Care Workers may be able to bring dependants to the UK Soon
Care Workers may be able to bring dependants: Permission for judicial review has been granted for a legal challenge against the recent immigration law changes made by the UK government. Changes prohibiting care workers from bringing their partners and children to the UK went into effect on March 11, 2024.
The legality of these modifications and their effects on the rights of carers and their families will be investigated by the judicial review. An organisation that advocates for migrant workers is bringing the challenge, claiming that the new policy is discriminatory and unfair and will negatively impact care workers’ capacity to perform their duties.
The government has justified the measures, saying they are required to maintain the UK’s public services and manage immigration numbers. Nonetheless, the choice to allow judicial review suggests that serious doubts exist regarding the new regulations’ legitimacy and equity.
The government’s new policy prohibiting care workers from bringing spouses and children to the UK has been challenged in court by Migrants at Work, an organisation that helps foreign workers, which claims the regulation is “tearing families apart.”
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Care workers can no longer do both, according to Migrants at Work, and must decide between working as health or social carers in the UK or staying with their partners and kids.
The contentious strategy was implemented in March 2024, when the adult social care workforce was experiencing a nearly 10% vacancy rate.
The measures were designed to tighten up on high levels of non-compliance as well as exploitation and abuse in the care industry, according to James Cleverly, the home secretary at the time.
“The Home Office’s changes to the health and social care visa will further exacerbate the staff shortages in the adult social care workforce,” stated Aké Achi, the founding CEO of Migrants at Work.
Furthermore, carers who wish to go to the UK are now faced with a difficult decision: either they continue to live with their partners and children or they accept a position that will help provide social care during a crisis in the UK.
They will not be able to do both under the new regulations. Since the new regulations went into effect, we have also seen instances where potential carers have been advised they must leave the UK because their children are not allowed to remain there as dependents. Families are already being torn apart by the new regulations, and the effects on the larger care industry will be catastrophic.
The Home Office still had a chance to forego the new regulations and save the cost of legal action, according to Jeremy Bloom, an attorney at Duncan Lewis who represents Migrants at Work.
“We haven’t seen any evidence that the Home Office has properly considered the impact that this will have on the vulnerable individuals who need access to social care, on the wider system of social care, or on people coming to the UK on health and social care visas,” he continued.
He charged that the home secretary was neglecting the effect this would have on the lack of workers in the social care industry.
“There are grave concerns regarding the secretary of state’s compliance with the public sector equality duty, as he makes it apparent that a comprehensive impact assessment was not conducted before the policy was introduced.”
“Care workers contribute significantly to society, but immigration is not the long-term solution to our social care needs,” a government spokesperson stated. In the year ending in September 2023, an expected 120,000 dependents accompanied 100,000 care workers. Reforms are currently in action to limit care workers’ ability to bring dependents with them because these numbers are unsustainable.
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