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Work permits - Bulgarian and Romanian nationals only

Transitional measures for senior care workers

This page explains the transitional measures for considering senior care worker applications for existing work permit holders who are already in the United Kingdom.

On 13 August 2007, we published updated senior care worker guidance following new information which showed that senior care worker positions that met the existing work permit skills criteria are extremely rare. In particular, very few employers require three or more years experience working at NVQ level 3 or above, when recruiting from the resident workforce.

We have introduced the following transitional measures to help ensure continuity of care whilst the sector adapts its recruitment practices to more effectively target the resident workforce at all skill levels:

1. The work permit skills criteria, in relation to the requirements of the job, are waived for existing senior care worker work permit holders, who are in the United Kingdom, wishing to extend their current employment or move to a senior care worker post for another employer. The employer must pay the updated minimum rate of £7.02 per hour. Fresh advertising is not required in these circumstances.

2. For those senior care workers who have had work permits approved prior to 31 December 2003, and who are in the United Kingdom, an exceptional extension may be granted for a maximum of 12 months. As well as the skills criteria, in relation to the requirements of the job, the requirement to pay the minimum salary rate is also waived for extension applications, as is the requirement to carry out the job as described on the previous work permit approval, provided the work permit holder continues to fulfil a care role for the same United Kingdom-based employer as their existing work permit. The salary must be at least equal to that on their previous work permit approval and must also be at least equal to the national minimum wage.

In line with paragraph 113 of the Business and Commercial Guidance for employers, extension applications should be made no more than three months before the person's permission to stay in the country runs out. If approved, the work permit holder should apply for further leave to remain as soon as possible. Applicants whose work permits have already expired should apply for extensions as soon as possible. Our staff can use their discretion to consider applications made outside the time limit and will do this when an application has been submitted within six months of the person's previous leave running out.

These transitional measures will continue until the introduction of tier 2 of the points-based system. Employers are reminded of their responsibility to ensure all employees are suitable and legally able to work for them. This includes checking the immigration status of potential employees and completing all Criminal Records Bureau checks.

Frequently Asked Questions

  • How can I get an extension after tier 2 of the points-based system is introduced?

    If you hold a work permit as a senior care worker and you have existing leave granted under the current work permit arrangements, you will be able to extend your leave under Tier 2 - sponsored skilled workers.

    Your employer will need to apply for a sponsorship licence so that they can sponsor your application.

    You will not need to meet all the conditions of the sponsored skilled workers tier:

    The job will not need to be at N/SVQ level 3 or above

    You will not need to score points for your qualifications, earnings or English language ability

    The section on transitional arrangements contains all the information you need to make your application.

  • Do I need to be paid £8.80 per hour?

    If you are applying under the transitional arrangements you will need to be paid at least £7.02 per hour.  This is the rate we have used under the work permit arrangements.  If your current work permit was approved before August 2007, you may currently be paid less than this.  However, you will need to be paid at least £7.02 per hour when you apply for an extension.

    If the transitional arrangements do not apply to you, you will need to be paid the minimum salary for new applications. The Migration Advisory Committee has recommended a rate of £8.80 per hour.

    The job will not need to be at N/SVQ level 3 or above

    You will not need to score points for your qualifications, earnings or English language ability

    The section on transitional arrangements contains all the information you need to make your application.

  • Can I change employer?

    If you hold a work permit as a senior care worker, and are applying to work for another employer as a senior care worker, you can apply under the transitional arrangements.  You will need a valid certificate of sponsorship from your new employer.

    If you do not hold a work permit as a senior care worker, or if you are applying to work in a different type of job other than a senior care worker, you will need to meet the full eligibility criteria for Tier 2 - sponsored skilled workers.

  • What can I do if my employer is not a licensed sponsor?

    You can continue to work for your current employer until your work permit expires.  If you wish to extend your stay after this, you will need to change to an employer who is a licensed sponsor.

    Alternatively, if you will have been working in the United Kingdom for five years by the time your work permit expires, you may apply for settlement.

  • I am an employer and I want to employ a senior care worker. Do these transitional arrangements apply to me?

    The transitional arrangements apply to those who are already in the United Kingdom with a work permit as a senior care worker before the launch of Tier 2 - sponsored skilled workers.

    If you currently have a work permit to employ someone as a senior care worker, they can apply for an extension under the transitional arrangements. You do not need to apply for an extension until their work permit is about to expire. We recommend that you apply for an extension between one and three months before the work permit expires.

    If you want to employ someone who currently has a work permit as a senior care worker for another employer, you can also apply for them under the transitional arrangements.

    If you want to employ someone who does not currently have a work permit as a senior care worker, you cannot apply for them under the transitional arrangements. They must meet the full eligibility criteria for Tier 2 - sponsored skilled workers.

    In all cases, you will need to be licensed to issue certificates of sponsorship for Tier 2 - sponsored skilled workers, before the person can make their application. The section on sponsorship under the points-based system contains all the information you need to make your licence application.

  • Why did the UK Border Agency change the guidance for senior care worker applications?

    The work permit criteria did not change. We updated our guidance in light of new information regarding the skills and experience required for senior care worker positions, and regarding the salaries on offer.

    This information showed that the majority of senior care worker positions had lower entry requirements than the existing work permit skills criteria, and paid higher salaries than work permit holders were receiving.

    The UK Border Agency has a legal obligation to ensure that the work permit criteria are applied correctly, and to take action where new information shows that work permits have been considered incorrectly.

  • Why are we using £7.02 per hour as the going rate?

    Skills for care's national minimum data set for social care (NMDS-SC) shows that 20% of senior care workers, across England, are paid this rate or higher. No single organisation sets the going rate - This is determined by the levels of pay that employers across the sector are offering.

    The NMDS-SC is the most comprehensive source of this data that we have identified, representing over a third of all CSCI registered establishments nationally.

    Under the transitional measures, we are waiving the minimum entry requirements of the job and using the skilled salary alone as a measure of skilled employment which qualifies for the approval of a work permit extension or change of employment. This criterion does not apply to exceptional 12-month extensions for those senior care workers who have had work permits approved prior to 31 December 2003.