Government Proposes Major Overhaul of Immigration Rules — Significant Implications for Adult Social Care

On 20 November 2025, the Government announced proposals for the most significant overhaul of the UK migration system in 50 years, confirming plans to introduce the Earned Settlement Model first outlined in the May 2025 Immigration White Paper.

These proposals are now open to consultation until 12 February 2026, with legislation and implementation expected from Spring 2026.

If adopted, the reforms would substantially extend the length of time many migrants must live and work in the UK before becoming eligible for settlement — a shift with far-reaching implications for the adult social care workforce. The plans build on earlier measures, including the closure of the Health and Care Worker Visa route in May 2025, signalling a continued tightening of long-term settlement opportunities for overseas care staff.


Overview of the Proposed Earned Settlement Model

Under the Government’s proposals:

  • The standard settlement period would increase from 5 to 10 years.

  • Low-paid roles, including adult social care, would be placed on the longest settlement route — 15 years.

  • Migrants reliant on public funds would face a 20-year pathway.

  • Visa overstayers and illegal entrants could wait up to 30 years before becoming eligible to settle.

  • NHS doctors and nurses would retain a 5-year route, while high earners and innovators could qualify after 3 years.


Impact on Adult Social Care and Healthcare Workers

Between 2022 and 2024, around 616,000 people (including dependants) entered the UK on Health and Social Care visas. Under current Government intentions, anyone who has not secured Indefinite Leave to Remain (ILR) before implementation would transition onto the new, longer settlement routes.

This could mean that thousands of international care staff recruited on a 5-year route — and preparing to apply for ILR — may instead find themselves on a 15-year settlement pathway.

Without ILR, migrant care and nursing staff remain tied to their sponsoring employer, limiting their ability to move roles — a restriction that has previously been linked to cases of exploitation. Staff on the new settlement route would also be unable to access benefits such as child benefit or disability support for at least 10 years, despite paying tax and National Insurance throughout this period.

With visa fees already running into thousands of pounds, the cumulative cost of repeated renewals over an extended settlement pathway may become unaffordable for many workers.

A longer pathway to settlement would also mean additional years of sponsorship for employers, including continued payment of the Immigration Skills Charge, and increased administrative and compliance burdens.


Sector Outcry

The proposals have triggered significant concern across the social care sector, with many leaders warning that the reforms risk worsening already severe workforce shortages.

Professor Martin Green OBE, a leading national voice in adult social care, said:

“Placing care workers on a 15-year settlement route is a grave injustice to the very people who keep our care system standing. These are the people who care for our parents, our partners, our children; who bring reassurance in moments of deep uncertainty and dignity on the hardest days. To tell them they must wait a decade and a half before they can build any sense of security in this country is indefensible.”

Unions have also voiced concern, warning that essential frontline staff — many of whom played critical roles during and after the Covid-19 pandemic — may now reconsider their future in the UK.


Next Steps and Consultation

Although the Government’s stated intention is for the new model to apply to current visa holders, this is not yet final. Transitional arrangements — potentially providing exemptions or a softer regime for those already in the UK — are among the options under consideration.

SESCA strongly urges organisations and individuals to respond to the consultation and press for clear protections to ensure that existing Health and Care Worker visa holders are exempt from these changes.

The consultation is open until 12 February 2026:
https://ukhomeoffice.qualtrics.com/jfe/form/SV_1yMmiaG7zqwPuM6

Anyone eligible to apply for ILR before implementation may wish to consider doing so now, as current rules will continue to apply until the new system is in place.

Employers should assess potential workforce impacts and consider proactive communication with staff, including internal briefings or information sessions.

SESCA will continue to monitor the consultation and forthcoming legislation closely and will provide further updates for providers across the South East.

Read the full Government announcement here:
https://www.gov.uk/government/news/biggest-overhaul-of-legal-migration-model-in-50-years-announced

 

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