Care homes at the centre of Home Office crackdown on legal migration

A recent article from the Independent on 22 August 2024 has shed light on the troubling circumstances surrounding care homes as the Home Office's visa enforcement intensifies. Despite a change in government, it appears that there has been no shift in the prevailing attitudes towards the care 

Changes to the Immigration Rules

Under the new immigration regulations established by former Home Secretary James Cleverly, effective from March 2024, care workers are now prohibited from bringing their dependants to the UK. This policy effectively compels applicants for care home positions to leave behind their partners and their children, to pursue employment in the UK.

Furthermore, organisations are now required to be registered with the Care Quality Commission (CQC) to sponsor care workers in the UK. This change, combined with the prohibition on workers bringing dependents to the UK, has contributed to the stark decrease in the number of new skilled workers being sponsored.

The effects on migration 

As reported in the Independent article, the number of health and care worker visas issued plummeted from 121,290 to 89,095 in the year leading up to June 2024. Notably, there was an 81% drop in visa approvals during the three months ending in June 2024 compared to the same timeframe the previous year. 

Broader implications for the care sector

The care industry heavily relies on international labour, with Nadra Ahmed, chair of the National Care Association, noting that approximately 70,000 individuals working in care homes are migrants. Given the constrained government funding for social care—a situation unlikely to change with the forthcoming Budget—many care providers are unable to offer salaries exceeding the minimum wage. 

The Home Office's stance appears to focus on reducing legal migration levels while urging increased participation from the domestic workforce to enhance the economy. However, if local individuals are not applying to fill the vacancies in the care sector, the consequences will affect not just migration levels, but also the communities in need of care services.

Additionally, care providers are facing a growing concern regarding unannounced Home Office audits of sponsor licence holders. These audits aim to assess compliance with sponsor responsibilities, including whether sponsored workers are filling genuine vacancies, whether sponsors are supplying labour to local councils, and whether they maintain proper record-keeping for their sponsored staff.

Failure to meet compliance standards may result in the suspension or revocation of a sponsor licence. If a licence is suspended, the sponsor is prohibited from sponsoring new migrant workers and cannot assign any further Certificates of Sponsorship. In the case of revocation, the Home Office will limit the visas of all sponsored workers to a maximum of 60 days, during this time the sponsored worker will need to either find a new sponsor in the UK, or switch to a different immigration category. In the event the sponsored worker does not find a new sponsor or is unable to switch to a different immigration category they will have no option but to leave the UK.

The implication on the sponsor is that they will be barred from reapplying for a new sponsorship licence for 12 months and there is no right of appeal to challenge the decision.

The combination of a declining number of health and care worker visas and increased scrutiny is severely straining the care industry. While care providers and their employees are directly impacted, the ripple effects also extend to those in local communities who rely on care services. The crackdown on legal migration threatens the continuity of care, raising concerns about the sustainability of operations within the care sector.

How We Can Assist

We possess extensive expertise in all aspects of sponsorship within the care sector, from the initial application for a Sponsor Licence to securing the necessary Skilled Worker visas. We also provide comprehensive training and conduct mock audits to ensure compliance with Home Office guidelines for sponsor licence holders.

We have effectively reversed several sponsor licence suspensions, allowing businesses to continue their operations and without requiring skilled workers to seek alternative immigration pathways to remain in the UK. As one can understand, the potential suspension or revocation of a sponsorship licence can have dire consequences for both employees and employers. Consequently, it is crucial for businesses—especially those that heavily depend on foreign workers—to regularly assess their internal policies. Utilising our training and mock audit services is essential in ensuring compliance and safeguarding against such risks.

If you require assistance with any issues related to the above, please reach out to Mandeep Khroud, Partner and Head of the Immigration Team.