From 15 February 2022, care workers and home carers have been included on the Skilled Worker Shortage Occupation List (SOL) with the aim of helping to fill staff shortages in the UK’s social care sector. As a result, we are seeing an increasing amount of care homes wishing to take advantage of this change. We are also seeing a greater number of queries from sponsors who wish to promote care workers into more senior roles. Here, we consider the potential implications.
Sponsor licences for care homes
Care homes must apply for and obtain a sponsor licence before they can recruit relevant non-UK workers.
A number of key roles in care homes can be sponsored under the Health and Care Worker visa route. This route falls under the Skilled Worker category and therefore care homes that wish to recruit non-UK care workers will need to have a Skilled Worker sponsor licence.
If an organisation holds a sponsor licence for Temporary Worker routes only, they may apply to add the Skilled Worker route to their licence.
There are a number of benefits to employing individuals under a Health and Care Worker visa, including:
- fast tracked visa processing;
- lower visa fees;
- exemption from the Immigration Health Surcharge.
As with all sponsors, there are a number of duties that care homes will need to comply with as part of the requirements of the sponsor licence. This includes ensuring that roles requiring sponsored workers meet the genuine vacancy requirement.
Once an organisation has been granted a sponsor licence under which they can employ Skilled Workers, they can go on to issue a Certificate of Sponsorship (CoS) under the relevant occupation code which we explore in further detail below.
The changes implemented in February 2022 are temporary and have been introduced for an initial 12-month period. Therefore, if a care home is seeking to employ overseas care workers and home carers, we recommend acting quickly to take advantage of this route.
Care homes – relevant occupation codes
Occupation code 6145 is the main occupation code that care homes wishing to sponsor carers need to use. This includes the following titles: care assistant, care worker, carer, home care assistant, home carer and support worker (nursing home).
The Office for National Statistics (ONS) provides the following job description for this occupation code:
‘Care workers and home carers attend to the personal needs and comforts of the elderly and the infirm with care and support needs within residential care establishments, day care establishments or in their own homes’.
Duties as per the ONS description include:
- assisting and enabling service users to dress, undress, wash, use the toilet and bathe;
- serving meals to service users at table or in bed, and assisting with feeding if required;
- generally assisting with service users overall comfort and wellbeing;
- providing interest and activities to stimulate and engage the service user;
- helping with daily activities such as letter writing, paying bills, collecting benefits;
- undertaking light cleaning and domestic duties including meal preparation as required;
- monitoring service users conditions by taking temperature, pulse, respiration and weight, and contributing to record keeping;
- liaising with professional staff in carrying out care plans etc.
Occupation 6146 can also be used and includes the following job titles: senior care assistant, senior carer, senior support worker (local government: welfare services) and team leader (nursing home).
The Office for National Statistics provides the following job description for this occupation code:
‘Senior care workers routinely oversee and monitor care workers, care assistants and home carers. They also attend to the personal needs and comforts of the elderly and the infirm with care and support needs within residential care establishments, day care establishments or in their own homes’.
Duties as per the ONS description include:
- Routinely overseeing and monitoring care workers and home carers;
- taking responsibility for the shift and for the service while on duty;
- responding to emergencies and providing guidance and support to care workers;
- assisting and enabling service users to dress, undress, wash, use the toilet and bathe;
- serving meals to service users at table or in bed, assisting with feeding if required.
Both occupation codes are on the Shortage Occupation List and are eligible for the Health and Care Worker visa.
Potential issues and benefits
As with any business, it is natural for an individual to progress and work their way up to a more senior role. Now that more junior carers can be sponsored on the Skilled Worker route, there is more opportunity for care homes to develop carers into more senior roles.
Normally, it is fairly straightforward to promote a Skilled Worker if they will still be in the same occupation code – all that is required is a report on the Sponsorship Management System (SMS). However, if the worker is changing into another occupation code, a new application would need to be made.
Occupation codes usually cater for various levels, making it easier for sponsors to promote a Skilled Worker. However, this is not the case for the care worker codes, which are split into senior and less senior roles. This means that should a sponsor want to promote a care worker into a more senior position, they will need assign a new CoS to the worker, who will also need to make a new immigration application.
Sponsors will therefore need to consider the cost implications of promoting a Skilled Worker into a different occupation code given the Home Office fees that will arise. The sponsor would also need to consider the minimum salary requirements for a senior care worker. It is also important to note that the worker would not be able to start in the senior role until approved by the Home Office.
If a sponsor does recruit someone as a care worker with the intention that they may be promoted in future, they may want to consider the length of the initial CoS in order to minimise costs, if this is their goal. This can allow a promotion to occur at the time the Skilled Worker visa needs to be extended, therefore not incurring any further costs.
Whilst there are drawbacks relating to promotions, care workers and senior care workers do benefit from being able to apply for the Health and Care Worker visa, as they will not have to pay the Immigration Health Surcharge and will pay lower visa fees.
With the above in mind, sponsors may want to consider the length of the initial CoS, as well as the timing of any promotion.
Sponsors must also bear in mind that a care worker may be promoted, and the role may still fall within the remit of the ‘6145’ occupation code. It is therefore important to seek legal advice, as it could lead to unwanted issues if an incorrect occupation code is selected.
How our Immigration solicitors can help
Our immigration team are specialists in assisting organisations with sponsor licences and subsequent work visa applications. If you are a care home considering applying for a sponsor licence, or wish to receive advice on the best options for your organisation, we provide advice on a no-obligation basis. Please contact us or complete our enquiry form below.
Please note: we cannot help individuals to find or apply for jobs and will be unable to respond to such requests.
