Upon her arrival in the UK in 2023, Lydia Kabute entered a sector facing imminent collapse.
The shortage of care workers in the country led the Tory government to seek overseas recruitment to fill the void. Over the following three years, Lydia endured grueling workweeks exceeding 100 hours, experienced payment delays from unscrupulous visa sponsors, and witnessed the mistreatment suffered by migrant workers.
Stuck in her job due to the requirement of securing a new sponsor to switch positions, Lydia resorted to sleeping in her car between shifts, resulting in a painful back condition. Despite having to travel long distances, employers refused to reimburse her for mileage. Moreover, Lydia and her colleagues lived under the constant threat of losing sponsorship – and consequently, their right to remain in the UK – as a repercussion for speaking out.
Despite the challenges she has faced since relocating from Kenya, Lydia takes pride in the quality of care she delivers to her clients.
However, the recent announcement by the Government to extend the waiting period for her eligibility to settle in the UK from five to 15 years has left the 41-year-old, now residing in Dorset, in dismay.
This extension means more years of uncertainty for Lydia and thousands in a similar situation, delaying their ability to change jobs and plan their lives freely in the UK. The proposed adjustments to indefinite leave to remain (ILR) rules by Home Secretary Shabana Mahmood, including retroactive application, have incited widespread criticism.
Expressing her concern to The Mirror, Lydia questioned the rationale behind extending the qualifying period from five to 15 years and emphasized the impact of the COVID crisis on the care sector. She highlighted the initial invitation by the UK government for assistance and the subsequent shift in expectations.
Trade union Unison condemned the rule alteration as ethically unjust, warning of its potential to exacerbate the crisis in social care, where migrant workers constitute nearly 30% of the workforce.
When asked about her message to the Home Secretary, Lydia urged a perspective shift to acknowledge the vital role migrant workers play, emphasizing their contributions, tax compliance, and integration into society.
Addressing the treatment of migrant workers by sponsors, Lydia recounted instances of sexual harassment, bullying, and wage non-payment she had observed during her three-year tenure in the UK. She shared a distressing account of a pregnant woman coerced to choose between abortion or deportation to Kenya, opting for the latter.
Highlighting the pervasive fear among workers to speak up against injustices, Lydia emphasized the need for sponsors to be scrutinized. Her plea to reunite with her children in the UK was denied, a situation she condemned as inhumane.
Unison’s General Secretary, Andrea Egan, echoed Lydia’s sentiments, criticizing the proposed extension to 15 years for ILR as cruel and unlikely to alleviate the staffing crisis in the care sector. Egan emphasized the inadequacy of the current sponsorship system, trapping care staff in exploitative situations.
The UK government discontinued health and social care visas in July, citing potential abuse. By 2023, over 145,000 such visas were issued, necessitating a new visa application if workers change jobs.
A fellow care worker, Michael, 57, from Nigeria and residing in Wolverhampton since 2023, decried the extended waiting period for ILR as unjust. He highlighted the adverse impact on staff and their families, disrupting their plans and creating financial uncertainty.
More than 100 Labour MPs have opposed the ILR changes, with former Deputy PM Angela Rayner labeling the proposal as un-British.
Ms. Mahmood defended the need for migrants to earn settlement rights under her proposals, which prioritize fast-tracking high earners and NHS workers while lengthening the wait for lower-paid individuals.
She suggested that community volunteering could reduce the waiting duration. The government’s stance is that without retroactive changes to ILR, 1.6 million individuals would automatically qualify for settlement by 2030.
Ms. Mahmood reiterated that settlement should be viewed as a privilege earned, not a given right, advocating for an extended qualifying period and proposing measures to reduce it.
A Home Office spokesperson emphasized the need to earn the privilege of permanent residency in the UK, highlighting the significant migration influx between 2021 and 2024 and the necessity for a thorough review of settlement policies.
The government intends to double the route to settlement from five to ten years, with ongoing consultations to potentially apply this adjustment to current residents without settled status. The outcome of the review will be disclosed in due course.
