Changes to settlement rules for care workers: HR expert comments
The Home Secretary has scrapped plans that would have made migrant care workers already in the UK wait 15 years for permanent settlement.
Workers that arrived in the UK before May 2025 and earning at least £25,000 will be eligible for indefinite leave to remain (ILR) status after five years.
Other low-income workers will need to wait 10 years before gaining ILR – which gives an individual the right to live, work and study in the UK for as long as they like and apply for benefits if eligible – down from the 15 years previously proposed under Shabana Mahmood’s immigration reforms.
Laura Chinyere-Ezeh, Senior HR Consultant in health and social care, said: “These reforms will be hugely welcomed by a sector that is grappling with worker shortages, including in management and leadership positions.
“Not only does a five-year path to settlement make the care sector more appealing to people who have legally migrated, but it also helps to retain existing talent and dedicated staff by recognising their contributions.
“Many care workers who have legally migrated have until now been unable to take further steps in their career because they are limited to pursuing promotions and progression opportunities due to the restriction of occupational codes under sponsorship rules.
“This glass ceiling is now removed within a shorter time period once they achieve indefinite leave to remain status, offering career pathways towards deputy manager, registered manager and leadership.
“At a time when we’re already facing challenges presented by an ageing population and escalating costs of care, it’s essential we have a robust workforce ready to support those in need of all types of care. These changes go some way to easing those issues.”
Contact
Dan Robinson
PR & Communications Manager
Dan.Robinson@brownejacobson.com
+44 0330 045 1072
Related expertise
You may be interested in...
Changes to settlement rules for care workers: HR expert comments
Employment Rights Act 2025: Fire and rehire reforms delayed and dates of 2027 changes published
Employment Rights Act 2025: Changes coming into force on 30 October 2026
Preventing liability for third-party harassment: Considerations for employers
Preventing sexual harassment: Considerations for employers
Duty on employers to inform all workers of their right to join a trade union – government’s response to consultation
Prime Minister’s speech on National Care Service: Legal comment
Employment tribunal claim time limits to double from 1 October 2026
Employment Rights Act 2025: Are you ready for the Autumn 2026 changes?
Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care
Augustine v Data Cars Ltd: Supreme Court confirms scope of protection from discrimination afforded to part-time workers
Dealing with offensive language in the workplace
What employers need to know about Acas’s new draft Code of Practice on disciplinary and grievance procedures
Watching the workforce: What employers need to know about the new workplace monitoring consultation
New NHS guidance on unlawfully accessing patient records
Trade union right of access: What employers need to know about the final Code and regulations
Government publishes response to consultation on access and unfair practices during the trade union recognition and derecognition process
New apprenticeship behaviour verification – key considerations for employers
Comment: Commercial thinking in the NHS
Government launches consultation on Fair Work Agency’s approach to holiday pay compliance and enforcement
The Employment (Contractual Retirement Ages) Act 2025: What employers need to know
ERA 2025: Striking a balance: Navigating the new rules on detriments for industrial action
Right to work checks: Beyond employees
Union ballots go digital: What is changing and when
Employment Rights Act 2025: Government launches consultation on reform of zero and low hours contracts
Employment Rights Act 2025: The podcast series
Employment Rights Act 2025: Further details on the changes to unfair dismissal protections
Unpacking the Milburn report for employers and what it means for government policy
Milburn Report on Youth Employment: Comment from Browne Jacobson’s HR services team
Browne Jacobson advise creation of a new England healthcare trust
Employment Rights Act 2025: Consultation launched on preventing misuse of non-disclosure agreements
TUPE reform: What employers need to know about the government's call for evidence
Employment Rights Act 2025: What the new trade union right of access means for employers
Employment Rights Act 2025: What employers need to know about equality action plans
Government to introduce mandatory ethnicity and disability pay gap reporting for large employers
Belief, context and causation: Lessons from Omooba
Employment Rights Act 2025: New record keeping obligation coming into force
Employment Rights Act 2025: Are you ready for the April 2026 changes?
Employment Rights Act 2025: Consultation on protection from detriment for taking industrial action