Since the publication on 19 February 2024 of the Statement of Changes to the Immigration Rules we’ve received many enquiries about the changes to care worker visas. In this blog, we’ve addressed some of the common questions.
What will change?
The Health and Care Visa is a type of Skilled Worker visa. Skilled Worker visa holders can bring their partner and children to join or stay in the UK as ‘dependants’ if they’re eligible. The ability to bring dependants to the UK is being removed for care workers (SOC 6145) and senior care workers (SOC 6146). This means that someone working in the UK as a care worker (SOC 6145) and senior care worker (SOC 6146) will not be able to apply for their partner and children to join or stay with them.
Who does it affect?
People sponsored to work in the UK as care workers (SOC 6145) and senior care workers (SOC 6146) will be unable to bring dependants when they migrate to the UK. Other Health and Care Visa holders under different SOC codes like nurses, dental practitioners and midwifes can still bring dependants to the UK as part of their visa.
When will it happen?
From 11 March 2024, newly sponsored care workers (SOC 6145) and senior care workers (SOC 6146) will be unable to have family members join them in the UK. This includes people in the UK on other visas like Student visas or Graduate visas who are switching to a Health and Care Visa under occupation codes care workers (SOC 6145) and senior care workers (SOC 6146) after 11 March 2024.
Care workers who are already sponsored, or who make their application before 11 March 2024 still have the right to have any eligible dependant family members join them in the UK.
Why is it happening?
The current Home Secretary, James Cleverly, announced a plan on 4 December 2023 to slash migration levels and curb abuse of the immigration system with the aim to deliver the biggest ever reduction in net migration. As part of this plan he will remove the ability of overseas care workers to be joined by their family members. This follows the removal of the right for international students to bring dependants unless they are on postgraduate research courses. This is estimated to reduce migration by around 120k.
This is likely to make the UK a less attractive destination for overseas care workers. With an aging population and a social care workforce crisis there is a real risk that the care needs of the UK’s ageing population , will be further undermined by these new measures.
What can I do?
At Thorntons, with three specialist immigration lawyers on the team, including a Law Society of Scotland Accredited Immigration Lawyer, we can act quickly on your behalf and apply our experience to help you or your business with all areas of Immigration Law. If you have a query or seek advice, please contact our specialist Immigration team on 03330 430350.
