The latest 'Statement of Changes' to the Immigration Rules released on 12 March 2025 have set out changes effective from 9 April 2025 that impact employers, particularly those operating in the Health and Care Sector. The Home Office are raising the base general salary threshold in line with the upcoming rise in the national minimum wage. There will also be added requirements placed on employers who recruit care workers and senior care workers to source employees from the pool of workers already in the UK before they attempt to hire from overseas.
There is also a change to the salary requirement for a skilled worker visa, so that any money paid by an applicant to their sponsor will be subtracted from the salary that can be counted towards the relevant salary threshold in the eligibility requirements.
Recruitment practices for care and senior care workers
The last year has seen a spike in sponsor licence revocations in the care sector. This has led to a pool of care workers and senior care workers who are looking for work and who are without a sponsor. The Home Office want to encourage employers to look to recruit these workers first before looking to bring in individuals from overseas or from other immigration routes.
The new rules will require Heath and Care providers who wish to sponsor individuals under SOC Code 6135 (Care Workers) and SOC Code 6136 (Senior Care Workers) to consider employing individuals already sponsored in the care sector, who are not currently obtaining sufficient work, or were previously employed by a sponsor who has since lost their licence.
In practice, the Home Office will require sponsors to provide a confirmation from the relevant regional or sub-regional partnership that they have tried to recruit in this way, and confirm that no suitable workers were available from this pool. Only then will a new skilled worker application from overseas or a switch from a different immigration route be considered.
This change only applies to care jobs located in England. Individuals in Scotland, Wales or Northern Ireland will remain unaffected. Additionally, these changes do not apply to:
- Workers looking to submit a change of employment application, who were already sponsored in these occupations before the changes take effect, and
- Those switching from other immigration routes who have been working lawfully for the sponsor as care/senior care worker for at least three months prior to the date of application
Increase to base general salary threshold
In addition to the changes regarding recruitment practices, the Home Office have announced that the base level general salary threshold will increase from £23,200 per year (or £11.90 per hour) to £25,000 per year (or £12.82 per hour).
Additionally, the going rates for occupations in healthcare and education are also being updated so that they continue to reflect the latest pay scales.
These changes are effective from 9 April 2025 and reflect the latest ASHE data, as well as the National Living Wage (also due to increase in April this year).
This increase will impact both new applicants to the skilled worker visa route and those who are looking to extend their skilled worker visa.
Salary reductions via payments to sponsors
Following guidance issued earlier this year which made clear that employers should not seek to claw back 'sponsorship costs' from visa applicants, a further change to the immigration rules will restrict when sponsors can recoup immigration fees via reductions in wages following a visa application.
The new rules will require that any money paid by an applicant to the sponsor will be subtracted from the 'salary' that can be counted towards meeting the relevant salary threshold. This includes any money that is paid back in relation to immigration or business costs. These provisions will not include payments that are made that provide 'an additional benefit offer which the applicant has a genuine choice whether to take up, for example salary sacrifice arrangements'.
This means that from 9th April, any sponsor who covers the applicant's visa costs and then seeks to recoup them via a reduction on their wage, will need to count this against the salary stated on their certificate of sponsorship. If this takes the salary below the relevant eligibility requirements, then the individual will not be able to apply for a visa.
What this means for employers?
We recommend that care providers review their current recruitment methods in relation to care and senior care workers. It is important that employers understand the new requirements to stay compliant and to avoid any disruption to the business. If you are a care organisation who ordinarily recruits care workers and senior care workers from overseas, you will have to re-assess your hiring strategy.
Employers should also bear in mind the impending changes will affect skilled worker visa applications made on the basis of a certificate of sponsorship assigned after 9 April 2025.
This means that if you have any applications in the pipeline which could be impacted by these changes, you should look to assign your certificates of sponsorship by 8th April at the latest to benefit from the current skilled worker visa regime.
If you require any further help or guidance regarding these changes please get in touch with our immigration team.
