Overseas Care Staff Ban Looming

UK care homes are facing a potential ban on recruiting staff from abroad as part of a significant overhaul of immigration rules aimed at reducing net migration, according to Home Secretary Yvette Cooper. This policy shift, previewed ahead of a wider announcement on Monday, will likely cause concern among care sector employers who have increasingly relied on international recruitment to fill staffing shortages.

Cooper stated that care providers should instead focus on employing foreign nationals already residing in the UK or extending the visas of existing overseas staff. This measure is part of a broader plan to drive down net migration figures.

The government's upcoming proposals also include assessing foreign criminals for deportation if they commit any crimes within the UK. While the government will reportedly not set a specific net migration target, the focus will be on reducing recruitment in lower-skilled sectors. Despite a significant reduction in skilled visa numbers in recent years, further restrictions on overseas recruitment are anticipated to create challenges for industries such as care and hospitality.

To address the reliance on foreign labour and underinvestment in domestic skills, ministers plan to introduce a Labour Market Evidence Group. This group will comprise officials from industry, skills bodies, the government, and the Migration Advisory Council (MAC) to better understand sector dependencies on overseas workers and strategies for boosting domestic skills.

Impact on Existing Care Workers on Care Visas:

For existing care workers in the UK on Care Worker visas who are waiting for Indefinite Leave to Remain (ILR) and their next visa extension, the announced plans could have several implications:

Visa Extensions Likely to Continue: The Home Secretary specifically mentioned extending existing visas as an alternative to new overseas recruitment. This suggests that individuals currently on Care Worker visas should still be able to apply for extensions, provided they continue to meet the eligibility criteria at the time of application. These criteria typically include continued employment in an eligible care role and meeting any relevant salary thresholds or other requirements in place at the time of extension.

Path to ILR Should Remain Open (for now): The current rules for ILR for Care Worker visa holders generally involve completing a certain period of continuous lawful residence (usually 5 years). The announcement doesn't explicitly state any changes to the ILR eligibility for those already on this route. Therefore, individuals who meet the existing requirements for ILR should still be able to apply once they reach the necessary residency period.

Increased Importance of Compliance: With a potential future restriction on new overseas hires, the government may place even greater emphasis on ensuring that existing visa holders and their employers are fully compliant with the terms of their visas. This could mean stricter checks and enforcement.

Potential for Policy Changes: While the immediate impact on those already on the Care Worker visa route might be limited to ensuring continued eligibility for extensions and ILR under the current rules, immigration policies can change. It is crucial for individuals in this situation to stay informed about any future announcements or changes to the immigration rules that could affect their status or path to ILR. They should regularly check the official UK government website for the latest immigration updates.

No Immediate Deportation Threat: The announcement regarding assessing foreign criminals for deportation is separate from the policy on care worker recruitment. As long as existing care workers on visas comply with the law, this new measure should not directly impact their status or their path to ILR.