Immigration rule changes for international workers in the care sector

A new Immigration Statement of Changes was published this week (12 March) which contains three key changes specific to the health and care sector which you need to be aware of in relation to the recruitment of international care workers and senior care workers. The changes are anticipated to come in to effect from 9 April 2025.

These key changes are as follows:

1. Imposition of a sector specific Resident Labour Market Test for Care Worker and Senior Care Worker.

Care providers must now demonstrate efforts to recruit international care workers who are already based in the UK (including displaced workers) before hiring from overseas.

This change will mean that sponsors will be required to try and fill their vacancies from the existing pool of care workers based in the UK who are seeking new employment opportunities before they look to sponsor new recruits from either overseas or other Immigration visa routes. Sponsors will be required to provide confirmation that they have attempted to recruit for their vacancy from the pool of workers who are seeking employment and that no suitable workers were identified which is why they are now considering sponsoring someone from overseas or another visa route.

It is important to note that this change will only be in relation to care sector jobs based within England.  Scotland, Wales and Northern Ireland will not be impacted by this upcoming change.

Individuals who are already on a Health and Care visa working within these occupations and individuals switching from other immigration routes who have been legally working for their sponsor for at least three months are also unaffected when this change comes into effect.

These changes are being made in response to the growing pool of workers within this route who no longer have sponsorship due to reasons such as insufficient work and/or their employer losing their sponsor licence. The proposed change will see employers have to obtain a confirmation from a regional partnership that there are no suitable workers already available. The mechanism for obtaining this certification hasn’t yet been published.

2. The minimum hourly rate required to be eligible for visa sponsorship will increase to £12.82 per hour (up from the current hourly rate is £11.90 and minimum annual salary required to be eligible for visa sponsorship will increase from £23,200 per annum to £25,000

This change is being implemented in order to ensure that salary requirements remain significantly above the National Living Wage for UK workers which is also set to increase in April 2025. It is standard practice for this to be updated across work visa routes each year using the latest Annual Survey of Hours and Earnings data from the Office for National Statistics.

3. Change in approach so that a deduction from employee wages for immigration costs will be included when calculating if minimum salary requirements are met.

A significant change announced is that any costs that a Skilled Worker may pay to their employer who sponsors them, will count against the salary calculation when assessing if their remuneration is sufficient to be paid the minimum salary required for the role (such a business and immigration costs) – this will include where an Employer provides immigration cost support by way of loans. This is likely to drive a significant change in standard employer practices and may see interest free loans and clawback agreements for visa costs wiped out.

Further detail is expected in due course once Home Office accompanying guidance is published.

If you have any concerns or queries in respect of the above, please do not hesitate to contact us and we will be happy to arrange a call to discuss these upcoming changes further.