Immigration Corner | New rules for employing caregivers from outside the UK

Dear Mr Bassie,

Would you please explain the British Government’s new approach to prospective employers recruiting care workers from overseas. I understand that this has now changed.

R.B.

Dear R.B.,

With respect to rules for employers recruiting care workers in England, they will now be required to prioritise recruiting international care workers already in England before recruiting from overseas.

Persons should be aware that new rules were laid in Parliament on March 12, 2025. The rules state that from April 9, 2025 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 the United Kingdom (UK) who needs new sponsorship.

This ensures that those persons who went to the UK to pursue a career in adult social care can do so and it is anticipated by the Government that this will assist in ending the reliance on overseas recruitment.

The Government hopes to suppress abuse in the immigration system with changes to the Short-Term Student visa route as well as continue to tackle exploitation. Please note that this visa is designed for those studying an English language course in the UK for between six and eleven months.

However, there are rising concerns that the route is being abused by those without a genuine intention to study or to leave the UK at the end of their course. In light of this, the new rules will give expanded powers for case workers to refuse visa applications which are suspected of being non-genuine.

SALARY THRESHOLDS UPDATED

As previously stated the Government is requiring employers in England to prioritise recruiting international care workers who are already there and who are seeking new sponsorship, before recruiting from overseas.

The new requirements continue government action previously announced in 2024 to prevent those employers who abuse the visa system; barring those who repeatedly break immigration or employment laws from hiring overseas workers, and will help support those workers in the UK into new jobs.

The changes announced in 2024 also ban companies from charging workers for the cost of their sponsorship, which had never been intended to happen and which led to exploitation and unfair treatment of staff in the care sector.

These changes will also see the minimum salary thresholds updated to reflect the latest data from the Office for National Statistics (ONS). This will ensure that those persons working on the Skilled Worker visa, including care workers, are paid the minimum hourly rate. Please be aware that health and education occupations, including doctors, nurses, allied health professionals and teachers, will also see their minimum rates increased to reflect the latest national pay scales.

These rules introduced by the Government are intended to implement a series of measures in an effort to reduce the potential for abuse on the Student and Graduate visa routes.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com