Law & Border
UK Immigration Changes: 15 Years of Waiting for Our Care Worker Frontliners
Mga Kababayan, we know the sakripisyo (sacrifice) you make every day as frontliners in the UK care sector. You left your families to serve the British public, often on a promise of stability after five years.
The new "Earned Settlement" plan (Command Paper CP 1448) from the Home Office is a direct threat to that stability and is set to fundamentally change your path to Indefinite Leave to Remain (ILR).
If you do not currently have ILR, these rules are expected to apply to you starting in April 2026.
1. The 15-Year Penalty: Why You Are the Hardest Hit
The new system is based on your job's skill level, which puts many of our community members—the essential Care Workers—at the longest possible wait time.
* 15 Years to Settle: The government is proposing a 15-year qualifying period for migrants working in jobs considered below RQF Level 6 (non-degree level roles). This category explicitly targets the large group of workers who arrived on the Health and Care visa since 2022.
* The Old Promise is Gone: The 5-year route to settlement is effectively being tripled for many of our most valuable workers. The Home Office states this is because this group is "likely to present significant fiscal costs to the UK."
* What You Must Do: Prepare for a long-term future in the UK with no stability, or immediately look for RQF Level 6-compliant roles (e.g., Registered Nurse, Specialist Teacher) to qualify for a 5-year route instead.
2. Panganib sa Pamilya: The Threat to Dependants and Benefits
The proposals strike at the heart of the Filipino family structure in the UK:
A. Dependants Decoupled
Under the old rule, your spouse and children (dependants) settled automatically when you did. This will change:
* The qualifying period for an adult dependant will now be determined separately based on their own attributes (e.g., language skills, contributions).
* Crucial Impact: This means your spouse may not settle when you do, creating a deeply uncertain future for your family's residency status.
B. ILR May No Longer Mean Access to Benefits (NRPF)
The government is consulting on making ILR status subject to a No Recourse to Public Funds (NRPF) condition.
* The New Reality: If this passes, achieving ILR will not give you the right to claim specified benefits or housing assistance.
* Full Rights Only with Citizenship: Access to benefits may be reserved only for those who achieve British Citizenship, creating a permanently conditional residency for ILR holders.
3. Mandatory Requirements: Ihanda ang Sarili (Prepare Yourselves)
To even apply for settlement at any time, everyone must meet new standards:
* Higher English Level: You must now pass a Life in the UK test and demonstrate English to a B2 Level (A-Level standard), up from the previous B1 standard.
* Economic Contribution: You must have a record of sustained National Insurance Contributions (NICs) through annual earnings above £12,570 for several years.
* Zero Debt: You must have no outstanding government debt, including unpaid NHS charges or tax debts.
Call to Action: Your Voice Matters!
The Home Office is seeking views, and our community's experience—especially the unfair 15-year route for care workers—needs to be central to the response.
1. The Deadline is February 12, 2026
You have until 11:59 pm on February 12, 2026, to respond to the official consultation (CP 1448). This is our chance to push for fair transitional arrangements.
2. Connect with Advocacy Groups
Major unions and legal organizations are coordinating responses that represent the severe impact on migrant workers. You are not alone. These groups often provide free or discounted legal advice to members:
* UNISON: As a major public service union, UNISON is actively fighting for migrant care worker rights. They often partner with organizations like the Joint Council for the Welfare of Immigrants (JCWI) to provide expert immigration advice to members.
* Free Movement: This is a leading legal information site that is closely tracking and publishing detailed analysis of the consultation.
* Home Affairs Committee Inquiry: The UK Parliament's Home Affairs Committee has also launched a separate inquiry into the settlement proposals, offering another avenue for your experiences to be heard.
We urge you to join a union and contact these organizations immediately to contribute your story to their consultation response. https://www.gov.uk/govern.../consultations/earned-settlement
(For comments and suggestions, e-mail TFCN at [email protected].)
Crystal Dias is a UK-qualified solicitor with a distinguished career in law. Since qualifying in 2003, she has owned Dias Solicitors in London and co-founded Lawyery. Her expertise and dedication have helped thousands of clients navigate complex legal landscapes, and she is highly regarded within the Filipino community for her advocacy on women’s and migrants’ rights.
