Developing Story: Government considers protecting existing care workers from proposed 10- and 15-year settlement rules
Thousands of overseas care workers living in the UK may be allowed to keep their current five-year route to indefinite leave to remain, commonly known as ILR.
Till now, the Prime Minister Andy Burnham has not yet announced a formal exemption. However, his recent comments, together with reports from several credible sources, suggest that the government is seriously considering special settlement arrangements for care workers already living and working in the country.
This could protect existing care workers from the government’s proposed “earned settlement” system. Under that proposal, the normal route to ILR would increase from five to 10 years. Care workers could face an even longer starting period of 15 years because most social care jobs are classified below degree level.
The important point is that the 10 and 15-year settlement periods are still proposals. They have not replaced the current immigration rules.
Has Andy Burnham promised five-year ILR for care workers?
Not exactly. The Prime Minister has not publicly said: “Care workers will receive ILR after five years.” He also did not announce an immigration or settlement exemption in his official social care speech on 29 July.
Nevertheless, his comments provide a strong indication that the position of overseas care workers is being reconsidered.
During a BBC interview, Burnham confirmed that he would examine what people had said during the government’s settlement consultation. Referring directly to people working in social care and the NHS, he said that those who are in the UK and making a contribution should be “supported and welcomed here”.
This was not a formal policy announcement, but it was a clear political signal. Burnham linked the immigration debate directly to the contribution made by overseas care workers.
The Guardian has reported that Burnham is considering exempting care workers who are already in the UK from the tougher settlement rules. New entrants could still be covered by different arrangements.
The Times has also reported that the Prime Minister is considering an exemption for existing foreign care workers who would otherwise face a potential 15-year route to ILR.
Therefore, a five-year route is a realistic possibility for existing care workers, but it remains under consideration rather than confirmed government policy.
Burnham publicly thanks overseas care workers
In his official social care speech on 29 July, Burnham spoke about his personal experience of watching carers look after his father, who has Alzheimer’s.
He praised their professionalism, skill and compassion. He also made a special point of recognising workers who had come from other countries, saying:
“I want those carers to know we appreciate you.”
The Prime Minister argued that care workers should be among the best-paid people in society, rather than among the worst paid.
Although his speech did not contain a visa announcement, his words are politically important. It would be difficult to reconcile his promise to value, retain and support care workers with a policy that could leave the same workers waiting up to 15 years for permanent residence.
Social care workforce reform will begin immediately
Burnham’s wider plan is to strengthen the social care workforce without waiting for the final report of the Casey Commission.
His proposals include:
- Improving pay through the planned Fair Pay Agreement from 2028–29
- Providing better training and job security
- Creating career progression from social care into NHS positions
- Treating NHS and social care staff more like one connected workforce
- Bringing forward Baroness Louise Casey’s final social care report to 2027
- Developing a National Care Service alongside the NHS
The Independent reported that Burnham wants to raise social care employment conditions closer to NHS standards and create clearer progression routes for workers.
Immigration status is likely to become part of this wider discussion. Workers are less likely to remain in the sector if they face years of temporary status, repeated visa applications and continued dependence on employer sponsorship.
Why an ILR exemption could be necessary
England’s adult social care sector still has serious recruitment and retention problems. According to Skills for Care, there were approximately 96,000 vacant adult social care posts on an average day during 2025–26. Although the vacancy rate fell to 6.2%, it remained around three times higher than the wider economy.
Overseas workers have played a major role in filling these gaps. However, direct overseas recruitment of care workers ended on 22 July 2025. The number of new international workers recruited directly from abroad has consequently fallen.
A 15-year settlement route could create another retention problem. Some workers may leave social care for occupations offering a quicker route to settlement. Others may leave the UK entirely.
A longer period of employer-sponsored status could also make vulnerable workers more dependent on their sponsors. Parliamentary and workers’ rights organisations have warned that this may increase the risk of exploitation, poor treatment and workers being afraid to report abusive employers.
Would the exemption cover every care worker?
That is not yet clear. Early reports suggest that the government is mainly considering protection for care workers who are already living and working in the UK. This could mean that workers who entered under the existing five-year system would be allowed to complete that route.
However, the government still needs to clarify:
- Which care-worker occupation codes would qualify
- Whether senior care workers would also be included
- The date by which a worker must have entered the UK
- Whether dependants would receive similar protection
- Whether time already completed would count in full
- Whether the exemption would preserve the current five-year route
- Whether new English-language and income conditions would still apply
- Whether future entrants would face a different settlement period
An exemption from the proposed 15-year starting point would not automatically grant ILR. Workers would still have to complete the required qualifying period and meet the relevant immigration requirements.
Overseas care-worker recruitment remains closed
A settlement exemption would not necessarily reopen the care-worker visa route to new applicants from overseas. Direct overseas recruitment for care-worker roles ended in July 2025. Therefore, the settlement debate mainly concerns people who are already in the UK, including those who entered legally under earlier Health and Care Worker visa arrangements.
The possible policy change should be understood as protection for an existing workforce, rather than a reopening of international recruitment.
Current and proposed ILR rules for care workers
The position as of 30 July 2026 can be summarised as follows:
| Settlement position | Qualifying period |
| Current Health and Care Worker/Skilled Worker ILR route | 5 years |
| Proposed standard earned-settlement route | 10 years |
| Proposed starting period for most care workers | 15 years |
| Possible exemption for existing care workers | Potentially 5 years, but not confirmed |
Under the current rules, a person holding qualifying permission as a Skilled Worker or Health and Care Worker can normally apply for ILR after five years, provided that all relevant salary, sponsorship, residence and suitability requirements are met. The official government guidance continues to state that applicants must have lived in the UK for five years before applying.
The proposed earned-settlement model would introduce a 10-year starting point for many migrants. For people working in jobs classified as low or medium skilled, including most social care workers, the proposed starting period would be 15 years. These details are confirmed in a House of Commons Library briefing.
However, the final rules have not been published. The government is still considering more than 200,000 responses submitted during its settlement consultation.
What happens next?
We asked migration expert Mr. Umer Rasib about what is going to happen next, and he said:
The Home Office is expected to publish its final response to the earned-settlement consultation later in 2026. The government will then need to issue a formal Statement of Changes to the Immigration Rules before a new settlement system can take effect.
Until that happens, the current five-year route remains the law for qualifying Health and Care Worker and Skilled Worker visa holders.
Care workers should therefore avoid treating newspaper reports or political comments as a confirmed change. The exemption appears to be under serious consideration, but the exact conditions will only become clear when the Home Office publishes the final immigration rules.
There is now a genuine possibility that existing overseas care workers will be protected from the proposed 10 and 15-year ILR rules.
It is important that Prime Minister Andy Burnham has publicly praised foreign care workers as he said their contribution should be welcomed and promised immediate action to strengthen the social care workforce. Credible reports indicate that his government is considering allowing existing care workers to remain on a shorter settlement route. But no five-year ILR guarantee has yet been formally announced.
The possible exemption could cover more than half a million migrants who arrived during the period “Boriswave.” Overall, at least 1.6 million foreign workers entered the UK following visa changes introduced under Boris Johnson’s government.
For now, the correct position is simple: qualifying care workers can still apply for ILR after five years under the current rules. A future exemption may preserve this route for workers already in the UK, but everyone must wait for the final Home Office announcement.