Care workers and earned settlement
On 2 November 2026 the government said care workers who joined the route before May 2025 keep a 5-year path to settlement, on conditions. This guide sets out those conditions, the second visa for people who do not meet them, the 120-day rule from 1 February 2027, and what is not yet law.
- Section
- ILR & Settlement
- Reading time
- 11 min
- Last checked
- 3 November 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- This is a government decision announced on 2 November 2026. It is not yet in the Immigration Rules, and the current rules still apply.
- Care workers who entered or switched into the route before the May 2025 White Paper keep a 5-year path, if they meet the £25,000 salary, sponsorship and employment requirements.
- They must also meet the minimum requirements that apply to everyone, including B2 English and no criminal record.
- Those who do not meet the requirements after 5 years can apply for a further 5-year Health and Care visa, limited to genuine care work.
- From 1 February 2027, a care worker whose sponsor loses its licence has up to 120 days to get a job offer and up to 180 days in total to sort out their visa.
- Care workers who joined the route after May 2025 are on the standard 10-year path.
On 2 November 2026 the government published its decision on earned settlement. Most people will wait 10 years before they can apply for settlement (indefinite leave to remain), but care workers who entered or switched into the care worker route before the Immigration White Paper of May 2025 keep a 5-year path. They must meet a £25,000 salary condition, the sponsorship and employment requirements, and the new minimum requirements for everyone, including B2 English and no criminal record. Care workers who do not meet them can apply for a further 5-year Health and Care visa. Care workers who joined after May 2025 go on the 10-year path. None of this is in the Immigration Rules yet.
Where This Stands
On 2 November 2026 the Home Secretary announced the government's decision on "earned settlement", and the government published its response to the consultation, A Fairer Pathway to Settlement (Command Paper CP 1707). It sets out a new standard of 10 years before most people can apply for settlement (also called indefinite leave to remain), with shorter and longer paths. Our guide to earned settlement covers the whole decision.
Care workers have their own arrangement. This guide sets out what the government has said about it, in its own words where possible.
This is not yet law. No change has been made to the Immigration Rules. The Home Secretary told the House of Commons on 2 November 2026 that the changes "will begin to be laid from the December immigration rules" and "will be implemented over the course of 2027". Until rules are laid and take effect, the current settlement rules for Health and Care Worker visa holders apply.
Who the Arrangement Covers
The government calls this a "targeted, one-off transitional arrangement". In its response it says:
"Care workers who entered, or switched into, the route before publication of the Immigration White Paper in May 2025 will retain the existing five-year qualifying period for settlement where they meet the applicable salary (£25,000 a year), sponsorship and employment requirements." (CP 1707, page 38)
Three parts of this wording matter.
- "Entered, or switched into, the route." The arrangement covers people who came to the UK as care workers and people who moved into care work from another visa, as long as either happened before the cut-off.
- "Before publication of the Immigration White Paper in May 2025." The response explains why it chose this point: the White Paper "publicly announced the Government's intention to move the standard pathway to settlement from five to 10 years", so it gives "a clear and transparent cut-off point" (page 38). GOV.UK records the White Paper, Restoring control over the immigration system, as published on 12 May 2025. The response does not give a day, and does not say whether a person who entered on 12 May 2025 itself is inside or outside the arrangement.
- "Where they meet the applicable salary (£25,000 a year), sponsorship and employment requirements." Being in the UK for 5 years is not enough on its own. The response states: "Those who do not meet the requirements will not qualify after five years" (page 39).
The government's own example (page 41) describes a person who entered on a Health and Care visa in 2023, stayed in "genuine, sponsored employment" and met the salary and other requirements. Because they entered before May 2025, "they will retain the existing five-year pathway and may apply for settlement after five years, provided they continue to meet all the relevant requirements."
Care workers who joined after May 2025
The response states: "Those entering after that point will qualify through the standard 10-year Earned Settlement pathway" (page 39). Its example (page 41) is a person who switched into the care worker route after the White Paper was published: "The transitional arrangements do not apply. They will qualify through the standard 10-year Earned Settlement pathway, provided they meet the relevant requirements."
The 10-year path has its own conditions, including earnings of at least £12,571 a year. They are set out in our main earned settlement guide.
The proposal this replaced
The November 2025 consultation proposed a 15-year path for work below degree level, which would have included most care work. The government has dropped it: "Workers in occupations below RQF 6 will no longer face the 15-year pathway proposed in the consultation" (page 38). RQF 6 means level 6 of the Regulated Qualifications Framework, which is roughly degree level. Our comparison of the proposal and the decision sets out the other changes.
The Requirements That Still Apply
The 5-year arrangement keeps the length of the wait. It does not remove the new minimum requirements. The response says care workers "will also need to meet the strengthened minimum requirements that will apply generally under Earned Settlement, including on criminality and English language, unless an exemption applies" (page 38).
Under the decision, the minimum requirements for everyone are:
| Requirement | What the government's response says |
|---|---|
| Good character | "Any adult applicant with a criminal record in the UK will be refused settlement" (page 8). This includes cautions, fines and suspended sentences, not only prison sentences. |
| No government debt | No outstanding debt to the government, including NHS debt, tax debt, National Insurance and debts to the Home Office from court cases (page 8). |
| English at level B2 | "B2 will be the standard English-language requirement for settlement", with existing exemptions for age and for physical or mental conditions (page 17). |
| Life in the UK test | The test "will continue, with the existing exemptions" (page 17). See our Life in the UK test guide. |
| Sustained contribution | An earnings requirement (pages 4–5 and 11). For this group, the response names the £25,000 salary requirement. |
There is also a rule about public funds (most state benefits). People applying on the 3, 5 or 10-year paths "will be expected not to have accessed specified public funds during the five years immediately before applying" (page 14). Health and Care visa holders normally have no access to public funds, so this rule is mainly relevant to people who have had access in the past.
English: what is already in the rules
Today, a person applying for settlement from the Health and Care Worker visa does not have to prove English again, because they proved it when they got the visa. That is already changing. The Immigration Rules (paragraph SW 22A.1 of Appendix Skilled Worker) set a B2 English requirement for settlement applications made on or after 26 March 2027. B2 is described by the government as the "equivalent of A level in a foreign language". See our guide to B1 and B2 English.
The earned settlement decision says B2 will be the standard for everyone. The response does not say whether it will cover speaking and listening only, or all four skills.
If the Requirements Are Not Met: a Second 5-Year Visa
The government accepts that the care sector "saw exceptional levels of sponsor failure, exploitation and poor practice" while this group was being recruited, and that some workers "were left without the work they had been promised" (page 39). It has decided to give them "a second opportunity to meet those requirements".
The response states:
"Those who do not qualify for settlement after five years will be able to apply for a further five-year Health and Care visa, restricted to genuine work in the sector. This will give them additional time to meet the requirements before applying for settlement again. They will continue to have no recourse to public funds while on that further visa." (CP 1707, page 39)
Points to note about the second visa:
- It is a visa, not settlement. It gives more time to meet the requirements.
- It is limited to care work. The response says "restricted to genuine work in the sector".
- No recourse to public funds. As now, most state benefits are not available. See our guide to no recourse to public funds.
- The employer. The Home Secretary said in her statement that these workers "will not be tied to their old employer". The response's own figures (Annex A, page 46) describe this group as care workers who "are able to secure further sponsorship", so a sponsoring employer appears to be part of it. The detailed rules have not been published.
- After the second visa. The Home Secretary said: "At the completion of their new five-year visa, these workers will be able to apply for settlement once more."
The government's example (page 41) is a person who entered on a Health and Care visa in 2023 and has not met all the requirements after five years: "They will not qualify for settlement simply because they have completed five years in the UK. However, they will be supported to move into genuine, sponsored employment on a Health and Care route."
When a Sponsor Loses Its Licence: the 120-Day Rule
This is the one part of the care worker arrangement with a published date. The response states:
"From 1 February 2027 care workers who have lost their employment due to the sponsor licence being removed will have up to 120 days to get a secure job offer, and a further 60 days to resolve their visa and employment status. If they are not able to secure a job offer within 120 days, or resolve their employment status within 180 days, we will curtail their visa, and the individual will need to leave the UK." (CP 1707, page 39)
| Step | Time allowed |
|---|---|
| Get a secure job offer | Up to 120 days |
| Sort out the visa and employment status | A further 60 days (180 days in total) |
| If either deadline is missed | The visa is cut short ("curtailed") |
The Home Secretary described this as doubling "the amount of time normally allowed". The response also says that where a care worker is left without a sponsor "through no fault of their own", the government "will continue to work with the care worker to help them find a new employer" (page 39).
The response does not say whether the longer period applies only to care workers who arrived before May 2025, or to every care worker whose sponsor loses its licence. Our guides to sponsor licence revocation and what happens when an employer closes set out the rules in force today.
Related Groups With Their Own Arrangements
- Health and education workers below degree level. Workers in health and education jobs below RQF 6 that are paid on a national pay scale, "such as nursing auxiliaries and teaching assistants", keep a 5-year route "if they came to the UK before the May 2025 Immigration White Paper publication and meet the requirements of their visa" (page 40). The response gives no list of the jobs covered. The Home Secretary said "the same transitional arrangement" will apply to them. The GOV.UK news story says "a similar approach". See our guide to public service jobs and earned settlement.
- Doctors, nurses and other health professionals at degree level. These are on a permanent 5-year path for 30 named public service jobs, set out in the same guide.
- Partners and children of care workers. The general rules for families are in our guide to partners and children. Under the rules in force today, care workers sponsored in the care worker codes normally cannot bring a partner or children. See our care worker visa guide.
The Government's Estimates
The response includes estimates of how many people will settle between 2026 and 2030 (Annex A, page 46). They are forecasts of settlement in that period, not counts of everyone affected. The response itself says "the size of this cohort is uncertain".
The government's forecast includes about 196,000 care workers and 186,000 dependants. It indicates that around 146,000 of the workers and 136,000 dependants meet the conditions to keep a 5-year route, and around 50,000 workers and 50,000 dependants do not. About 6,000 care workers and 5,000 dependants in the forecast joined the route after the May 2025 white paper and are on the 10-year path. Source: Home Office — A Fairer Pathway to Settlement: Government Response to the Consultation (CP 1707), Annex A, pages 46 to 47.
The Home Secretary gave different figures in her statement. The Home Secretary told Parliament that between 2022 and 2025, 250,000 people and their dependants arrived on, or switched into, the social care route, and that those who have not met their visa conditions are around a quarter of those who came in that period (Home Secretary — oral statement on earned settlement, 2 November 2026). Her arrivals figure counts people who came, not people expected to settle, and the wording does not make clear whether it includes dependants. It does not match the Annex A figures, which measure something different.
What Has Not Been Published
The government's response leaves these points open:
- The exact cut-off day. The response says "May 2025". GOV.UK dates the White Paper to 12 May 2025.
- What "entered" means. The response does not say whether it means the date a visa was granted, the date of arrival in the UK, or the date work started.
- How the £25,000 salary is measured. The response does not explain it beyond "the applicable salary (£25,000 a year)".
- The second visa's rules. Whether it needs a new sponsor, and whether time on it counts towards a later settlement application, are not set out in the response.
- The start date. Apart from 1 February 2027 for the licence rule, no date is given for any part of the arrangement.
- The occupations covered by the separate arrangement for health and education workers below degree level.
The government says it will publish "further guidance setting out additional technical and operational detail" before implementation (page 6).
Sources
- A Fairer Pathway to Settlement: Government Response to the Consultation (CP 1707), November 2026. Care workers: pages 37 to 41. Minimum requirements: pages 4 to 9 and 16 to 17. Estimates: Annex A, page 46.
- Home Secretary's oral statement on earned settlement, 2 November 2026, and the House of Commons debate that followed (Hansard, 2 November 2026).
- GOV.UK news story: Home Secretary unveils new rules for migrants settling in the UK, 2 November 2026.
- Immigration Rules: Appendix Skilled Worker, paragraph SW 22A.1.
Related guides: earned settlement, which visas count towards settlement, public service jobs, partners and children, and the current rules for Health and Care Worker visa holders.
Only a person regulated by the Immigration Advice Authority, or a solicitor, can advise on an individual case. See our guide to getting help with an application.
Questions and answers
Do care workers still get settlement after 5 years?
Under the government's decision of 2 November 2026, care workers who entered or switched into the care worker route before the Immigration White Paper was published in May 2025 keep the 5-year qualifying period. The conditions are the £25,000 salary, sponsorship and employment requirements, plus the minimum requirements for everyone, including B2 English and no criminal record. The decision is not yet in the Immigration Rules.
What is the cut-off date for care workers?
The government's response says the arrangement covers care workers who 'entered, or switched into, the route before publication of the Immigration White Paper in May 2025'. GOV.UK records the White Paper as published on 12 May 2025. The response does not give an exact day, and it does not say whether someone who entered on 12 May 2025 itself is included.
What happens to a care worker who joined after May 2025?
The government says care workers who entered or switched into the route after the White Paper was published will qualify through the standard 10-year earned settlement path. Its own example is a person who switched into the care worker route after May 2025: 'The transitional arrangements do not apply.'
What if a care worker does not meet the requirements after 5 years?
The government says they will not qualify for settlement after five years. They will be able to apply for a further five-year Health and Care visa, restricted to genuine work in the care sector, with no recourse to public funds. After that visa, the Home Secretary said, they can apply for settlement again.
What if a care worker's sponsor loses its licence?
The government says that from 1 February 2027, care workers who lose their job because their sponsor's licence is removed will have up to 120 days to get a job offer, and a further 60 days to sort out their visa and employment. If there is no job offer within 120 days, or the position is not resolved within 180 days, the visa will be cut short and the person will need to leave the UK.
Do care workers need B2 English for settlement?
Under the government's decision, yes, unless an exemption applies. The response says care workers on the 5-year arrangement 'will also need to meet the strengthened minimum requirements… including on criminality and English language'. Separately, the Immigration Rules already set a B2 English requirement at settlement on the Skilled Worker route for applications made on or after 26 March 2027.
Is the 5-year arrangement for care workers law now?
No. It was announced on 2 November 2026. The Home Secretary told the House of Commons that the changes 'will begin to be laid from the December immigration rules' and 'will be implemented over the course of 2027'. No statement of changes has been laid yet, and no start date has been published.
Is the second care visa tied to the old employer?
The government's response says the further visa is 'restricted to genuine work in the sector'. The Home Secretary said in her statement that these workers 'will not be tied to their old employer'. The response's own figures describe this group as care workers who are 'able to secure further sponsorship'. The detailed rules have not been published.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.