Legal challenges UK policy that denies visas to dependent of carers: UK Dependent Visa Updates
UK Dependent Visa Updates: Migrant advocacy group claims new regulations are discriminatory in their actions: The government’s new policy prohibiting care workers from bringing their partners and children into the UK is being challenged in court by an organisation that assists migrant workers, claiming that it is “tearing families apart.”
Care workers in the UK are no longer able to do both; they must choose between working as a health or social caretaker and spending time with their families and partners, according to Migrants at Work.
The contentious policy was proposed at a time when there are nearly 10% of open positions in the adult social care industry, and it went into effect last month.
According to James Cleverly, the home secretary, the amendments were implemented to tighten regulations regarding high levels of non-compliance as well as abuse and exploitation in the care industry.
In the next eleven years, the UK would require 236,000 full-time carers, according to a report from the Migration Advisory Committee.
There were 152,000 openings in the care industry last month, according to a study given to the Commons Public Accounts Committee. This represents a 9.9% vacancy rate. According to the report, “social care workforce shortages are of profound concern” at the time the reforms were implemented.
The lawsuit contends that the policy violates the public sector equality responsibility and is discriminatory on a number of grounds, including colour and sex. It alleges that the requirements of carers have not been considered by the home secretary.
“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 chief executive of Migrants at Work.
Additionally, carers who wish to immigrate to the UK now have a difficult decision to make: they can either accept a position that will help with social care delivery during a crisis in the country or they can stay with their spouses.
They won’t be able to do both under the new regulations. In several instances, potential carers have been informed that they must depart the UK due to the new regulations, citing their children’s inability to remain in the country as dependents as justification. 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 has the option to reject the new regulations and save the cost of going to court, according to Jeremy Bloom, a Duncan Lewis attorney who is representing Migrants at Work.
He went on, “We haven’t seen any evidence that the Home Office has properly considered the impact that this will have on vulnerable individuals who need access to social care, on people coming to the UK on health and social care visas, or on the wider social care system.”
He charged that the home secretary had disregarded the effect that this would have on the scarcity 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 it is evident that a comprehensive impact assessment was not conducted before the policy was introduced.”
“Care workers make a vital contribution to society, but immigration is not the long-term answer to our social care needs,” a government spokesperson stated. In the fiscal year that ends in September 2023, an expected 120,000 dependents accompanied 100,000 care professionals. Since these figures are unsustainable, restrictions on care workers’ ability to bring dependents with them have been put in place.
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