Could care workers be exempt from tougher immigration rules?
Reports that the Government is considering protecting existing migrant care workers from proposed changes to settlement rules may offer some reassurance to care home owners and social care providers. However, no exemption has yet been confirmed.
Here, we answer some of the key questions for businesses employing overseas care workers.
What has been reported?
The Government is reportedly considering exempting some care workers already living and working in the UK from proposed tougher rules on indefinite leave to remain. The proposals currently under consideration would make many migrants wait longer before becoming eligible for settlement. According to The Guardian, ministers are considering whether applying these changes to existing care workers could worsen recruitment and retention pressures across social care. Any exemption is expected to be considered after the Home Office has reviewed responses to its consultation.
Does this mean care workers have already been exempted?
No. At present, this is a policy reportedly being considered rather than a confirmed change to the Immigration Rules. Care providers should not make staffing, sponsorship or recruitment decisions on the assumption that an exemption will be introduced. The scope of any protection—including which workers would qualify and whether it would cover their dependants—remains unclear.
What changes are being proposed to settlement?
The Government has proposed replacing the current settlement system with an “earned settlement” model. Under the proposals, the standard qualifying period for indefinite leave to remain would increase from five to ten years. Some health and care workers could face a longer qualifying period, potentially 15 years, depending on the final rules and their individual circumstances. Factors such as earnings, English-language ability and wider contribution to the UK could affect how quickly someone qualifies. However, the detailed rules have not yet been finalised.
Who might benefit from an exemption?
The report suggests that protection could focus on care workers who are already in the UK, allowing them to continue towards settlement under more favourable arrangements.
However, it is not yet known:
- What immigration status a worker would need to hold
- Whether there would be a particular arrival or visa-grant date
- Whether both care workers and senior care workers would qualify
- Whether the protection would apply to visa extensions as well as settlement
- How dependants would be treated
- Whether workers changing employer would remain protected
These details will be crucial for both workers and their sponsoring employers.
Can care providers recruit new care workers from overseas?
Care workers and senior care workers can no longer make new applications from overseas under the Health and Care Worker route. That restriction came into effect on 22 July 2025. Some people who are already legally in the UK may still be able to switch into eligible care roles during the transitional period, currently due to run until July 2028. Existing sponsored care workers may also be able to extend their permission or change sponsor, provided they meet the relevant requirements. The possible settlement exemption would not, by itself, reopen overseas recruitment.
Can we continue sponsoring our existing care workers?
Potentially, yes. Employers can continue sponsoring eligible existing workers, but each extension or change of employment must satisfy the Immigration Rules in force at the time. For care workers and senior care workers sponsored through the Health and Care Worker route, the current minimum is generally £25,000 a year and £12.82 an hour.
What could the announcement mean for care businesses?
If confirmed, an exemption could help care providers retain experienced staff who might otherwise reconsider their future in the UK. Settlement provides long-term security. Extending the period during which a worker remains dependent upon immigration permission and sponsorship can create uncertainty for the worker, their family and their employer. This may affect morale, retention and workforce planning. An exemption could therefore reduce the risk of experienced staff leaving the sector, although it would not solve the wider challenge of recruiting new employees.
Should we reassure employees that they will be protected?
Employers should communicate carefully. It is reasonable to acknowledge the reports, but staff should be told that no final decision or detailed rules have yet been published. Avoid promising that a worker will qualify for an exemption. Each employee’s position could depend on their visa history, occupation code, salary, continuity of permission and the eventual transitional provisions.
What should care providers do now?
Care businesses should use this period to review their sponsored workforce and prepare for different outcomes. Practical steps include:
- Recording each sponsored employee’s visa expiry and expected settlement date
- Checking that job titles, duties, salaries and occupation codes remain accurate
- Identifying employees who may need an extension or change of employment application
- Keeping evidence of salaries, hours worked, absences and right-to-work checks
- Ensuring sponsor licence details and CQC registration remain current
- Speaking to affected employees without giving assurances about an unconfirmed exemption
- Taking advice before restructuring roles, changing hours or moving sponsored workers between locations
Sponsor compliance remains particularly important. Home Office figures show that recent falls in Health and Care Worker visas have coincided with increased scrutiny of employers and action against sponsors that failed to meet their duties.
What happens next?
Care providers should watch for the Government’s response to the settlement consultation and any subsequent Statement of Changes to the Immigration Rules. Until formal rules are published, the reported exemption should be treated as a potentially positive development—not a change on which employers or workers can yet rely.
How can Sydney Mitchell help?
Immigration rules affecting the care sector have changed repeatedly, making long-term workforce planning increasingly difficult.
Sydney Mitchell’s immigration team can help care homes and social care businesses:
- Apply for or renew a sponsor licence
- Prepare visa extension and change-of-employer applications
- Advise on right-to-work requirements
- Understand how future settlement changes may affect key employees
For advice tailored to your business or employees, contact Sydney Mitchell’s Immigration Team.
