Care Workers ILR 2026: Government should consider safeguarding current care workers from new 10- and 15-year settlement rules
Thousands of overseas care workers in the UK could be allowed to keep their existing five-year route to indefinite leave to remain (ILR).
Prime Minister Andy Burnham has not yet declared a formal exemption. But his latest words, along with information from a number of credible sources, show the administration is seriously exploring special settlement provisions for care professionals currently living and working in the nation.
This could serve as a shield for existing care workers against the government’s proposed “earned settlement” scheme. That would double the normal route to ILR from five years to 10 years. Most employment in social care are below degree level and care workers may have to wait even longer to work in social care.
The key thing is that the 10 and 15 year settlement terms are still suggestions. They have not superseded the existing immigration rules.
Andy Burnham: Did he promise five-year ILR for care workers?
Not really. The Prime Minister has not announced publicly: “Care workers will get ILR after five years.” He also failed to declare an immigration or settlement exception in his official speech on social care on 29 July.
Nevertheless, his words give a strong signal that the role of international care workers is being rethought.
Burnham told a BBC interview he would take on board what people had stated in the government’s settlement consultation. Speaking specifically about people working in social care and the NHS, he said:
“People who are here in the UK and contributing should be supported and welcomed here.”
It wasn’t a policy pronouncement, but it was a clear political signal. Burnham openly linked the immigration discussion to the contribution of international care workers.
The Guardian has said Burnham is contemplating exemptions from the stiffer settlement standards for care workers currently in the UK. Other arrangements might nevertheless provide coverage for new recruits.
The Times has also claimed that the Prime Minister is considering an exemption for current foreign care workers who would otherwise face a potential 15-year route to ILR.
A five-year route is possible for existing care workers, although it’s still under discussion rather than official government policy.
Burnham Thanks Overseas Care Workers in Public
Burnham’s official social care address was given on 29 July and referenced his own experience of seeing carers look after his father, who has Alzheimer’s.
He commended their professionalism, expertise, and compassion. He also made a specific point of acknowledging workers who had arrived from other countries saying:
“I want those carers to know that we appreciate you.”
The Prime Minister said care workers should not be the worst paid in society but the best paid.
And his address didn’t include a visa announcement, but his remarks are politically vital. His pledge to value, retain and support care workers would be hard to reconcile with a policy that might see those same workers wait up to 15 years for permanent residence.
Reform of the Social Care Workforce Starts Now
Burnham’s bigger objective is to increase the social care workforce before the Casey Commission’s final report is published.
He suggests:
- Improving wages with the anticipated Fair Wages Agreement from 2028–29
- Better training and job stability
- Creating career pathways from social care into NHS posts
- Treating NHS and social care professionals as an integrated workforce
- Moving the final social care report by Baroness Louise Casey to 2027
- Building a National Care Service with the NHS
The Independent claimed that Burnham wants to make employment terms in social care more like those in the NHS and to develop clearer career options for workers.
This broader conversation will undoubtedly include immigration status. With years of temporary status, numerous visa applications and continuing dependency on employer sponsorship, workers are less likely to stick in the business.
Why an ILR Exception May Be Needed
Adult social care in England continues to have major recruitment and retention challenges.
Skills for Care estimates that there were about 96,000 unfilled adult social care vacancies on an average day in 2025-26.
The vacancy rate declined to 6.2%, but was still over three times greater than the larger economy.
Overseas workers have been important in filling these shortages.
Care workers will no longer be recruited directly from overseas from 22 July 2025.
The number of new international workers recruited directly from overseas has therefore declined.
A 15 year settlement path could present another retention concern.
Some workers may leave social care for jobs with a speedier route to settlement.
Some may quit the UK altogether.
A longer term of employer-sponsored status could potentially result in greater dependence of vulnerable workers on their sponsors.
Parliamentary and workers’ rights groups have warned this might increase the risk of exploitation, mistreatment and workers being intimidated to report abusive bosses.
Would the Exemption Encompass All Care Workers?
That’s not clear.
Early reports suggest the government is believed to be focusing on protecting care professionals already living and working in the UK.
This might mean that people who came in under the previous five year scheme would be able to complete that journey.
However, the government still needs to make clear:
- Which care-worker job codes would be eligible
- Whether senior care workers would be included too
- The date by which a worker must have come to the UK
- Should dependants be given comparable protection
- Whether time already completed would count in full
- If the exemption would maintain the current five-year path
- Whether it will still be subject to new English language and income conditions
- Whether future entrants would have a separate settlement period
An exemption from the proposed 15-year beginning point would not automatically qualify ILR.
Workers would still need to work the qualifying term and meet the necessary immigration requirements.
The overseas care-worker recruiting is still suspended.
A settlement exception would not automatically re-open the care-worker visa process to new international applicants.
Direct foreign recruitment for care-worker roles ceased in July 2025.
So the settlement issue is mostly about people already in the UK, including those who came legitimately under previous Health and Care Worker visa schemes.
The potential policy shift should be seen as a safeguard for the existing workforce rather than a renewal of overseas recruitment.
Proposed and Current ILR Rules for Care Workers
The position as at 30 July 2026 can be summarised thus:
A person with qualifying permission as a Skilled Worker or Health and Care Worker may apply for ILR after five years, subject to meeting the necessary wage, sponsorship, residency and suitability requirements.
Official government guidelines still state candidates should have lived in the UK for five years before applying.
The earned-settlement approach would provide a 10-year beginning point for many migrants.
There is a planned starting time of 15 years for those in low or medium skilled employment which would include the majority of social care professionals.
However, the final rules have not been released yet.
The government is still evaluating more than 200,000 replies to its settlement survey.
What Happens Next?
The Home Office is due to publish its final response to the earned-settlement survey later in 2026.
A new settlement system can then take effect after the government publishes a formal Statement of Changes to the Immigration Rules.
Meanwhile, the existing five-year method remains the law for eligible Health and Care Worker and Skilled Worker visa holders.
Newspaper reporting or political comments should thus not be seen by care workers as a verified change.
The exemption seems to be under serious consideration, but the exact terms will only be known when the Home Office releases the final immigration guidelines.
There is now a real chance that existing international care workers will be safeguarded from the planned 10 and 15 year ILR restrictions.
Prime Minister Andy Burnham has publicly commended foreign care workers, saying their contribution should be acknowledged, and promised quick measures to bolster the social care sector.
There are credible rumours his government is looking at putting existing care workers on a shorter settlement track.
But there has been no official announcement yet about a five-year ILR guarantee.
The right answer for the moment is straightforward.
Qualifying care workers can still apply for ILR after five years under the existing standards.
This option could stay open to those already in the UK, if a future exemption is created, but we will all have to wait until the Home Office makes a final announcement.