Recruitment


Employing carers from overseas: what you need to know


Brexit has made it harder to recruit carers from outside the UK. Skylar McKeith, head of immigration at Mackrell.Solicitors, guides us through the new process


The UK care industry has experienced a period of upheaval like no other before. From rising costs to the challenges created by Covid-19 – the care industry has had an immensely difficult time. A persistent issue within care is


recruitment. Many companies once relied on skilled care workers from the EU who enjoyed freedom of movement, as well as many other recruits from around the world who enjoyed lower visa and immigration criteria. However, the introduction of a new points-based system post-Brexit, with stricter requirements, including a higher minimum salary rule, has made it more challenging to recruit from overseas. Despite being responsible for many of the new rules and tougher criteria for visas, the Home Secretary Priti Patel and her department have recognised the challenges that the industry faces and are now implementing critical changes to make it easier for the care sector to recruit globally. In fact, Priti Patel announced: “The care


sector is experiencing unprecedented challenges prompted by the pandemic and the changes we’ve made to the health and care visa will bolster the workforce and help alleviate some of the pressures currently being experienced.” Since then, the government has taken steps to ensure that care workers are recognised on the Skilled Worker shortage occupation list. The decision followed a recommendation from the Migration Advisory Committee (MAC) that the jobs be made eligible for the health and care visa and placed on the list, which is designed to help migrants get work visas to fill jobs where there are shortages. Importantly, for the care industry, it means that applicants have lower salary requirements and application fees when applying for a UK visa. I have outlined what these changes mean


to help you gain a better understanding of the new visa routes so you can find and hire overseas workers, to ease the strain of recruitment.


June 2022 www.thecarehomeenvironment.com


The introduction of a new points-based system post-Brexit, with stricter requirements, including a higher minimum salary rule, has made it more challenging to recruit from overseas


Skilled Worker visa The Skilled Worker visa is one of the main routes for workers coming to the UK. It allows an applicant to visit or stay in the UK to do an eligible job with an approved employer. To qualify for a Skilled Worker visa, a person must: n Work for a UK employer that has been approved by the Home Office.


n Have a ‘certificate of sponsorship’ from an employer with information about their role in the UK.


n Do a job that is on the list of eligible occupations.


n Be paid a minimum salary, which is determined by the type of job.


Most care workers will be eligible to apply for one of these visas if they have an offer from an employer with a Sponsor Licence and they meet the other requirements. The Skilled Worker visa also has a


requirement that the job offer must be one which involves duties and responsibilities involving skills equivalent to RQF level 3. This is roughly equivalent to A Levels in England and Wales, or Scottish Highers. Applicants must also be able to speak, read, write, and understand English and will need to prove their knowledge of English when they apply. Applicants can apply for a visa up to three months before the day they are due to start work in the UK, which is the date listed on their certificate of sponsorship. They will need to prove their identity and provide a number of documents during this process. All successful applicants for this visa will be able to work and remain in the UK for up to five years, after which they will need to apply to extend or update their visa. They also need to do this if they change jobs or employers. At the end of the five years, applicants


may be able to apply to settle permanently in the UK, giving them the rights to live, work, and study here for as long as they like, and apply for benefits, should they need them.


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