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Work permits

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 at least until the introduction of tier 2 of the points-based system later in 2008. 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

  • What will happen to senior care workers under the points-based system?

    We will be introducing Tier 2 of the points-based system later this year for skilled workers with a job offer in the UK.  This will effectively replace the current work permit arrangements.

    We recognise the impact that the launch of Tier 2 could have on all existing work permit holders, including senior care workers.  Therefore, we will put in place transitional arrangements to minimise this impact.  These arrangements will enable work permit holders to extend their leave under Tier 2.

    These transitional arrangements are set out in more detail in the Tier 2 Statement of Intent.

    There are currently concessions in place for senior care workers that are not available to other work permit holders.  Therefore the transitional arrangements we put in place for senior care workers may vary from those offered to other work permit holders.  No final decision has yet been made on how these arrangements will operate.  We are exploring possible transitional arrangements for senior care workers and will make an announcement as soon as possible.

  • 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?

    We understand that many senior care workers are paid less than £7.02 per hour.  However, since 2000 work permits have only been issued for jobs where the minimum entry requirements are:

    - a United Kingdom degree level or equivalent professional qualification; or
    - a relevant HND level qualification; or
    - an HND level qualification that is not relevant, plus one year's relevant work   
    experience; or
    - at least three years' relevant experience at NVQ level 3 or above

    Senior care worker posts which require these levels of qualifications and/or experience are extremely rare, and would be expected to command higher salaries than senior care worker posts requiring lower levels of skills. We do not believe that £7.02 per hour is an unreasonable rate of pay for a senior care worker with the level of skills and previous experience outlined above.

    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.

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