Important update to changes to health and care worker visa rules for dependants in detail

LONDON Feb 20: The health and care worker visa is open to qualified doctors, nurses and other health and adult social care professionals who wish to undertake en eligible job with the NHS, an NHS supplier or in an adult social care.

Currently, all health and care workers may be joined or accompanied by a dependant partner over the age of 18 and/or a dependant child under the age of 18.

However, from 11th March 2024, care workers (SOC code 6145) and senior care workers (SOC code 6146) will not be permitted to bring dependants to the UK.

Care workers and senior care workers already in the health and care woker route will be able to remain with their dependants including extending, changing employer (with the above SOC codes) and settlement.

Where a care worker or senior care worker is in the route before the immigration rules change but has not yet brought dependants, they will still be allowed to bring dependants during their sponsorship on the route.

Additionally from 11th March 2024 care homes in England will be required to be regulated by the Care Quality Commission (COC) in order to sponsor migrants under the Health and Care worker visa rule.

Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore were not required to be registered with the CQC) before the rules change will be able to continue to sponsor these workers including for extensions to their visa on thosse terms, but not hire new ones.

These changes to the health can care worker route will be brought in on 11th March 2024 via a Statement of Changes to the Immigration Rules that was laid before the parliament yesterday (19th February 2024)

The fairly brief 13-page statement of changes, HC 556, can be downloaded here. An accompanying explanatory memorandum summarises the changes to the care workers.

The changes for care worker visas in yesterday’s statement of changes were announced in December as part of the five-point plan to cut net migration. Care workers will be prevented from bringing their dependants to the UK, and care providers in England who wish to sponsor migrant workers will need to be registered by the Care Quality Commission.

The care worker changes take effect on 11 March 2024.

Key Points from the Statement of Changes in regards to care workers

5.12 As announced by the Home Secretary on 4 December 20233, changes are being made to tighten the Health and Care Worker route for Skilled Workers sponsored as care workers or senior care workers (occupation codes 6145 and 6146), in response to high levels of non-compliance and worker exploitation and abuse, as well as unsustainable levels of demand. In the year ending September 2023, 83,072 visas were granted for care workers and a further 18,244 visas for senior care workers, comprising 30% of all work visas granted. In addition, there were 250,297 visas granted for work-related dependants, 69% of which were for Health and Care Worker dependants.

5.13 These changes:
• Narrow the eligibility for workers to be sponsored in these occupation codes in England from all jobs to only jobs where the sponsor is registered with the Care Quality Commission (CQC) and is currently carrying on a regulated activity (this does not affect the eligibility of jobs in Scotland, Wales and Northern Ireland); and

• Remove the provision for dependants to accompany or join workers sponsored in these occupation codes (other than providing for children born in the UK to regularise their stay).

5.14 Transitional arrangements are being applied for Skilled Workers who have applied on the route and are sponsored in these occupations before these changes come into force. These arrangements allow them to apply to extend their permission with the same sponsor, and settle, without the CQC regulation requirement applying to them. They also allow such individuals to be accompanied or joined by dependants, including in cases where they change jobs to another sponsor who meets the CQC regulation requirement.

Tom Pursglove, the minister for legal migration, provided the following details in a written statement to the House of Commons yesterday:

“On 4 December 2023, the Prime Minister and Home Secretary announced a plan to curb immigration abuse and cut net migration. This plan, alongside the package we have already introduced to restrict student dependants, is expected to mean around 300,000 people who would have been eligible to come to the UK under last year’s rules, would not be able to.

“These changes include some of the measures announced in that package, namely preventing overseas care workers and senior care workers from bringing their dependants to the UK and requiring care providers in England who wish to sponsor migrant workers to be registered by the Care Quality Commission (CQC).

“These measures will ensure we continue to protect our NHS and social care systems, while addressing significant concerns that have emerged since the introduction of the visa about high levels of non-compliance and worker exploitation and abuse within the adult social care sector, particularly for overseas workers employed within care occupations.

“Care workers and senior care workers who are already in the route will be able to extend their permission with the same sponsor, and settle, without the CQC regulation requirement applying to them. They will also be able to bring dependants, including in cases where they change jobs to another sponsor who meets the CQC regulation requirement.

From when are the changes

The change take effect on 11 March 2024. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain, has been made before 11 March 2024, such applications will be decided in accordance with the rules in force on 10 March 2024.

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