Care Workers ILR 2026: UK Government Considers Protecting Existing 5-Year Settlement Route

Thousands of overseas care workers in the UK could be allowed to keep their current five-year route to Indefinite Leave to Remain (ILR), despite the government’s proposed changes to the settlement system.

While no official decision has been announced, recent comments from Prime Minister Andy Burnham and reports from several major UK news outlets suggest the government is actively considering special protections for care workers already living and working in the UK.

If introduced, the exemption would protect existing Health and Care Worker visa holders from the proposed 10- and 15-year “earned settlement” routes currently under consultation.

No Official ILR Exemption Yet

At present, the government has not confirmed that care workers will automatically retain the five-year pathway to ILR.

During his social care speech on 29 July 2026, Prime Minister Andy Burnham did not announce an immigration exemption or settlement guarantee. However, his subsequent comments have been interpreted as a strong indication that the government recognises the vital contribution made by overseas care workers.

In a BBC interview, Burnham said:

“People who are here in the UK and contributing should be supported and welcomed here.”

Although this was not a formal policy announcement, it has fuelled speculation that existing care workers could receive special settlement protections.

Reports Suggest an Exemption Is Being Considered

According to reports from major UK media organisations, ministers are exploring ways to protect overseas care workers already in the UK from the proposed longer settlement periods.

The reported plans focus primarily on workers who entered the UK under the previous Health and Care Worker visa rules, allowing them to complete the existing five-year pathway rather than moving onto the proposed 10- or 15-year route.

However, no final decision has been published by the Home Office.

Why the Proposal Matters

The government’s proposed “earned settlement” model would significantly increase the time many migrants must spend in the UK before qualifying for ILR.

Current rules allow eligible Skilled Worker and Health and Care Worker visa holders to apply for settlement after five years, provided they meet all immigration requirements.

Under the proposals:

• Many migrants would qualify after 10 years.
• Workers in lower- and medium-skilled occupations, including most care workers, could face a 15-year route to settlement.

These proposals remain under consultation and have not replaced the current immigration rules.

Burnham Praises Overseas Care Workers

In his speech on social care reform, the Prime Minister praised the dedication and professionalism of care workers, including those who have moved to the UK from overseas.

Reflecting on carers who supported his father, who has Alzheimer’s disease, Burnham said:

“I want those carers to know that we appreciate you.”

He also argued that care workers deserve better pay, improved career progression, and greater recognition for the essential role they play in society.

Wider Plans for Social Care Reform

The government’s broader strategy includes strengthening the social care workforce by:

• Introducing a Fair Pay Agreement from 2028–29.
• Improving training and career progression.
• Creating clearer pathways into NHS careers.
• Strengthening links between the NHS and social care.
• Accelerating the work of the Casey Commission.
• Developing a National Care Service.

Many experts believe immigration policy will play an important role in achieving these goals.

Why an ILR Exemption Could Be Important

England’s adult social care sector continues to face serious workforce shortages.

Although vacancy rates have fallen, thousands of care positions remain unfilled each year. Overseas workers have played a crucial role in supporting the sector.

Since direct overseas recruitment for care workers ended in July 2025, retaining experienced staff already in the UK has become even more important.

A significantly longer settlement route could:

• Encourage experienced workers to leave the care sector.
• Push some workers to seek employment in occupations with faster settlement pathways.
• Increase dependence on employer sponsorship for longer periods.
• Raise concerns about worker exploitation and employment insecurity.

Who Could Benefit?

If an exemption is introduced, it is expected to focus on care workers who are already living and working in the UK.

However, many important questions remain unanswered, including:

• Which care worker roles will qualify?
• Will Senior Care Workers also be included?
• What eligibility date will apply?
• Will dependants receive the same protection?
• Will time already spent in the UK count towards settlement?
• Will applicants still need to meet any new English language or salary requirements?

These details will only become clear when the Home Office publishes its final immigration reforms.

Current ILR Rules Still Apply

For now, nothing has changed.

Eligible Skilled Worker and Health and Care Worker visa holders can still apply for Indefinite Leave to Remain after five years, provided they continue to meet the existing requirements relating to sponsorship, salary, residence, and suitability.

The proposed earned settlement reforms have not yet become law.

What Happens Next?

The Home Office is expected to publish its response to the settlement consultation later in 2026, followed by any formal changes to the Immigration Rules.

Until then:

• The current five-year ILR route remains in force.
• No official exemption has been announced.
• Reports of a care worker exemption remain under consideration, not confirmed policy.

Conclusion

There is growing optimism that overseas care workers already living in the UK may be protected from the proposed 10- and 15-year settlement rules.

Prime Minister Andy Burnham has publicly recognised the invaluable contribution of international care workers, and multiple reports suggest the government is exploring ways to preserve their existing pathway to settlement.

However, no formal exemption has yet been announced.

Until the Home Office publishes its final immigration reforms, eligible Health and Care Worker visa holders should continue to rely on the current five-year ILR rules, while awaiting official confirmation of any future changes.

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