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New rules for recruiting care workers in force

Care businesses will now be required to prioritise recruiting international care workers already in England before recruiting from overseas or from other visa categories. 

The new rules that come into force today (9th April) will mean that care providers looking to recruit and sponsor migrant workers will – in most cases – have to demonstrate that they have first tried to recruit a ‘displaced worker’ from within the UK. 

‘Displaced workers’ are those who have been sponsored for a Skilled Worker visa but find themselves without work due to their sponsoring employer either losing their licence or failing to provide the worker with sufficient work to meet their visa requirements.

The new regulations have been introduced to help ensure that those who come to the UK to pursue a career in adult social care are not taken advantage of by non-compliant employers and are not penalised for their employers’ non-compliance. This “care worker recruitment requirement” places an onus on employers prioritising workers who are already within the UK and is consistent with the Government’s wider policy to link the skills and visa system to grow our domestic skill pool.

In addition to the change in recruitment rules, further changes include an increase in the minimum salary threshold requirements for the Skilled Worker visa category. 

What does this mean for care providers in England?

Providers seeking to recruit a new worker from overseas, or those switching from another visa route, will have to first provide proof that they have attempted to recruit a worker resident in England. Providers will need to work with their local regional partnership and look to recruit from a pool of workers before they can sponsor a care worker from another route or from overseas. 

The updated minimum salary threshold for skilled workers will increase to £12.82 per hour or £25,000 per annum, from £23,200.

If you have any questions on the new rules, please contact Mark Benton.

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