Commons Sense

House of Commons · Westminster Hall

Indefinite Leave to Remain: Healthcare Workers

18 November 2024 · 7 other contributors · 9,187 words

Opened by Tony Vaughan Lab Folkestone and Hythe

Responding minister: Seema Malhotra

ImmigrationCare & Healthcare Workers

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Tony Vaughan raised concerns about indefinite leave to remain: healthcare workers in Westminster Hall. A government minister responded.

Key points

  • Thomas Thulani Mthetho, a qualified nurse from South Africa, faced pressure including unpaid overtime and threats of deportation while working in the UK on a health and care worker visa.
  • Up to 32% of care workers are migrants who face poor conditions, low pay, and breaches of employment rights, according to the Work Rights Centre.
  • The lead MP asks the Government to review the qualifying period for indefinite leave to remain from five years to two years to reduce employer exploitation.

Key requests to Government

The lead MP asks the Government to review the qualifying period for indefinite leave to remain from five years to two years to reduce employer exploitation. He also seeks confirmation that a new agency will enforce labour standards including modern slavery in immigration-controlled sectors. Lastly, he questions whether there can be more clarity and flexibility on bridging arrangements when healthcare workers face exploitation.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Tony Vaughan Lab Folkestone and Hythe

Thomas Thulani Mthetho, a qualified nurse from South Africa working in the UK on a health and care worker visa, faced extreme pressure including unpaid overtime and threats of deportation. He encountered difficulties leaving his employer due to financial penalties and reported abuse by employers exploiting healthcare workers with impunity. The Work Rights Centre found that up to 32% of care workers are migrants facing poor conditions, low pay, and breaches of employment rights.

Other contributors (7)
  • Alicia Kearns Con Rutland and Stamford

    Emphasised the importance of a home-grown NHS workforce but highlighted that achieving this goal relies on implementing education and training expansions. Noted over 61,000 people had taken up the health and social care visa within its first three years. Raised concerns about fraudulent social care companies abusing the visa route and underlined the need for robust protections against misuse while ensuring fairness from UK residents.

  • Jamie Stone Lib Dem Caithness, Sutherland and Easter Ross

    Praised the hon. Member for Folkestone and Hythe for his speech introducing the debate. Acknowledged the importance of the Petitions Committee's work in engaging with the public and promoting democracy.

  • Lisa Smart Lib Dem Hazel Grove

    Ms. Smart highlighted the immense contribution of healthcare workers and their sacrifices, urging the Government to reverse the decision banning dependants for health and care worker visas and exempting NHS staff from the £1,000 a year immigration skills charge. She also called for a single enforcement body to tackle modern slavery and worker exploitation in social care.

  • Sarah Russell Lab Congleton

    Ms Russell highlighted the exploitation of care workers in her constituency, noting a 25% increase in over-65s since 2011. She detailed how solicitor work revealed severe abuse cases among foreign care workers who feared losing their visa status and being falsely accused by employers to avoid legal consequences. The Gangmasters and Labour Abuse Authority reported that 61% of all reports in Q1 2024 concerned labour abuse in the care sector, with common signs including scavenging for food, working excessively long hours, fear of authorities, and showing signs of movement control or injuries.

  • Satvir Kaur Lab Southampton Test

    Ms Kaur highlighted the significant contribution of healthcare workers from overseas to Southampton's NHS, noting that more than 500 signatures came from her constituency for a petition supporting these workers. She expressed concern over the high rate of health workers considering leaving due to struggles and lack of support, as well as incidents of hate crimes against them. Ms Kaur called for reforms to retain and value overseas healthcare workers, emphasising their critical role in the NHS.

  • Sojan Joseph Lab Ashford

    Supported the e-petition to reduce from five years to two the time a foreign healthcare worker has to wait before qualifying for indefinite leave to remain. Cited NHS workforce data showing that more nurses left than joined in recent years, with 7,957 workers leaving the UK by June 2024. Highlighted the financial burden of recruiting and training overseas staff, noting costs ranging from £50,000 to £70,000 for a nurse and around £250,000 for a doctor.

  • Tom Hayes Lab Bournemouth East

    Mr Hayes highlighted the urgent need to address NHS workforce shortages, proposing a reduction in eligibility for indefinite leave to remain from five years to two. He cited specific numbers of migrant workers in his constituency's Royal Bournemouth hospital and emphasised the importance of increasing local recruitment through education and apprenticeships. Mr Hayes also questioned whether existing policies would prevent migrant carers from leaving or even coming to the UK, suggesting that more needs to be done beyond just changing eligibility requirements.

Government Response

Seema Malhotra

It is a pleasure to serve under your chairmanship, Sir Edward. I thank and congratulate my hon. Friend the Member for Folkestone and Hythe, for securing this important and informative debate. The Government recognise the vital contribution that health and care professionals from overseas make to our NHS and social care services. In 2020, the previous Government introduced the health and care worker visa, which provides significantly reduced visa fees, a dedicated Home Office team for processing applications within three weeks of enrolling biometrics, and exemption from paying the immigration health surcharge. The system must be fair to all users, and while some argue for granting settlement after two years, the Government consider that five years is the right length of time for people to demonstrate a reasonable contribution to their sector and commitment to the UK. Since July 2022, the Home Office has revoked 452 sponsor licences in the care sector due to underpayment of salary and failing to provide workers with enough hours to maintain salary levels. For individuals whose employer's licence has been revoked, alternative employment is provided through a joint venture between the Department of Health and Social Care and regional hubs in England. Workers on the health and care worker visa are free to seek alternative employment at any time without their employer's permission. The Government have no plans to extend the period allowed to workers who have lost their jobs, as that could leave them unable to work and support themselves for longer, increasing the risk of destitution or becoming trapped in illegal working situations. The Employment Rights Bill introduced on 10 October 2024 aims to improve rights and protections for all workers. While there is still much more to do, the Government will continue to monitor care worker access to the immigration system and act to stop exploitation in the care sector.

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