Essential Legal Information for Care Workers Under New UK Immigration Rules

Key Legal Changes:

1. Recognition as a Shortage Occupation
   Care workers will now be classified under the Shortage Occupation List, allowing for streamlined visa applications. However, employers must still comply with sponsorship requirements and demonstrate a genuine need for overseas recruitment.

2. Resident Labour Market Test Requirements
   Employers must provide documented proof that they have actively sought to recruit from the UK workforce before hiring overseas workers. This includes advertising positions in accordance with UK employment law and keeping records of recruitment efforts.
3. Salary Threshold Increase
   The minimum salary for care workers under the Skilled Worker Visa will be raised to align with UK employment standards. This is to prevent underpayment and ensure that wages comply with legal guidelines under the UK Immigration Rules.
4. Employer Compliance Obligations
   Employers must provide evidence of fair working conditions, including proper accommodation and support, and comply with employment contract requirements. Failure to meet these standards could result in penalties or sponsorship revocation.

5. Legal Protections Against Exploitation
   Care workers have the right to legal protections under UK employment laws, including protection from unfair dismissal, discrimination, and illegal wage deductions. Workers who experience mistreatment should seek legal advice immediately.