The rules mean social care employers must first demonstrate that they have attempted to recruit international workers already in the UK who need a new employer
The UK government has introduced new rules requiring care sector employers to prioritise hiring migrant workers already in the country before recruiting from abroad. The move is part of efforts to reduce the number of people arriving through legal migration routes.
“From April 9, care providers who want to recruit a new worker from overseas will have to first prove that they have attempted to recruit a worker from within England who needs new sponsorship. This ensures that those who came to the UK to pursue a career in adult social care can do so and will help end the reliance on overseas recruitment as we restore order to our immigration system through our Plan for Change,” said the UK Home Office in a statement.
The rules mean social care employers must first demonstrate that they have attempted to recruit international workers already in the UK who need a new employer.
The Home Office is concerned that some employers are abusing the Health & Care Visa route, which was launched in 2020 to tackle staffing shortages following Brexit and the Covid-19 pandemic. The visa allows care businesses to sponsor workers from overseas, and more than 300,000 people—or nearly 745,000 including dependents—have entered the UK on this route by the end of 2024.
Migrant care workers on this visa are tied to their sponsoring employer but can work up to 20 extra hours per week for another employer in the same sector. However, some have reported exploitation, including being charged thousands of pounds for Certificates of Sponsorship. Others have arrived in the UK only to find their employer has no work available, leaving them without a salary.
Prime Minister Keir Starmer has pledged to bring migration levels down. Net migration hit 906,000 in the year to June 2023, and while numbers have fallen slightly, they remain high. Concerns over the pressure on public services led to protests, some of which turned violent after Labour took office last summer.
Between July 2022 and December 2024, more than 470 sponsor licences in the care sector have been revoked due to abuse and exploitation allegations, according to the Home Office. Since October 2020, over 39,000 workers were linked to these employers, but the Home Office could confirm only around 10,000 had found new roles.
“Those who have come to the UK to support our adult care sector should have the opportunity to do so, free from abuse and exploitation,” said Seema Malhotra, minister for migration and citizenship.
The Home Office did not explain how it would ensure that care employers had made an effort to recruit domestically. More details are expected in its Immigration White Paper, due in the first half of this year.
Care workers’ minimum salary thresholds will now reflect the latest official pay data, requiring all staff to earn at least £12.82 per hour.
Separately, the Home Office is tightening rules on the Short-Term Student route, which allows people to study English in the UK for six to 11 months. Concerns that the route is being misused by individuals who do not intend to leave when their visa expires have led to caseworkers being given more power to reject applications they believe are not genuine.
The latest move follows tougher sanctions introduced in November against employers who bring in foreign workers but fail to provide them with jobs, leaving some unemployed and struggling to survive.
A survey of over 3,000 health and care visa holders last month found that many had paid fraudulent fees to secure jobs, only to arrive in the UK and find no work. Others were living in overcrowded housing or being paid less than the minimum wage.
Nearly a third of England’s care workforce is made up of migrants, with many coming from Nigeria, Zimbabwe, India, and the Philippines. Charities and trade unions argue that the current post-Brexit system, which allows companies to sponsor workers for visas, leaves migrants vulnerable to exploitation, as employers can use the threat of deportation to exert control over staff.
“As we crack down on shameful rogue operators exploiting overseas workers here in the UK, we must do all we can to get the victims back into rewarding careers in adult social care. Prioritising care workers who are already in the UK will get people back to work reducing our reliance on international recruitment, and make sure our social care sector has the care professionals it needs,” said Stephen Kinnock, minister of State for Care.
