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What May Change in the UK Health and Care Worker Visa Due to Labour’s Victory in the Election?

Nathan Spears by Nathan Spears
25 September 2024
in Business
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Early this year, the Conservative government implemented stricter immigration rules as part of an effort to reduce net migration. These changes, particularly the ban on care worker dependents, impacted the UK Health and Care Worker Visa route, leading to a decline in the number of foreign care workers entering the country.

The Labour Party’s victory in the July 4 general election sparked some conversations about potential changes to the immigration policies. ​​In a post-election update, the Immigration Advice Service, a leading UK immigration firm, stated that the criteria for work visas, including salary thresholds, might change “in line with emerging economic priorities or sector-specific needs.”

The party ran on a manifesto that promised to “reform the points-based immigration system so that it is fair and properly managed.” However, they also pledged to lower legal migration by changing the way businesses hire workers from overseas.

So what does this mean for care workers who are currently unable to bring their families to live with them in the UK? What changes should they expect under the new government?

A Closer Look at Labour’s Manifesto

Immigration was a key focus for all major parties throughout the election campaign. A closer look at the Labour Party’s manifesto showed that they aim to reduce net migration. Some of their commitments include:

  • Reforming the points-based immigration system so that it is properly managed with appropriate visa restrictions and by linking immigration and skills policy.
  • Ensuring that migration is used to tackle skills shortages in the UK, alongside measures to improve the skills of UK workers
  • Prohibiting employers who violate immigration or employment laws from hiring foreign nationals
  • Implementing workforce and training plans to reduce the UK’s reliance on overseas talent, particularly in the health, social care, and construction sectors.
  • Strengthening the Migration Advisory Committee (MAC) and fostering collaboration with skills bodies across the UK to address skills shortages in the economy.

In addition, during the election campaigns, Sir Keir Starmer stressed the need to reduce net migration figures, pledging to “control our borders and make sure British businesses are helped to hire Brits first.”

How Does the Labour Government’s Plan Differ From the Conservative’s?

Labour’s manifesto and comments from party members indicate that the difference between their approach and the previous government’s in reducing net migration is a commitment to making immigration decisions based on a joint framework with relevant skills bodies rather than in isolation. 

The Labour government has also rejected the notion of setting annual caps on visa numbers, which the Conservatives plan to do. The now-Home Secretary, Yvette Cooper, stated that passed targets have been missed; hence, it is “sensible” not to set a specific cap now. 

What Should Foreign Healthcare Workers Expect?

Statements from the Labour government indicate that there is no plan to reverse the strict policy on foreign health workers introduced early this year, including the ban on care and senior care workers bringing dependents to the UK on their visas. 

This is despite the fact that the number of foreign nationals applying for the Health and Care Worker Visa has declined by 81% between April, when the changes came into effect and July 2024 compared to the same period in 2023. Similarly, visa applications from health and care dependents dropped by 71%. 

Additionally, when Rishsi Sunak’s government first announced the new visa rules in December 2023, many critics condemned them as harsh on workers who would be separated from their families. Health professionals across the UK also cited the impact of losing foreign care workers on an already strained health sector.

However, Starmer’s government is confident that the plan to upskill the domestic workforce and improve the country’s working conditions will reduce the long-term reliance on overseas workers and address workforce shortages.

Furthermore, the Labour Party’s manifesto emphasised a zero-tolerance policy towards employers or recruitment agencies exploiting the visa system or violating employment laws. According to the manifesto, employers who break the rules will be prohibited from hiring overseas workers.

This statement aligns with Sunak’s initiative to regulate care providers through the Care Quality Commission in order to tackle system abuse. As such, employers will continue to face strict oversight, and protective measures for care workers will stay in place. 

Sunak’s government also hiked salary requirements for health and care roles, including those on NHS bands. Since the Shortage Occupation List was abolished along with its 20% discount in favour of the Immigration Skills List (ISL), all roles on the ISL also got an increased threshold. 

Before the elections, Stephen Kinnock, the then Shadow Minister for Immigration, stated in a debate in the House of Parliament that Labour was in support of “ending the 20% discount for businesses recruiting from abroad in shortage sectors and expecting businesses to draw up workforce plans to ensure they are able to recruit more local resident talent.”

When the Labour Party released its manifesto later, it condemned the old shortage lists, stating, “The days of a sector languishing endlessly on immigration shortage lists with no action to train up workers will come to an end.” As such, the government is unlikely to return the SOL or its discount. 

Conclusion

Statements from Keir Starmer’s government have shown that the regulations on hiring overseas workers will probably be tightened further in the coming months. 

The government plans to use immigration only as a secondary option to tackle the skills shortage. The main focus is to implement workforce training to increase the country’s domestic talent pool, particularly in the health and social care sector. This will ensure that visa restrictions are balanced by a robust upskilling policy. 

Thus, the Labour government is not relaxing the strict immigration rules rolled out by the Conservative government early in the year.

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