Immigration Matters

by Charles Kelly

Immigration Adviser & Co-Author of the book

HOW 2 Come to the UK
to live, work, study or visit

 

Welcome to Immigration Matters 20th October 2005. In this edition:

 

WHY ARE SENIOR CARER WORK PERMITS SO DIFFICULT TO OBTAIN?

Many employers find it increasingly difficult to obtain Senior Carer Work Permits. Immigration Matters examines some of the key issues and explains why these Work Permits are harder to obtain than, for instance, Nurses.

WORK PERMIT CRITERIA

In General, The Home Office will normally only approve applications for jobs which require people with either a UK equivalent degree level qualification; or a relevant HND level qualification; or a HND level qualification that is not relevant, plus one years’ relevant work experience; or at least 3 years full time relevant experience at NVQ level 3 or above. (Source IND website). Work Permits for the healthcare industry usually fall under one of two categories: “Shortage” (Tier 1) or “Non-Shortage” (Tier 2) occupations.

 

SHORTAGE OCCUPATIONS (TIER 1)

 

The Home Office officially recognises various shortage occupations for example, Nursing and Pharmacy, which means that the employer does not have to prove they cannot find a resident worker to fill the vacancy.  Provided both employer and employee meet the criteria, a work permit will normally be granted for a Tier 1 application.

 

NON-SHORTAGE OCCUPATIONS (TIER 2)

 

Other occupations can still be considered for a work permit provided they meet the criteria. The employer will have to prove that they cannot find a suitable resident worker to fill the vacancy. In theory, as long as the employer can prove that they cannot find a UK worker (e.g. by advertising the post) and both applicant and employer can satisfy the criteria, they can obtain a Work Permit. Examples of Tier 2 occupations include Senior Cares, Community Workers, Managers, Chefs and IT staff.

 

Demonstrating that both applicant and job fit the criteria is not as easy as it may first appear and decisions can also vary depending on which case officer’s desk your application lands. The post must also be advertised in a suitable publication for at least 28 days before applying. (Source: “How 2 Come to the UK to Live Work Study or Visit”).

 

Most Work Permit refusals occur because of a failure to satisfy The Home Office on the above points. As Immigration Advisers we deal with hundreds of Work Permits on behalf of employers who simply wish to outsource the legal work or employees who wish us to arrange a work permit on the employer’s behalf.

 

 

We cannot cover this complex subject in one article, however, if you should have any questions concerning any Work Permit issues please email Charles Kelly

ckelly@recruitnurse.com

 

 

If you should have any questions concerning the above please send an email to ckelly@recruitnurse.com, visit www.overseasconsultancy.com or call 0870 041 4658.

 

 

 

 

 

 

HOW 2 COME TO THE UK to Live Work Study or Visit by Charles Kelly & Cynthia Barker2005 ISBN 0-9546338-3-0.

Available from www.overseasconsultancy.com