Gurjit Pall, Partner in immigration law, explains why relocation support is only part of the solution as the Scottish Government opens a new fund – and why employers need to act now on visa applications for sponsored migrant workers.
Scotland’s social care providers cannot afford to lose sight of ensuring that migrant workers retain their right to remain in the United Kingdom - even with Government support.
The Scottish Government is investing £500,000 to help displaced migrant staff in the sector relocate north of the border in the wake of visa changes imposed by the UK Government.
Eligible employers can apply for targeted support for the cost of hiring as part of a fund which is currently open for applications.
That action has started amid concerns that tightened rules around visas for care workers could lead to the national shortage of social care workers deepening.
But amid the current steps, employers must stay alert to a key deadline in order to retain migrant workers – and avoid leaving it too late.
The steps being taken by the Scottish Government around relocation will undoubtedly address some of the concerns that care sector employers have. But it’s vital that they do not lose sight of how these measures fit into the bigger picture. Relocation support is just one piece of the jigsaw.
Visa changes and critical deadlines
Overseas recruitment for care workers closed in July (2025) amid one of the most substantial changes to the post-Brexit “Skilled Worker” rules. These roles were removed from the list of eligible occupations for new overseas applicants but remain available to individuals already in the UK under the Skilled Worker route or another visa that permits in-country switching.
The UK Government has introduced a transition period until 22 July 2028 for immigration applicants already in the country.
During this time, eligible applicants may apply for permission to stay in one of two ways:
- Extend their Skilled Worker visa if they are already sponsored in the care worker or senior care worker occupation codes; or
- Switch into the Skilled Worker route from another eligible visa, provided they have been legally working for their sponsoring employer in one of these occupation codes for at least the three months ending on the date the Certificate of Sponsorship is issued.
All applications under these transitional arrangements must be submitted before 22 July 2028.
And, while the Scottish Government intervention is opening opportunities for relocation, experts at Lindsays are cautioning against overlooking any steps that may be required beyond that and leaving applications to the last-minute – risking the loss of key personnel.
Why acting early matters
Scottish Care estimates that more than a quarter of care workers in Scotland are from overseas.
It’s no secret that recruitment in the social care sector is challenging. Care providers simply cannot afford to lose good people.
Almost three years may sound like a long time in terms of staffing. But, given the difficulties of recruiting in social care, employers are advised to take steps to retain good people as quickly as possible after recruiting them if they are foreign nationals.
Care providers do not want to be in a position close to the deadline in 2028 where they are part of a bottleneck of businesses seeking permission for staff to stay in the UK, potentially risking them having to leave if they are not registered in time.
Staffing problems in the sector would only deepen if that were the case.
Care workers were temporarily added to the UK’s Shortage Occupation List in 2022. They were each initially only due to be on there for 12 months before being reviewed.
As part of its new immigration rules, the UK Government has ended entry clearance for overseas care workers in an attempt to reduce the sector’s reliance on international recruitment.
There are brilliant people doing great jobs across the social care sector. But one of the biggest challenges that employers tell us, is finding the right people - those for whom caring is as much a vocation as it is work.
Care providers have a lot to consider in their recruitment processes, both in terms of personalities, but also around other checks, including safeguarding.
This latest change in skilled worker rules is another issue to factor into the bigger picture around recruitment, retention and wider business planning in the sector.
Since Brexit, there has been a steady rise in demand for immigration advice across various visa routes, including Skilled Worker visas, Global Talent visas, individuals with UK Ancestry, and applications for those seeking to reunite with partners or family members in the UK.
The number of employers seeking immigration support has increased, with all employers wishing to sponsor staff from overseas now required to hold a sponsor licence from the UK Home Office.
Employers must also conduct Right to Work checks for all individuals employed and, where appropriate, before the employee’s temporary visa expires.
The current advice is separate to a proposal by Home Secretary Shabana Mahmood that workers on post-Brexit health and social care visas wait 15 years before permanent settlement. The current level is five years.
Published 18 December 2025
First published in Third Force News
