What overseas workers applying for a care job in the UK need to know.

Jobs in care can be incredibly demanding and tremendously rewarding and the roles have attracted thousands of overseas workers, but what will new visa rules mean for those who now want to make that journey?

Foreign applicants require a Health and Care Worker visa to be able to work in care. From 11 March changes will mean that visa holders are no longer permitted to bring dependants with them to the UK [1] cited 27.2.24

It is part of a number of government changes announced to immigration rules said to be aiming to reduce immigration and protect public services, and that will affect the care sector.

One of the most significant changes will mean that care workers and senior care workers will have to leave partners and children behind if they relocate to work in the UK, as they will not be allowed to bring them.

However, workers can still apply to bring family with them but they will now have to apply for a different type of visa that allows dependants, such as the family visa.

The care sector is one of the most affected by the new rules, as it relies heavily on migrant workers to fill the gaps in the workforce.

In 2020 there were said to be around 1.6 million jobs in the social care sector in the UK, of which eight per cent were filled by non-British nationals.

Last year it is reported that England had an estimated 165,000 vacancies in the adult care sector, with 10.9 per cent of social care jobs unfilled [2] cited 27.2.24

Critics argue that the new visa measures will deter skilled and experienced care workers from coming to the UK, exacerbate the existing staff shortages in the care sector, and affect the wellbeing and morale of care workers who are separated from their loved ones.

The Mayor of London Sadiq Khan is said to have condemned the new visa laws banning foreign health and care staff from bringing family to the UK [3]  cited 27.2.24

Mr Khan is reported to have said the sector’s workers were the capital’s “unsung heroes” and the Government’s plans will place an “already-stretched” NHS and social care system under more pressure.

Both employers and employees in the care sector are already facing significant challenges  in overcoming major issues that impact on service quality and staff well-being.

For under pressure care organisations recruiting and retaining the right staff with the type of salaries on offer, given the demands of any specific role, can have its own particular difficulties.

The ongoing cost of living crisis means job seekers are looking for vacancies that are as financially rewarding as possible, which many roles in care work are considered not to be.

According to a leading recruitment website, the average salary for a care worker is said to be £11.95 per hour [4] cited 27.2.24

The Covid-19 pandemic highlighted a range of staff shortages within social care, placing pressures on the existing workforce, despite the incredible and tireless efforts of  staff.

In response the government launched a high profile drive to recruit thousands of additional workers [5] cited 27.2.24

Temporary changes were made to the Health and Care visa to make social care workers, care assistants and home care workers eligible for a 12-month period.

It was intended to make quicker, cheaper and easier for social care employers to recruit eligible workers to fill vital gaps.

The visa allowed overseas applicants and their dependents to benefit from fast-track processing, dedicated resources in processing applications and reduced visa fees, to help to tackle record staff shortages in the UK at the time.

Those recruited are credited with helping to save the system, which was feared to be on the verge of collapse.

Official statistics  for work visas show a huge 157 per cent rise in Health and Care Worker visas being granted, with 121,290 issued for  the year ending June 2023 compared to 47,194 the previous year [6] cited 27.2.24

A breakdown of the visas issued show that almost 60,000 were to care workers and home carers, with the total number for senior care workers being 17,666.

There are a number of requirements to qualify for a Health and Care Worker visa.

The applicant must  be able to speak, read, write, and understand English. Proof of English proficiency is usually required during the application process.

Stipulations also include the individual being a qualified doctor, nurse, health professional, or adult social care professional, work in an eligible health or social care job, be employed by a UK employer approved by the Home Office, and hold  a ‘certificate of sponsorship’ from an employer specifying the role they have been offered.

A Certificate of Sponsorship (CoS) is a virtual document issued by an approved UK employer (the sponsor) to a prospective employee (the applicant) [7] cited 27.2.234

The CoS provides evidence the applicant has been offered a job and it will include  job title, salary, and start date. Without it an applicant cannot proceed with their visa application.

Applicants do not directly pay for the CoS. Instead, it is the responsibility of the sponsoring employer. The cost of sponsorship is a few hundred pounds, which is met by most care companies.

But reports last year said many workers who had come to the UK to help to plug staffing gaps in care were being charged thousands of pounds by a few unscrupulous employers and agents [8] 27.2.24

It was said workers were being exploited and charged as much as £25,000, with  interest added and the debt being deducted from their wages, placing individuals in ‘a cycle where they will never be able to pay off the debt.’

If you are an overseas applicant seeking to work in care in the UK and you are asked to pay for sponsorship you should:

Understand the Situation

Speak to your employer to understand their reasoning behind asking you to pay for the visa.

Research the legal requirements and guidelines related to sponsorship visas in the UK.

Know Your Rights

According to UK immigration rules, employers are typically responsible for the costs associated with sponsoring a visa.

Evaluate the Offer

Consider the overall package offered by the employer. Evaluate the job role, salary, benefits, and career prospects.

Seek Legal Advice

If you are unsure about your rights or the legality of the situation, seek legal advice from an immigration lawyer.

Negotiate or Decline

If you still want the job and believe the employer is genuinely unaware of the rules, discuss the issue and negotiate.

If the employer insists on you paying, carefully consider whether this it is the type of place where you wish to work. You may choose to decline the offer.

Document Everything

Keep records of all communication with your employer regarding the visa sponsorship.

If you do agree to pay, ensure there’s a written agreement specifying the terms and get any agreement checked by an expert.

Skilled workers

The new visa rules does mean the minimum salary threshold for skilled workers will increase, with the baseline minimum rising from £26,200 to £38,700 per year on 4 April 2024.

This means that employers who want to sponsor a skilled worker for a visa will have to pay them at least £38,700 per year unless they qualify for an exemption or a lower threshold. For example, the Health and Care Worker visa, which includes social care workers, and education workers on national pay scales, will not be affected by this change.

Remember

Employers should not ask you to pay for visa sponsorship, especially in the care sector.

Prioritise your rights and well-being when making decisions.