Reported proposal could protect migrant care workers already living in Britain from a longer route to indefinite leave to remain, while stricter conditions may apply to future arrivals.
Migrant care workers already living and working in the United Kingdom could be protected from some of the government’s proposed settlement restrictions under an exemption reportedly being considered by Prime Minister Andy Burnham.
The proposal, as reported by The Guardian, would create a distinction between existing care workers and future arrivals. Those already in the UK could potentially remain under the current settlement arrangements, while people entering the country later may become subject to the stricter “earned settlement” system.
However, no exemption has yet been approved. The Home Office must first consider responses to its settlement consultation before the government decides whether transitional protection will be offered.
Existing workers could receive transitional protection
According to reports published on 24 July, Burnham is considering exempting care workers who are already legally resident in the UK from the tougher settlement rules.
If adopted, this could allow existing workers to continue towards ILR under a shorter qualifying period instead of being moved retrospectively onto a 10- or 15-year route.
The precise scope of any exemption remains unclear. The government has not confirmed:
- Which care occupations would qualify
- Whether dependants would receive the same protection
- Whether workers would need to have entered the UK before a particular date
- Whether the existing five-year ILR pathway would be preserved in full
- How changes of employer, occupation or visa category would affect eligibility
An exemption would not grant care workers automatic ILR. Applicants would still have to complete the required qualifying period and satisfy the relevant residence, salary, sponsorship, English-language and suitability requirements in force when they apply.
Why care workers may be treated differently
Social care providers have warned that imposing a much longer route to permanent residence could make it harder to retain experienced migrant workers.
The sector has relied heavily on overseas recruitment in recent years. Official Home Office figures show that 616,266 visas were issued through the Health and Care route between 2022 and 2024. This total included 249,594 main applicants and 366,672 dependants. Of the visas granted to main applicants, 154,342 were issued to people working in caring personal service occupations. Official Home Office data also indicates that approximately 117,000 care workers could otherwise become eligible for settlement between 2026 and 2030.
Trade unions and care providers argue that delaying permanent residence could discourage workers from remaining in the sector. Longer periods of temporary immigration status may also make the UK a less attractive destination for experienced care professionals.
This has created a difficult policy choice for the government: it wants to reduce settlement numbers while avoiding further pressure on a sector already facing recruitment and retention problems.
Will all Health and Care visa holders be exempt?
There is currently no indication that every person holding a Health and Care Worker visa would receive an exemption.
The visa covers a range of occupations, including doctors, nurses, allied health professionals, care workers and senior care workers. The reported proposal appears to focus specifically on migrant workers in social care who are already in the UK.
Doctors and nurses employed in eligible NHS roles have already been identified separately in the government’s settlement proposals, with the government indicating that they could retain a five-year pathway. The position of care workers is less certain because their jobs fall below the proposed RQF Level 6 threshold.
What settlement changes are being proposed?
Under the current Skilled Worker system, eligible workers can generally qualify for indefinite leave to remain, commonly known as ILR or settled status, after five years.
The government’s earned settlement consultation proposes increasing the standard qualifying period to 10 years. A longer 15-year starting point is also being considered for Skilled Worker visa holders employed in jobs below RQF Level 6, the equivalent of degree level.
Care workers and senior care workers would be among those most seriously affected by the proposed 15-year pathway because their occupations are generally classified below RQF Level 6.
Applicants may be able to reduce their qualifying period by demonstrating economic and social contributions. Nevertheless, the final eligibility conditions, possible reductions and transitional arrangements have not yet been confirmed.
| Immigration issue | Current position | Proposed position |
| Standard qualifying period for ILR | Generally five years | Baseline of 10 years |
| Workers in roles below RQF Level 6 | Generally five years if eligible | Possible 15-year starting point |
| Care workers already in the UK | Existing rules remain in force | Possible exemption under consideration |
| Future care-sector entrants | Subject to the rules applying to their visa route | Could face tougher settlement conditions |
| People who already hold ILR | Not affected | Remain outside the proposed reforms |
No immigration rule has changed yet
The possible exemption is not expected to be formally announced in Burnham’s forthcoming speech on social care. A decision could follow later in 2026 after the Home Office completes its consideration of the settlement consultation.
Until the government publishes a formal policy decision and introduces the necessary changes to the Immigration Rules, care workers should not assume that an exemption is guaranteed.
Existing visa holders must continue to comply with their current sponsorship and immigration conditions. They should also apply for extensions or settlement under the rules in force at the time of their application.
For now, the most important point is that the longer settlement periods remain proposals. Existing care workers may eventually receive transitional protection, but the qualifying occupations, dates and conditions will only become clear after an official Home Office announcement.