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Proposed Settlement Changes for Sponsored Care Workers
Meeting Summary
This webinar aimed to brief providers on Government’s consultation on proposed settlement changes for overseas workers, particularly those on the Health and Care Worker visa. The aim was to:
- Explain the proposals
- Highlight the implications for social care
- Support providers to respond to the consultation
- Identify key risks and gaps in the proposals
- Encourage coordinated lobbying and engagement with MPs
The meeting forms part of a wider regional programme on international recruitment funded by DHSC delivered by SESCA.
Overview of Government proposals
The Home Office has proposed a major reform to settlement rules. Key elements:
- Settlement (ILR) would no longer be granted automatically after 5 years
- Care workers and senior care workers would move to a mandatory 15‑year qualifying period
- This applies retrospectively to workers already in the UK since 2022
- Additional punitive extensions (5, 10 or 20 years) could be added for:
- Use of public funds
- Periods of overstaying
- Immigration health surcharge debt
- Earnings below £12,750
- New English language requirement: C1 level (A‑level equivalent).
- Reductions in qualifying time are available for:
- High earners (£50k+ or £125k+)
- Volunteers (3–5 year reduction)
- Higher English proficiency (1 year reduction)
Sector concerns:
- Care workers are treated less favourably than other public service roles (e.g., nurses, teachers)
- Volunteering appears to be rewarded more than frontline paid care work
- The proposals ignore the essential role of care workers in NHS flow and community support
- The financial burden of extended immigration skills charges are becoming unmanageable for providers
Transitional arrangements and uncertainty
Concerns were raised about the transition period to July 2028 and what the impact of sponsored workers will be.
Key issues raised:
- After July 2028, providers cannot issue new Certificates of Sponsorship for newly recruited care workers
- Workers may be left with no route to settlement, despite years of lawful residence.
Action:
The group agreed that clarification must be sought from the Home Office regarding:
- Whether in‑country extensions will be permitted after July 2028
- Whether workers can switch employers after 2028
- How the 15‑year requirement interacts with the existing 10‑year long‑residence ILR route
Impact on workforce stability
Providers expressed concern about:
- Loss of workforce stability
- Increased competition for a shrinking pool of sponsored workers
- Inability to recruit new overseas staff
- Risk of displacement, exploitation, and insecurity for existing workers
- Impact on continuity of care and service quality
- Increased pressure on domestic recruitment, which is already insufficient
The proposals were described as “grim”, “unfair”, and “potentially breaching human rights”, particularly regarding maternity leave penalties and restrictions on public funds.
Impact on workers
Concerns raised included:
- Workers taking maternity leave could face automatic 10‑year extensions to their settlement timeline
- Workers receiving housing assistance or other public funds could face 5–10 year penalties
- Workers with minor administrative errors (e.g., overstaying by 6 months) could face 20‑year extensions
- Many workers will be unable to meet the new English language requirement.
- The proposals create long-term insecurity for families and children
Consultation response guidance
Participants were encouraged to:
- Submit organisational responses to the consultation
- Use the prepared template answers for the 200‑word free‑text sections
- Add organisation‑specific evidence on workforce impact
- Support individual workers who wish to respond
- Ensure they select the correct category (“Human health and social work activities”)
The consultation closes 12 February 2026.
Lobbying and political engagement
Providers were strongly encouraged to:
- Write to their local MPs using the prepared template
- Invite MPs to visit services to meet international workers
- Highlight:
- Workforce risks
- Human rights concerns
- Impact on NHS flow and hospital discharge
- Financial pressures on providers
- The contradiction between valuing volunteers over paid carers
A draft parliamentary question has been prepared for MPs to raise.
Key actions summary
For SESCA / Programme Leads
- Seek urgent clarification from the Home Office on:
- Post‑2028 extension rights
- Switching employers after 2028
- Interaction with the 10‑year long‑residence ILR route
- Continue producing guidance and templates for providers
- Collate sector‑wide concerns for DHSC and ADASS
- Support displaced workers and ethical recruitment
For providers
- Respond to the consultation before 12 February
- Use the organisational template provided
- Draft the final 200‑word section describing local workforce impact
- Write to MPs using the template letter
- Offer service visits to MPs
- Support international staff to understand the proposals
- Monitor visa expiry dates and workforce risk
For the sector as a whole
- Maintain coordinated messaging
- Highlight the risk of a capped labour market
- Emphasise the essential role of international workers in hospital discharge and community care
- Challenge the fairness and proportionality of the proposed settlement rules
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