The Care Sector Bi-annual Update – Immigration Policy Changes affecting Care Workers

On 15 February 2022 care workers and senior care workers were temporarily added to the Shortage Occupation List. More than three years later, and following a re-name of the list, these crucial roles remain sponsorable due to their inclusion on the Immigration Salary List.

It is well known that there have been unscrupulous agencies and some operators who have taken advantage of the Health and Care visa opening up to care workers. This is widely acknowledged, most recently by the Independent Anti-Slavery Commissioner Eleanor Lyons in the wake of the Home Office’s announcement that more than 470 employers in the care sector have had their sponsor licence revoked. This has caused increased scrutiny when care operators have been applying for sponsor licences and certificates of sponsorship, as well as resulting in care workers losing their ability to bring family members to the UK with them as their visa dependants.

The latest in this series of restrictions came on 12 March 2025 with two announcements from the Home Office.

It is common knowledge that the National Living Wage is increasing on 1 April from the current rate of £11.44 to £12.21 per hour and operators have been waiting with baited breath to understand whether the Home Office will increase the minimum hourly rate payable for sponsorship of the Skilled Worker visa from £11.90 to £12.21 or higher.

It was confirmed last week that from 9 April 2025, employees sponsored under SOC Codes 6135 (care workers) and 6135 (senior care workers) must be paid a minimum of £12.82 per hour / £25,000 per annum. This new rate will not apply to existing sponsored workers until the time comes to extend their visa, but will apply to all new applications for sponsorships or visa extensions after 9 April 2025. Whilst all operators want to reward their staff so far as they can, this further increase is set against the backdrop of increasing overheads which cannot be offset against funding received.

In addition, a new requirement for sponsors in the care sector in England (only) will be introduced when looking to recruit international care workers from overseas using a Defined Certificate of Sponsorship and in some circumstances, when recruiting from within the UK too.

Regional and sub-regional partnerships were introduced following the creation of the international recruitment fund for the adult social care sector in 2023. The purpose of these partnerships has been to develop solutions at a local level to challenges around the use of international recruitment and to strengthen safeguards against exploitation. Amongst other things, the 15 regional and 6 sub-regional partnerships support displaced care workers who’s employer has had its sponsor licence revoked, matching them with a new sponsor in the region looking to recruit care workers. These partnerships have already successfully placed thousands of care workers into new employment and their role supporting the sector and international staff will be even more crucial following the Home Office’s most recent announcement.

With effect from 9 April 2025, operators must first try to recruit from the relevant partnership’s pool of displaced care workers. Only after providing evidence to the Home Office from the partnership that it has attempted to recruit in this way and that there are no suitable workers available in this pool, will the Home Office consider the operator’s application for a Certificate of Sponsorship.

This new requirement will apply to applications made from within the UK unless the individual to be sponsored already has a Skilled Worker visa, or if they are an existing employee who has works for the sponsor for 3 months or more and is applying to switch into the Skilled Worker visa route.

With more changes on the horizon, the importance of getting it right first time to avoid delay is critical. It is sensible to review your business’ recruitment pipeline and accelerate sponsorship under the current rules in place before 9 April while the processes and requirements are known.

If you have any questions about this article please get in touch with our immigration team.