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Legal Information for Care Workers

Essential Legal Information for Care Workers Under New UK Immigration Rules

visa

The UK government has introduced new immigration rules, effective from 9th April 2025, to strengthen protections for care workers under the Skilled Worker Visa route. These changes aim to improve employment conditions and reduce the risk of exploitation. It is essential for care workers and employers to understand their legal rights and obligations to ensure compliance with UK law.

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.

Legal Assistance and Next Steps:

Understanding and navigating these new immigration changes can be complex. It is crucial for care workers and employers to seek professional legal advice to ensure compliance with UK immigration and employment laws.

If you require guidance on your rights, visa applications, sponsorship compliance, or employment protections, Portway Solicitors is here to assist. Our team of legal experts specialise in UK immigration law and can provide tailored advice to help you remain compliant with the latest legal requirements.

For further legal assistance or to discuss your individual circumstances, please contact Portway Solicitors at your earliest convenience.

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