Indefinite leave to remain extended to 15 years for care workers

This led to a significant spike in applications and between 2022 to 2024, 616,000 individuals relocated to the UK under the Health & Care visa.  As many of those individuals get closer to being able to apply to remain in the UK permanently and without restriction, the Home Office has now launched a consultation into reforms of the route to Indefinite Leave to Remain (ILR) for Health & Care visa holders and Skilled Worker visa holders. The impact on Care Workers, Senior Care Workers and their dependants will be significant.

The crux of the proposal is that ILR must be earned through contribution to the UK and is a privilege, not a right.

15 years route for Care Workers

The aim of the proposal is to reduce the number of people eligible to settle in the UK permanently in the coming years.  The starting point therefore is to increase the number of years that an individual must have lawfully lived in the UK before they are eligible to apply for ILR.

It is proposed that the standard qualifying period will increase from 5 years to 10 years – with the potential to reduce (or increase) this, depending on individuals circumstances as discussed below.

The doubling of this requirement will be a bitter pill to swallow for many, especially those nearing the current 5 years as the suggestion is that these changes will impact everyone, and not just those granted an initial visa after the changes come into force next year.  Care Workers and Senior Care Workers however face an even tougher change.  It is proposed that for those sponsored in roles below degree level, the requirement will be to have spent 15 years in the UK before being eligible to apply for ILR.

The impact on sponsored carers and the messaging surrounding their perceived value to the UK is fundamental.  The impact for employers is similarly huge.  The cost of continued sponsorship for 15 years will not have been anticipated at the outset of the employment relationship. For a large employer, the additional payment of the Immigration Skills Charge for a further 10 years will alone total £13,600 per sponsored carer.

Reductions to the qualifying period

There will be the opportunity to reduce the standard qualifying period however these will either not be applicable or will have a negligible impact on those sponsored in the care sector:

There will also be circumstances which will increase the standard qualifying period, including where the applicant has been in receipt of public funds whilst in the UK (increase of 5-10 years) and where they have arrived in the UK illegally or on a visit visa (increase of up to 20 years).

Additional mandatory conditions

Further strict changes will be imposed on all applicants for settlement. These are:

• Clean criminal record and full compliance with immigration rules
• English language proficiency at B2 level
• Passing the Life in the UK test
• No outstanding debts to the government, NHS, or HMRC
• Evidence of economic contribution (e.g., annual earnings above £12,570 for three to five years – subject to consultation)

Dependants

Until March 2024 dependants of those being sponsored as Care Workers and Seniors could relocate to the UK with the main applicant and had no restriction on employment.  As a result, the care sector has relied heavily on the recruitment of dependant visa holders.  As with Skilled Worker visa holders, the current position is that dependants can apply for ILR after 5 years in the UK, along with the main applicant, however they will also be significantly impacted by the introduction of the earned settlement model.

Moving forwards, dependants will no longer rely on the main applicant for ILR but will need to qualify for ILR in their own right.  This will include meting a higher level of English language than is currently required, as well as the aforementioned minimum taxable income.  The reality is that many dependants who currently qualify for ILR, will not under the new regime.

Responding to the Consultation

The Home Office’s consultation on the earned settlement model is open until 12 February 2026 and the views of employers and employees in the care sector will be of vital importance.

We are collating responses from our clients, and engaging with key stakeholders and industry bodies on these issues. Please send any comments you would like us to put forward to Homeofficeconsultation@wardhadaway.com.

The expectation is that changes will come into effect as early as April 2026.

Planning Ahead

In advance of the likely end to sponsorship of Care Workers and Senior Care Workers on 22 July 2028, it has never been more important to seek to retain the existing sponsored workers a provider has.

Planning ahead is likely to include:

• Discussing these proposals and guiding the workforce through these changes;
• Reviewing your sponsored workforce to see if anyone can apply for ILR before the new rules take effect and if so, signposting them to guidance and assistance;
• Reviewing your workforce planning, budgets and sponsorship strategy in light of these proposals;
• Offering additional support to increase English language ability.

We can assist with such guidance, queries, strategy discussions and ILR applications.  Contact us to discuss any of the above in detail.

Further, when we have clarity over the new rules, we will offer a fixed price “Settlement Eligibility Review” to help individuals and their employers understand how the rule changes impact them.