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Changes to transitional measures for senior care workers

We have reviewed the transitional measures put in place last year for considering senior care worker applications and as a result are introducing two more measures.

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.

At the same time, a transitional measure was introduced to help ensure continuity of care whilst the sector adapts its recruitment practices to more effectively target the resident workforce at all skill levels. The work permit skills criteria, in relation to the requirements of the job, were waived for extension applications, provided the person was in the United Kingdom, considered after 13 August 2007.

All other criteria continue to apply, including the requirement to pay the going rate for a skilled worker. This rate was updated in line with the most comprehensive salary data available, which showed that senior care workers at a skill level that met the work permit criteria could expect a salary of at least £7.02 per hour.

We have now reviewed the transitional measures to assess how effective they have been to date. There have been many successes - over 700 extension applications have been granted since 13 August 2007, across the United Kingdom (more than were granted during the same period in 2006). Whilst we continue to monitor the transitional measures, we are introducing two further measures:

The existing transitional measures will be extended to include change of employment applications for senior care workers providing the person is in the United Kingdom. This means that the work permit skills criteria, in relation to the requirements of the job, will be waived for existing senior care worker work permit holders, provided the person is in the United Kingdom, wishing to move to a senior care worker post for another employer. However, the new employer must pay the going rate of £7.02. Fresh advertising is not required in these circumstances.


For those senior care workers who have had work permits approved prior to 31 December 2003, an exceptional extension may be granted for a maximum of 12 months provided the person is in the United Kingdom. As well as the skills criteria, in relation to the requirements of the job, the requirement to pay the going salary rate will also be waived for extension applications, provided the person is in the United Kingdom, as will 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.
Customers who have had previous applications refused will not have their cases reopened but should apply again enclosing the correct fee. If the application was refused within the past 28 days, customers may apply for a review of the decision, which will be considered in line with the new transitional measures.

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.

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.

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