UK Immigration Lawyers Report on New Rules for Care Worker Recruitment From Overseas
Busy nursing and care homes and their HR staff may have missed the changes to the care sector announced in the recent Statement of Changes to the Immigration Rules.
In this blog, our Immigration Lawyers in London highlight the developments. OTS Solicitors can help you if your business needs immigration legal advice about how the changes will affect your recruitment practices or assistance with understanding the impact of non-compliance on your sponsor licence.
UK Immigration Lawyers in London and Online
For specialist health care sector sponsor licence legal advice call Legal 500 featured OTS Solicitors on 0203 959 9123 or contact us online.
Immigration rule changes to sponsoring senior care workers, care workers and home carers
On 12 March 2025, the Home Office published a Statement of changes to the Immigration Rules: HC 733. The Statement made wide-ranging changes including amending the rules on UK Visitor Visas, the Global Talent Visa and the Ukraine route. Of interest to care homes, nursing homes and the homecare sector is a little publicised change to the sponsorship of some overseas workers on Health and Care Worker Visas.
The changes will affect the sponsorship of:
- Senior care workers with occupation code 6136
- Care workers and home carers with occupation code 6135
Although the changes were only announced on 12 March, they are being brought into force on 9 April giving a small window for companies in the care sector to review their policies and procedures and to make changes.
Recruiting changes when sponsoring new employees as senior care workers, care workers or home carers
The care worker immigration rule changes can be found on pages 27 and 28 of the lengthy 132 page Statement of Changes.
The relevant section states:
‘’After SW 6.1A, insert: “SW 6.1B. If the applicant is being sponsored for a job with working locations entirely in England in either of the SOC 2020 occupation codes “6135 Care workers and home carers” or “6136 Senior care workers”; and: (a) is applying for entry clearance; or (b) is applying for permission to stay, and was not last granted permission: (i) as a Skilled Worker, sponsored in either of the SOC 2020 occupation codes in (a), or the SOC 2010 occupation codes “6145 Care workers and home carers” or “6146 Senior care workers”, or (ii) in any other route, and has been legally working for the sponsor in one of these occupation codes for at least the three months ending on the date of application; the requirements in SW 6.1C must be met. SW 6.1C. Where SW 6.1B applies: (a) the sponsor must have tried to recruit for the job the applicant is being sponsored for, from the pool of Skilled Workers who: (i) are in the UK; (ii) were last sponsored in an occupation code in SW 6.1B; and (iii)are in need of new sponsorship because their sponsor has lost its licence or has not provided sufficient work, or have been identified by the relevant regional or sub-regional partnership (set up for the purpose of delivering activity which prevents and responds to exploitative employment practices with international recruitment of care staff, in the area in which the sponsor is located or recruiting) as a worker requiring assistance in obtaining new sponsorship; and (b) the sponsor must provide confirmation from the regional or sub-regional partnership in (a)(iii) that the requirement in (a) has been met; and (c) the sponsor must confirm that no suitable workers were available from this pool of Skilled Workers.”.
The new rules in practice
In practice, breaking down the immigration rule changes means:
- If your company is in England and holds a sponsor licence to recruit Health and Care Worker Visa applicants
- Before you can sponsor a new senior care worker or care worker or home carer from overseas or from other immigration routes
- You must have first tried to recruit occupation code 6135 or 6136 workers from a pool
- The pool of people you must try to recruit from first are people in the UK who were last sponsored in an occupation code SW 6.1B and who have lost their sponsorship either because (a) their employer has had their sponsor licence revoked or (b) the employee hasn’t been provided with sufficient work or (c) the worker has been identified by the relevant regional or sub-regional partnership as a worker requiring help in obtaining new sponsorship
Put even more simply, look to Health and Care Worker Visa holders already in the UK before recruiting care or home workers from overseas or sponsoring someone switching to a Health and Care Worker Visa.
For example, if a local competitor care home has lost its sponsor licence for non-compliance you should recruit the care workers who have had their Health and Care Worker Visas curtailed rather than a person in the UK who initially obtained entry clearance as an international student on a Student Visa but who moved to a Graduate Visa and who is now looking to extend their stay on a Health and Care Worker Visa.
The change may be simple good practice that you have already adopted as it makes business sense to recruit an experienced carer who came to the UK to work in the care sector rather than someone who entered the UK on a Spouse Visa but who is now looking to remain in the UK by switching to a Health and Care Worker Visa because their relationship with their spouse has broken down.
Are the immigration rule changes a reintroduction of the resident labour market test?
The Statement of Changes isn’t reintroducing the resident labour market test (RLMT) but when sponsoring new senior care workers, care workers and home carers your recruiters need to look at:
- Any UK-based candidates who have British citizenship or permanent status, such as Indefinite Leave to Remain or settled status under the EU Settlement Scheme
- Any sponsored workers on Health and Care Worker Visas who fit the criteria in the Statement of Changes
Will the care sector immigration rule changes affect my business and Health and Care Worker Visa sponsorship?
The care sector immigration rule changes will only affect your business if:
- The care jobs are in working locations in England only. Sponsorship of care sector jobs outside England is not affected
- You recruit new senior care workers, care workers or home carers – existing employees are not affected
- You recruit from overseas or employ someone who isn't already in the UK working on a Health and Care Worker Visa on one of the relevant codes
Getting ready for the care sector immigration rule changes
To ensure that your business doesn’t fall foul of the immigration rules coming into force on 9 April your company needs to:
- Review its recruitment procedures
- Consider how it records its recruitment processes
- Look at its policies on retention of recruitment records
Other immigration rule changes may also catch out businesses that are not ready for change. For example, the increase in the minimum salary threshold for the Health and Care Worker Visa.
How UK Immigration Lawyers can help businesses in the care sector
Our specialist team of Immigration Solicitors and Sponsorship Lawyers can provide ad hoc immigration legal advice on immigration rule changes and the steps required to keep your business up to date or can assist with:
- Providing a full Sponsor Licence Management Service
- Annual audits by experienced Immigration Solicitors
- Bespoke sponsor licence training for HR staff and key personnel
- Sponsor licence troubleshooting
- Advice on preparing for announced Home Office audits
- Assistance with navigating a Home Office action plan to reinstate your A rating
- Expert help if a sponsor licence is at risk of suspension or revocation
Speak to our UK Immigration Lawyers and Sponsorship Solicitors in London and Online for the expert advice you need.
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