FINANCE & LEGAL
within five years, and instead will need to hold UK immigration permission for a longer period (between 10 – 30 years) before becoming eligible.
The proposal introduces a tiered approach to settlement and is under consultation until 12 February 2026. Broadly, it is proposed that:
• High earners could qualify for settlement aſter as little as three years.
• Those in key public service roles, such as the NHS, could still qualify for settlement after five years.
• Conversely, workers in roles below RQF Level 6, such as carers and senior carers, may face a 15-year base level qualifying period.
Additionally, the proposal considers other factors, such as integration and character, when assessing eligibility for settlement. These factors may determine whether individuals qualify for settlement earlier than the proposed baseline 10-year period or later.
Graduate Visas
Many employers in the care sector rely on migrant workers who do not require sponsorship, such as those holding Graduate visas.
Among the incoming changes to the immigration system that will impact the care sector is a proposed change to the length for which Graduate visas will be issued. Currently, Graduate visas are issued for two years, but this is set to be reduced to 18 months. This change will take effect on 1 January 2027 and will not impact those who have already been granted permission under this route or those who have applied prior to the change's implementation.
RIGHT TO WORK CHECKS
All employers in the UK have an obligation to ensure their employees have the correct immigration permission to work in the UK and are exposed to civil penalties (of up to £60,000 per
illegal worker) if it transpires that any employee does not have the right to work. To avoid penalties through obtaining a statutory defence, prescribed checks must be undertaken prior to an individual's employment commencing and mandatory records of the checks must be retained.
The current right to work regime generally applies solely to employees of a company, though the Home Office's right to work guidance 'strongly encourages' that checks also be extended to contractors. The Government is currently consulting on extending the right to work scheme to zero-hour contract workers, casual staff, and self-employed individuals working through online platforms.
The consultation seeks views from businesses on how this change should be enforced and how the process can be simplified. The consultation will be closing on 10 December 2025.
POTENTIAL CUMULATIVE IMPACTS OF THESE CHANGES
For workers: Longer timelines to settlement could create uncertainty, delay family stability, and increase costs for visa renewals.
For employers: Retention challenges, particularly in social care and other lower-paid sectors, are likely to remain acute. Businesses may need to offer higher salaries or career progression to help staff qualify for settlement sooner in appropriate circumstances. Those using zero-hours or casual staff may need to implement compliant right-to-work checking processes for this category if such checks are not already in place.
For the labour market: The proposals will reduce migration, especially given the changes in lower-skilled roles. While this aligns with the government’s objective to reduce net migration and "restore control to our borders", it will potentially worsen shortages in the health and care sector unless the resident workforce can be actively engaged in this sector.
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