Care Workers May Face 15-Year Wait for Settlement Under New Rules

The Home Office has announced plans to extend the minimum period for indefinite leave to remain (ILR) from 5 years to 15 years for care workers on Health and Care Worker visas.

This represents one of the most significant changes to UK immigration policy for care workers in recent years. If implemented, it would mean care workers arriving in the UK from 2025 onwards would need to wait three times longer before being eligible to apply for permanent settlement.

What's Changing?

Current Rules (Until Changes Take Effect)

• ILR eligibility: After 5 continuous years in the UK on a valid visa
• Settlement path: Skilled Worker or Health and Care Worker visa holders can apply for ILR after 5 years
• Time away: Maximum 180 days outside the UK in any 12-month period
• Path to citizenship: Eligible for British citizenship 12 months after receiving ILR

Proposed New Rules

• ILR eligibility: Extended to 15 years for Health and Care Worker visa holders
• Settlement path: Care workers would need to maintain valid visa status for 15 continuous years
• Time away: Same 180-day rule would apply across all 15 years
• Path to citizenship: Would not be available until 16 years after arrival (15 years + 1 year)

Who Will Be Affected?

The proposed changes are expected to affect:

• New arrivals: Care workers entering the UK after the implementation date
• Current visa holders: Those who haven't yet completed 5 years may be grandfathered under old rules (details pending)
• Family members: Dependants' ILR eligibility tied to main applicant's timeline

Why Is This Happening?

The government has stated several reasons for the proposed change:

1. Salary threshold concerns: Health and Care Worker visa holders are exempt from the general salary threshold of £38,700, with many earning £26,200 or less
2. Public services pressure: Concerns about long-term demand on public services and infrastructure
3. Immigration numbers: Desire to reduce net migration figures while maintaining essential care workforce
4. Policy alignment: Bringing care worker settlement timelines more in line with other temporary worker routes

What You Should Do Now

If You're Already in the UK

1. Track your time: Document all your time in and out of the UK meticulously
2. Stay informed: Watch for official announcements about transitional arrangements
3. Maintain compliance: Ensure your visa remains valid and you meet all conditions
4. Seek advice: Consider consulting an immigration advisor about your specific situation
5. Monitor salary: If possible, negotiate salary increases toward the general threshold

If You're Planning to Come to the UK

1. Understand the commitment: Be prepared for a 15-year path to settlement
2. Consider alternatives: Look into Skilled Worker visa options that may offer better long-term prospects
3. Financial planning: Plan for 15+ years of visa renewal fees, IHS charges, and legal costs
4. Career progression: Research pathways to roles that qualify for standard Skilled Worker visa

For Everyone

1. Build evidence: Keep comprehensive records of employment, residence, and compliance
2. Professional development: Invest in qualifications that may open alternative visa routes
3. Stay connected: Join care worker communities to share information and support
4. Register with CareVisa: Get alerts about policy changes and new opportunities

Alternative Pathways to Consider

If the 15-year timeline seems too long, consider these alternatives:

1. Skilled Worker Visa

Some senior care roles qualify for the standard Skilled Worker visa, which maintains the 5-year route to ILR. Positions like Registered Nurse Manager or Care Home Manager may qualify.

2. Career Progression

Progress into management, training, or nursing roles that meet the higher salary thresholds and qualify for standard Skilled Worker visa.

3. Further Education

Study for nursing qualifications or management certifications that open different visa categories.

Timeline and Implementation

Key Takeaways

• The proposed change extends ILR eligibility from 5 to 15 years for Health and Care Worker visa holders
• Current visa holders may be protected under transitional arrangements
• The change is not yet law - it's currently in the proposal stage
• Alternative pathways to settlement may be available through career progression
• Careful planning and documentation are essential regardless of the outcome

Stay Updated

This is a developing situation. The proposed changes may be modified during the consultation period, and transitional arrangements will be crucial for determining how current visa holders are affected.

CareVisa will update this article as new information becomes available. Make sure you're registered on our platform to receive immediate alerts about any changes to immigration rules that affect care workers.