Immigration reform is damaging the care sector

The dire skills shortage in the care sector calls for an urgent revision of the immigration policies set by the previous government, argues Carolyn Bowie, Glasgow-based immigration solicitor at national law firm Weightmans.

Since taking the reins from the Conservative government earlier this year, the Labour party has spoken extensively about the need to “reverse the decline” caused by the previous government.

The Rwanda scheme, the new hospitals programme, and a £40 million contract for government helicopters have all been reversed, after being deemed inefficient and wasteful.

However, it is surprising that other contentious Conservative policies, particularly those affecting overseas workers, have not been discarded.

This oversight is especially significant given the severe talent shortages in critical sectors like care.

According to ONS statistics, applications for health and social care visas plummeted by more than 80% in the 12 months leading up to August 2024 – and it’s no coincidence that this was when new immigration changes were introduced to ban overseas care workers from bringing dependants to the UK.

While some might argue that the policy successfully deters immigration, this is not a victory for the care sector where, according to the Bureau of Investigative Journalism, one in four workers are foreign nationals – it’s a talent crisis.

Industry leaders have explicitly expressed their discontent with the tightening of immigration policies. Gavin Edwards, head of care at UNISON, recently warned that without government intervention there will be catastrophic consequences for the care sector, which relies on overseas workers.

Further complicating the issue are the requirements that were introduced in late 2023, mandating that employers sponsoring overseas care workers and senior care workers register with the Care Quality Commission.

This registration process is both lengthy and resource-intensive, deterring some care businesses from even attempting it.

Additionally, the previous government raised the minimum salary requirement for sponsoring skilled worker visa applications to £38,700 annually this April. While there are reductions for certain care

occupations, the requirement remains higher than the average salaries for many essential roles in care facilities.

These reforms, all products of the previous government, have severely impacted care staffing levels. The new administration, only a few months into its term, has a unique opportunity to achieve two goals simultaneously: distancing itself from these controversial policies and addressing the care recruitment crisis.

Sir Keir Starmer has a limited timeframe to act before former Conservative policies become indistinguishable from current government policies in the public’s perception.

Apart from political considerations, the care industry cannot afford to wait. With over 100,000 vacancies and nearly half a million people on waiting lists for care homes, this is an urgent crisis that cannot be addressed solely through long-term plans to “train up our homegrown workforce and address the shortage of skills”, as suggested by a home office spokesperson recently.

Skills for Care, the planning body for adult social care in England, has proposed a new workforce strategy – a 15-year plan aimed at mitigating skills shortages in the sector.

While this long-term vision is commendable and a more sustainable domestic talent pool is welcomed, it does not offer an immediate solution to the current recruitment crisis.

The most efficient remedy is to relax immigration rules for skilled care workers, enabling care homes to tap into the global talent pool.

This new government, being the first in 14 years, presents a rare and valuable opportunity to reset the political conversation in the UK, which has grown increasingly divided and insular.

Labour has the chance to foster a more positive dialogue around immigration, one that recognises the benefits of participating in a global skills market, differentiates between legal and illegal migration, and constructively addresses the need for a robust homegrown talent pool.

While this approach is applicable to many sectors, there’s no question that it’s particularly urgent for the care industry.