Keeping records for sponsorship

The Home Office has updated guidance to provide further clarity for sponsors of overseas workers, temporary workers and students on their record-keeping duties in respect of recruitment activity.

More information: Sponsor guidance appendix D: keeping records for sponsorship

What does this mean for your recruitment processes?

Employing EU citizens in the UK

Information for employers on employing EU, EEA and Swiss citizens in the UK, covering right to work checks, the EU Settlement Scheme and the UK’s new immigration system.

Anyone you want to recruit from outside the UK, excluding Irish citizens, needs to meet certain requirements and apply for permission first. The requirements are different for each visa. You also need to have a sponsor licence to hire workers from outside the UK.

More information: Employing workers from outside the UK

What does this mean for the people you support?

Community support for vulnerable citizens

Organisations funded to provide support to vulnerable and at risk EU citizens applying to the EU Settlement Scheme.

More information: EU Settlement Scheme: community support for vulnerable citizens

The importance of supporting your residents

Are you supporting your residents with the application?
» Click here for guidance on this subject

How is this affecting your policies on data protection and copyright?

More information: EU business: data protection and copyright

Additional guidance from CQC

If UK is granted “data adequacy” status, this means that no further actions may be required by health and social care providers, however this is not guaranteed, therefore you need to ensure you have planned for contingency in case an adequacy decision is not reached by 31^st December 2020. You can also access guidance which guide health and social care organisations on what they need to do now to prepare for the end of the transition period below:
 

• Guidance for health and social care organisations: end of transition period data preparedness
• Appendix – template supplier letter and standard contractual clauses addendum

Changes to immigration rules: Making it easier to recruit Care staff from overseas

New roles have recently been added to the ‘Shortage Occupation List’

Overseas workers in key health and care roles will have a greater opportunity to work in the UK following changes announces to the Immigration Rules.

Senior care workers and nursing assistants are among roles that have been added to the Shortage Occupation List, which gives people in these roles an advantage in obtaining a skilled worker visa. Health service managers and directors, residential, day and domiciliary care managers and health professionals not elsewhere classified have also been added to the Shortage Occupation List.

The changes build on the government’s delivery of the new points-based immigration system, which works for the whole of the UK. Minister for Future Borders and Immigration Kevin Foster said:

“Every year we welcome healthcare workers from across the world to our United Kingdom, with many having played a key role on the frontline of the NHS during the recent pandemic. This latest set of changes, combined with our Health and Care Visa, will ensure they can easily get the immigration status they deserve.”

As part of the points-based immigration system, people applying to come to the UK through the skilled worker route must reach 70 ‘points’ to be eligible for a work visa. A job on the Shortage Occupation List is worth 20 points. Combined with the mandatory criteria – having an acceptable standard of English, an offer from a licensed sponsor and the required skill level, which are worth 50 points – will ensure people in these roles reach the 70 points necessary.

Two points to remember:

• Check if you or your staff are eligible to apply for the Health and Care Worker visa instead. It’s cheaper to apply for and you or your staff would not need to pay the annual immigration health surcharge
   
• Also, any EEA citizen who has arrived in the UK before 31^st December 2020, no matter what job role, or not even employed, can apply to receive a pre-settled status (granting them permission to live and work for 5 years in the UK) or full settled status (if they have 5 years in the UK/when they reach 5 years, they could get this which is permanent residency)

For more information on this, you can call our dedicated HCPA support line on 01707 707686, or email us at euhelpline@hcpa.co.uk

Reference material:

» GOV.UK: Skilled Worker caseworker guidance [PDF]
» GOV.UK: Immigration rules
» GOV.UK: Skilled worker visa
» GOV.UK: Skilled worker visa: eligible occupations
 

The roles below are roles sited on the Shortage Occupations List (IF they are paid in line with the guidance):

Important note: Details of applying for the EU Settlement Status are subject to change.

For more information, visit GOV.UK’s webpage as well as read our newsletters for regular updates.