Changes to the Recruitment of Overseas Social Care Workers 2022
The immigration rules have changed for the health and care worker visa. The immigration rule changes are temporary. Although the health and care worker visa forms part of the skilled worker visa route, the immigration rule changes only apply to the health and care worker visa. Also, the changes made to the list of jobs eligible for the health and care worker visa, and added to the shortage occupation list, will only be valid for twelve months, so until February 2023.
UK Online and London Immigration Solicitors
For advice on health and care worker visas call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Does a UK employer still need a sponsor licence to hire an overseas health and care worker?
Although the government has made it easier for UK employers to hire overseas health care workers, there is still a requirement for the employer to hold a Home Office issued sponsor licence.
If your business is in the health care sector and does not already have a sponsor licence then a first application for a sponsor licence can be made quickly so your business can take advantage of the change in immigration rules to recruit health care staff from overseas.
Does a UK employer need a sponsor licence to hire EU health care workers?
Although the government has made some concessions to make recruiting health care staff a bit easier, immigration solicitors say the bottom line is that the key immigration rules are the same for overseas workers, whatever their nationality. Therefore, UK employers do need a sponsor licence to recruit either EU workers or non-EEA workers, unless the EU national has either settled status or pre-settled status under the EU Settlement Scheme.
What health care jobs have been added to the list of eligible jobs for the health and care worker visa?
Various health care jobs have been added to the government produced list of jobs with a standard occupation code (SOC). The job description and allocation of a SOC means overseas workers may meet the eligibility criteria for a health and care worker visa or skilled worker visa. The recently added health and care worker visa jobs include:
- Care assistants
- Carers
- Care workers
- Home care assistants
- Home carers
- Nursing Home support workers.
These jobs fall within shortage occupation list code 6145.
In addition to the new health care jobs, the shortage occupation list also includes the following health care jobs:
- 1181 Health services and public health managers and directors
- 1242 Residential, day and domiciliary care managers
- 2112 Biological scientists and biochemists
- 2113 Physical scientists
- 2211 Medical practitioners
- 2212 Psychologists
- 2213 Pharmacists
- 2214 Ophthalmic opticians
- 2215 Dental practitioners
- 2217 Medical radiographers
- 2218 Podiatrists
- 2219 Health professionals not elsewhere classified
- 2221 Physiotherapists
- 2222 Occupational therapists
- 2223 Speech and language therapists
- 2229 Therapy professionals not elsewhere classified
- 2231 Nurses
- 2232 Midwives
- 2442 Social workers
- 3111 Laboratory technicians
- 3213 Paramedics
- 3216 Dispensing opticians
- 3217 Pharmaceutical technicians
- 3218 Medical and dental technicians
- 3219 Health associate professionals not elsewhere classified
- 6141 Nursing auxiliaries and assistants
- 6143 Dental nurses
- 6146 Senior care workers.
For any of these roles, the health care worker must have an offer of employment from a UK employer with a sponsor licence to sponsor skilled worker visa applicants. The job must pay the minimum salary threshold for a job on the shortage occupation list.
The minimum salary threshold is £20,480 gross per year or 80% of the ‘going rate’ for the health care role, whichever is the higher salary. The going rate for the job is set by the government and is a national rate, rather than a geographically based going rate.
The benefits of the health and care worker visa for UK employers
The benefits of the health and care worker visa include:
- Fast track visa applications.
- No requirement for the visa applicant to pay the immigration health surcharge so it makes the visa route more attractive.
- Reduced immigration application fees.
- The health and care worker visa can lead to UK settlement with an application for indefinite leave to remain once the visa holder meets the residence requirement. The goal of UK settlement can lead to staff loyalty as visa holders want to stay in the UK and don’t want the hassle of swopping to a new sponsoring employer.
What are the eligibility criteria for the health and care worker visa?
To secure a health and care worker visa any applicant ( whatever their SOC and job title) will need to meet the following eligibility criteria:
- Be in receipt of a certificate of sponsorship from a sponsoring employer – that means an accepted job offer is required from a UK employer who holds a sponsor licence to sponsor skilled worker visa applicants. The certificate of sponsorship must be dated within three months of the health and care worker visa application as otherwise it lapses.
- Be offered a qualifying job that pays the minimum salary threshold of £20,480 gross per year or eighty percent of the ‘going rate’ for their job code, whichever is the higher. The percentage drops to seventy percent if the job applicant is under twenty-six years of age when they apply for their health and care worker visa.
- Be able to meet the maintenance requirement. In essence, this means being able to show funds of £1,270, available in the applicant’s bank account for at least twenty-eight days. The immigration rules say day twenty-eight must be within thirty-one days of the health and care worker visa application date. If it isn’t possible to meet the maintenance requirement in this way then a sponsoring employer can say on the certificate of sponsorship that they will cover the maintenance requirement, if required. Sponsorship Licence lawyers say this offer to cover the maintenance requirement needs to be included on the certificate of sponsorship. Only an A rated sponsor licence holder can offer to cover the maintenance requirement for a visa applicant.
- Meet the English language requirement through either qualification, nationality (if the applicant is a national of a majority English-speaking country that is on a UK list of eligible countries) or through sitting an approved English language test.
- Be in receipt of a criminal record certificate - the certificate is needed because of the nature of the work with vulnerable individuals. A criminal record certificate is required from any country where the applicant has lived for twelve months or more within the last ten years.
- Valid TB test certificate - this is only needed if the applicant is applying from a country where a valid TB test certificate is a mandatory requirement for a visa.
UK Online and London Immigration Solicitors
For advice on sponsoring health and care workers, or applying for a health and care worker visa, call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.