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BE A CARE WORKER IN THE UK

Care Workers Added To The UK Shortage Occupation List

On 24 January 2022, a statement of changes to the immigration rules was published, confirming that Care Workers will be added to the UK’s “Shortage Occupation” list. Care Workers will therefore become eligible to apply for Skilled Worker visas, under the new Points Based Immigration System. They will remain eligible for this route, initially for a 12-month period only.
This directive is currently being implemented.

The backdrop to the changes

Brexit and the departure from the EU (end of free movement) will have played a big part in the difficulties the social care industry faces recruiting staff from overseas. EU nationals now need visas to come and work in the UK.

On 24 December 2021, the UK Government finally responded to the care industry’s repeat calls for support to help them fill labor shortages for Care Workers in the UK.
The Government’s announcement bore the extravagant headline: “Biggest visa boost for social care as Health and Care Visa scheme expanded”.
The announcement made clear that the motivation for making this change is to help combat the great pressures on the care industry, highlighted by the Coronavirus pandemic.

What do the changes mean?

By adding Care Workers to the UK’s Shortage Occupation list, people who have a job offer from a UK licensed sponsor can be sponsored to work in the UK under the Skilled Worker route.

The Shortage Occupation List is a list of roles for which there is a significant skills shortage in the UK. The Migrant Advisory Committee (MAC) recommends roles to be added to the list, but the government decides which roles can be classified as “shortage occupation list” roles.

All roles have a unique 4-digit classification as published by the Office of National Statistics. Care Workers fall under Standard Occupational Code (SOC) 6145.
This code is considered to be below RQF level 3.

In adding Care Workers to the shortage occupation list, the Home Office have not re-classified the skill level of the role – the role is still below RQF level 3. However, as a shortage occupation list role, the job qualifies for sponsorship despite being below RQF level 3.

You might be aware that Senior Carers (SOC 6146) could be sponsored under the Skilled Worker route, as the role is classified as being RQF level 3. However, Senior Carers typically carry out supervisory duties and will be extensively experienced.
While senior care staff could always be recruited under the Skilled Worker regime, junior roles could not be filled under the system.

Health and Care Visa – reduced cost

The government has confirmed that Care Workers will qualify to apply under the Health and Care route. The subcategory of the Skilled Worker visa, called the Health and Care Visa allows eligible applicants to apply with an exemption from paying the Immigration Health Surcharge, and they also benefit from lower visa application fees.

When can I apply?

Applications will be accepted from 15 February 2022.

Care Workers will be eligible to apply for a skilled worker visa for a 12-month period. This does not mean their visa will be granted for 1 year, just that a Care Worker may not be eligible to make an initial application next year if the rules are changed.

The rules will be reviewed and the government will decide whether or not to keep Care Workers on the Shortage Occupation List beyond February 2023. Given the temporary nature of the change, this can be considered a “pilot” scheme, to test the feasibility of including Care Workers in the list of eligible roles for sponsorship.

Who falls under the Definition of “Care Worker”

The following roles fall under the classification of Care Worker. This list is not exhaustive, but gives a good indication of which jobs qualify:-
• Care assistant
• Care worker
• Carer
• Home care assistant
• Home carer
• Support worker (nursing home)
Note that this route does not allow private individuals to sponsor domestic Care Workers.

What will be the pay requirements?

• The gross annual salary must be at least £20,480 per annum; and
• The hourly pay rate must be at least £10.10 per hour.
In establishing whether the general threshold is met, only the first 48 hours will be taken into consideration.
For example, someone with a job offer of £22,000 for 40 hours per week will be considered to have a salary of £22,000 and would meet the requirements.
In contrast, someone with a job offer of £22,000 for 60 hours per week will be considered to have a salary of £17,600 and therefore would not meet the requirements.

How long can the Care Worker stay?

The visa can be issued for any period up to 5 years at a time. Skilled Worker visas can be extended without any limit.

Can the Care Worker apply for settlement?

The Skilled Worker visa is a route to settlement, so, provided they meet the requirements, the candidate should be able to apply for Indefinite Leave to Remain (ILR) after 5 years of continuous residence under the Skilled Worker route.

Can the Care Worker bring their dependants

Skilled Workers can sponsor dependants, which include spouses, unmarried partners and children aged under 18 years old. Dependants can also benefit from the fee discounts available to the main applicant under the Health and Care route.

How can a I apply as a Care Worker?

You can make an application from outside the UK (known as entry clearance) or from inside the UK to “switch” or “extend” your visa from most visa routes.
You cannot apply to “switch” if you are in the UK as a visitor.
If you are already being sponsored by a company, you can make a Skilled Worker application and apply to change employment/employer to work as a Care Worker from inside the UK.

What if my employer does not have a sponsor licence?

In order to qualify for a sponsor licence, the business must be a genuine trading business in the UK. Applications take 8 weeks to be decided (there is a very limited availability priority service).
Once your employer has obtained their sponsor licence, they can assign a “Certificate of Sponsorship” which will enable you to make a visa application online. You will then need to enrol biometric data (usually at an appointment) and upload scanned copies of your supporting documents.

What are the visa processing times?

Visa applications under the Health and Care route should take 3 weeks to be processed from inside or outside the UK, however this service standard is not guaranteed. Priority services may also be available, where you can pay extra to get a decision within 5 working days or 24 hours of your visa appointment.

What are the documents needed?

• Current passport
• TB test (some overseas applicants, depending on the country of application)
• Criminal record certificate for any country (excluding the UK) you have lived in for 12 months or more as an adult, in the 10 years preceding your application date (overseas applicants)
• Evidence of English at B1 level (CEFR)
• Certificate of Sponsorship (virtual document issued by your sponsor)
• Evidence of finances

Your sponsor can “certify maintenance” on your certificate of sponsorship; otherwise you may need to submit bank statements showing you have the correct level of funds in your account. If you have lived in the UK for a continuous 12 month period prior to your visa application, you do not need to provide bank statements.

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