Last year, we published a brief update regarding the government’s proposed restrictions on overseas recruitment for care workers and senior care workers. Since then, we have continued to receive a significant number of enquiries from both employers and migrant workers particularly concerning the “switching” provisions and how these rules operate in practice.This article expands on those earlier updates and aims to clarify the current position for individuals and sponsors affected by the changes.

The confusion is understandable. Many workers are receiving conflicting information from employers, agents, and social media sources regarding whether they can still switch into care worker sponsorship, whether overseas recruitment remains possible, and what evidence employers must now provide to the Home Office.The reality is that the rules have become considerably more restrictive, and careful attention must now be given to sponsorship compliance and eligibility requirements.

The Key Change: Overseas Recruitment Ends on 22 July 2025

From 22 July 2025, sponsors will no longer be able to recruit new overseas applicants for the following roles under the Skilled Worker route:

• SOC 2020 occupation code 6135 — Care workers and home carers
• SOC 2020 occupation code 6136 — Senior care workers

In practical terms, this means employers will no longer be able to sponsor individuals applying from outside the UK for these roles. This marks a major shift in immigration policy for the care sector, which has relied heavily on overseas recruitment in recent years due to ongoing staffing shortages.

The “3-Month Rule” Many People Are Missing

The biggest issue we are currently seeing is widespread misunderstanding about the new switching rules. Many people believe they can simply find a care employer willing to sponsor them and immediately receive a Certificate of Sponsorship (CoS). That is no longer how the rules are intended to operate.

From 22 July 2025, a person switching into a care worker or senior care worker role from inside the UK will generally need to show that:

• they are already lawfully in the UK;
• they have already been legally working for that sponsor in one of the relevant care worker SOC codes for at least three months before the CoS is assigned; and
• the sponsor can evidence that employment properly.

This is the crucial part many applicants are overlooking.

Note:The three months’ work is expected to come before the CoS assignment – Not after.

In practice, this means employers and workers may need to carefully structure employment arrangements lawfully and ensure proper evidence exists before sponsorship is issued.

Why This Is Causing Confusion

There is currently a significant amount of misinformation regarding employment and work visas in the UK. Many workers are incorrectly advised that they can easily switch to a care job and transition into sponsorship under new visa rules. However, this advice is increasingly risky, as the Home Office is now prioritizing legitimate employment history, payroll documentation, lawful working arrangements, and compliance records from sponsors.

To ensure adherence to these new regulations, sponsors are required to provide thorough evidence, which may include payslips, employment contracts, rota records, and details of previous Certificates of Sponsorship (CoS), along with confirmation of the applicant’s immigration status. This shift signifies a stricter approach by the Home Office, emphasizing the need for genuine and verifiable employment conditions.

Existing Care Workers Can Still Extend

For current care workers already sponsored in their positions, there is good news! You can still apply to extend your permission to stay in the UK, as long as you continue to meet the Skilled Worker requirements. However, it’s essential to be aware that the recent changes primarily impact new overseas recruitment and individuals who are looking to switch into care worker roles for the first time. If you’re already in the profession, take advantage of this opportunity to secure your residency as you continue your important work in healthcare.

The Switching Route Will Also End Completely

The switching route for care worker roles is set to end completely, with applications closing after 22 July 2028. This means that the government is gradually phasing out this immigration option rather than an immediate halt. It’s important for those considering a switch into these roles to be aware of this timeline and plan accordingly.

Increased Compliance Scrutiny for Sponsors

The Home Office has made it clear that the care sector will undergo stricter compliance monitoring moving forward. Sponsors in England are required to maintain active registration with the Care Quality Commission (CQC) and must engage in regulated activities to remain compliant.

There are growing concerns about several issues in the sector, including dormant sponsorship arrangements, insufficient genuine work from sponsors, payroll inconsistencies, and potential exploitation.

What We Are Seeing in Practice

Recently, we have observed a significant increase in inquiries from individuals and employers, indicating a growing demand for clarity on various visa and sponsorship issues. It’s encouraging to see so many people actively seeking guidance as they navigate complex situations. Many inquiries are centered around key challenges such as sponsors who are currently lacking work opportunities, individuals transitioning from student or graduate visas, or those needing assistance with the three-month residency requirement that may play a role in their applications.

Employers are also actively seeking information and understanding their options for work sponsorship, particularly as they contemplate their responsibilities under current immigration laws. We recognize that the landscape can be daunting, with increased scrutiny from the Home Office and the potential for audits.

Given the intricacies of these issues, it’s crucial to address them properly to ensure compliance and minimize risks. We are committed to providing reliable and comprehensive advice tailored to the needs of both individuals and organizations. Our aim is to equip you with the knowledge necessary to navigate these complexities confidently and effectively!e online.

Practical Advice for Workers and Sponsors

For workers: Workers should be aware that a job offer does not automatically ensure eligibility for sponsorship. It’s essential to verify that employment arrangements are legitimate and comply with the law, maintain accurate records of work performed, and seek immigration advice before changing visa routes.

For sponsors: Sponsors should carefully review their recruitment practices, maintain strong HR and payroll records, confirm the genuine existence of employment before sponsorship, and prepare for enhanced scrutiny from the Home Office.

Need Advice Regarding Care Worker Sponsorship?

At Cross Border Legal Solicitors UK, we are dedicated to supporting both sponsors and migrant workers navigating the evolving immigration landscape in the care sector. Our comprehensive services include skilled worker applications, sponsor licence compliance, switching and extension applications, home office compliance issues, and tailored immigration advice for care providers and workers across the UK.

If you have questions about the new care worker restrictions or the three-month switching rule, our enthusiastic team is ready to assist you with personalized guidance and support!

You may contact us by filling in our Quick Enquiry form any time you need professional support or have any questions. Alternatively, you can call us during office hours on 07544669131 / 0116 3800 744

Cross Border Legal Solicitors Ltd is a UK solicitor law firm regulated by the Solicitors Regulation Authority (SRA). The firm is headed by Mr Tito Mbariti, a UK immigration and human rights solicitor and a member of the Law Society of England and Wales.