care businesses risk falling foul of the new regime as they try to keep meeting the needs of their vulnerable patients.”
Jenny Wilde, social care regulatory partner at Acuity Law, added: “In an already challenging environment for care home operators, exacerbated by chaos at the regulator level in England, business owners and managers will not welcome reform that makes operations more difficult.”
Legal support needs for care businesses
To respond effectively to these changes, care businesses will increasingly require expert legal support in the following areas:
- Visa and immigration compliance
Navigating more complex visa rules and meeting Home Office requirements for sponsorship and documentation. - Employment law
Revising contracts and policies to reflect new immigration terms, including settlement pathways and language requirements. - Workforce planning
Strategically adapting recruitment models to focus on domestic hiring, apprenticeships, and upskilling initiatives, while remaining compliant with employment law. - Risk management
Anticipating enforcement risks and preparing internal policies to avoid sanctions, financial penalties, or loss of sponsorship licenses.
At Acuity Law, we are here to help you navigate the changing immigration and social care landscape. Reach out to our Employment or Regulatory teams for confidential, bespoke advice on staying compliant amid workforce challenges.
