0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

new migration cap to hit care sector

24 November 2010
Theresa May has unveiled details of the UKs first permanent cap on non-EU foreign nationals entering the UK, which will undoubtedly have a detrimental impact on the care sector.

The Home Secretary announced yesterday that the number of visas granted will be cut by a fifth from April 2011. Tier 1 visas will be capped at just 1,000 and will be limited to only those with exceptional talent, including entrepreneurs, investors, sports stars and scientists. Tier 2 visas will rise to 20,700 (an increase of 7,000) but this will be limited to those with offers of jobs at graduate level.

Whilst there are exemptions for multi-national companies transferring its employees to the UK, this will provide little, if no relief, for the majority in the care sector.

In the last year, 13 of care workers were recruited from outside the EU. The new cap, however, could result in migrants being refused entry to the UK or forced to quit their jobs, which will certainly disrupt the provision of care at a time when the ageing population is on the increase and national workers on the decrease.

To compound this, it is anticipated that this is only the first step in the governments pledge to reduce net migration and that student migration will be next on the target list. In her announcement, the Home Secretary stated that:

"Nearly half of all students coming here from abroad are actually coming to study a course below degree level and abuse is particularly common at these lower levels - a recent check of students studying at private institutions below degree level showed that a quarter could not be accounted for. Too many students, at these lower levels, have been coming here with a view to living and working, rather than studying. We need to stop this abuse."

It is not yet clear whether there will be any specific exemptions to this cap for the care sector. In the meantime, however, the interim cap imposed in July 2010 (resulting in a 5 reduction in visas), will continue to apply. There may be a glimmer of hope for those employers who will need to exceed their quota between now and April 2011, as it may be possible to apply for a limited increase, albeit only in exceptional circumstances.

focus on...

Legal updates

Modern Slavery Act 2015 - updated statutory guidance for public authorities in England and Wales

This is timely guidance given that modern slavery will not be exempt from the health, social and economic challenges brought about by Covid-19.

View

Legal updates

Recommendations – how wide can they be?

In successful discrimination claims, one remedy available to a Tribunal is an appropriate recommendation. In this case of Hill v Lloyds Bank plc, the Employment Appeal Tribunal (EAT) has considered the scope of a recommendation sought by an employee.

View

Legal updates

Pay inequality

The High Pay Centre has issued its interim report based on the first pay ratios disclosed between 1 January 2020 and 31 April 2020.

View

Legal updates

Statutory sick pay - FAQs

There have a been a number of changes made to the statutory sick pay (SSP) regime this year as a result of the cornonavirus pandemic, so we’ve set out below some FAQs as a reminder.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up