Immigration cap likely to damage care sector

The Government’s announcements regarding the new policy on capping the number of workers entering the UK from outside Europe has led several business leaders to warn of shortfalls of staff in certain sectors. In particular the social care sector has been highlighted suggesting care workers needed for a growing elderly population will be left in short supply.

The actual limit has yet to be specified and is to be agreed following a 12 week consultation with businesses. However, during the consultation period there are interim measures reducing the number of available visas, which have applied since 19 July 2010.
The interim measures also include limits on the number of Certificates of Sponsorship that licensed employers can issue to skilled worker applicants under the Tier 2 procedure; the category under which the bulk of care sector workers fall. These restrictions along with removal or reduction of the number of Certificates of Sponsorship that employers are allocated will leave care homes facing staff shortages and workers unable to renew their working visas. As a result of the introduction of the interim limit there are currently High Court Judicial Review proceedings pending and we await the outcome of these proceedings.

The UK Border Agency has advised that the interim limit will be replaced by a permanent limit in April 2011 and that all sponsors affected by the introduction of the interim limit will receive a letter detailing their allocation and how it has been calculated. It is not yet known whether proceedings will be initiated against the permanent limit.