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By: Ian Bell, Priyel Upadhyaya, Kea Mathobela
Following the UK Home Secretary’s announcement in December 2023 to reduce net migration, the UK is starting to see this plan being put into action.
The latest Statement of Changes published on 19 February 2024 has introduced new provisions concerning applications for health and care workers under the Skilled Worker route.
The changes effective from 11 March 2024 are:
-
- Only employers registered with the Care Quality Commission (CQC) and carrying out a regulated activity can sponsor care workers or senior care workers in England (this does not affect the eligibility of jobs in Scotland, Wales and Northern Ireland).
- Dependants will not be able to accompany or join workers sponsored as care workers or senior care workers, except children born in the UK.
- Transitional arrangements will apply for those with applications submitted before 11 March 2024.
Further to the above updates, the Migration Advisory Committee (MAC) released its ‘rapid review’ of the new Immigration Salary List (ISL), which will replace the Shortage Occupation List (SOL). The Health and Care worker visa has been exempt from the minimum salary threshold change for Skilled Worker holders, with applicants needing to meet whichever is the higher of either £23,200 or the occupation-specific threshold.
The following occupation codes have been recommended by the MAC to remain on the ISL due to the ‘considerable public benefit’ provided by the health and social care sector in the UK:
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- 3111 – Laboratory technicians
- 3212 – Pharmaceutical technicians (the current 3217 occupation code)
- 6135 – Care workers and home carers (the current 6145 occupation code)
- 6136 – Senior care workers (the current 6146 occupation code)
Care Quality Commission (CQC) registration
The Statement of Changes introduces an additional condition for new applicants, namely that employers in England will be required to be registered with the CQC and carrying on a regulated activity from 11 March 2024 to sponsor workers under the Health and Care Worker, Skilled Worker route in care worker and home carers (code 6145 (changing to code 6135)) or senior care worker (code 6146 (changing to code 6135)) occupations.
Dependants
It also removes the provision for dependants to accompany or join workers sponsored under the care worker and home carers or senior care worker occupations unless they are children born in the UK.
Applicants with dependants sponsored under these occupation codes should have submitted their Skilled Worker applications before 11 March 2024 provisions to ensure a successful outcome for their dependents.
The success of the Home Secretary’s plan remains to be seen, as will whether UK employers will seek out employees who do not have family members.
Transitional arrangements
Transitional arrangements are being applied for Skilled Workers who have applied on the health and care worker route and are sponsored in these occupations before these changes come into force. This means that the changes will not retrospectively apply to these individuals. They will only apply to anyone applying under this route from 11 March 2024 onwards.
Anyone currently inside the UK on this route having applied before 11 March 2024 can extend their permission with the same sponsor and settle, provided their employment and sponsorship in these roles has been continuous, without the CQC regulation requirement applying to them.
It also means that these individuals are permitted to be accompanied or joined by dependants, including in cases where they change jobs to another sponsor who meets the CQC regulation requirement.
Looking ahead
The above changes will likely prove useful to the UK government in its aim to reduce net migration and reduce worker exploitation under these occupations.
The introduction of the CQC registration will impact any sponsors that do not have that registration as they will not be able to sponsor workers under this route from 11 March onwards.
The UK may become a less attractive destination for individuals seeking work as a care worker or senior care worker as they cannot be accompanied by their families.
Positively, anyone who is already in the UK will not be impacted by these changes and can continue to live and work in the UK without needing to meet these requirements for future applications.
The inclusion of Health and Care Worker occupation codes within the MAC’s recommendation is promising. It clearly shows the importance of the health and social care sector in the UK. The reduced minimum salary threshold is a positive for sponsors but also indicates that low pay continues to be an issue within the industry.
Need to know more?
For further information on these changes and UK immigration regulations, please contact Manager Ian Bell at [email protected] or Associate Priyel Upadhyaya at [email protected].
This blog was published on 14 March 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.
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