Introduction of the Care Worker vocation into the Skilled Work Permit Route of the Work Permit Policy

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A decision made on 17 February 2022

Decision Reference: MD-HA-2022-53

Public

Subject: Introduction of the Care Worker vocation into the Skilled Work Permit Route of the Work Permit Policy

Report Title: Introduction of the Care Worker vocation into the Skilled Work Permit Route of the Work Permit Policy

Public

Decision(s): The Minister for Home Affairs has approved, under the provisions of the Immigration (Work Permits) (Jersey) Rules 1995, the introduction of the Office of National Statistics Code 6145 – Care Workers and Home Carers into Appendix 1 of the Work Permit Policy, making it eligible for skilled work permit employment.

Resource Implications: None as a consequence of this decision.

Signature:

Signed By: Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Introduction of the Care Worker vocation into the Skilled Work Permit Route of the Work Permit Policy

This Report provides additional information in support of the relevant Ministerial Decision

08 February 2022

Background

The Minister for Home Affairs Work Permit Policy (WPP) is closely aligned to the United Kingdom’s Immigration policy and procedures under the Island’s obligations as a member of the Common Travel Area. As such the list of occupations eligible to be considered as skilled routes, listed in Appendix 3 of the WPP, are identical to those listed in the UK’s Immigration Rules.

Whilst Appendix 3 to the WPP lists a number of occupations that have an exemption to the £30,000 pa salary requirement, every occupation has a requirement for the position to be at RQF Level 3.

United Kingdom Statement of Changes

On 24th January 2022 the UK published a Statement of Changes to the UK Immigration Rules which will introduce the ability for care workers to come and work in the UK within the Immigration Rules.

The UK will be introducing code 6145 – Care Workers and Home Carers into the Skilled route by bringing them into the ‘shortage occupation list’ (SOL). This comes following a recommendation from the Migration Advisory Committee to UK Government. The UK Immigration Minister Kevin Foster wrote to the MAC confirming that the UK Government will adopt their recommendation to introduce Care Workers under the skilled worker route and that this will be reviewed in 12 months to determine if it needs to continue. In Minister Foster’s letter he notes “The Government is making this decision in recognition of the exceptional situation faced by the care sector during the pandemic, and the strong evidence you provided to support the recommendation. As your report points out, immigration cannot be the only answer to addressing workforce issues in the sector, but we accept your recommendation it could help alleviate some of the short-term difficulties posed by the pressures faced during the pandemic.”

An explanatory memorandum to the statement of changes notes;

“7.2 A key existing requirement of the Skilled Worker route is the job offer must be one which involves duties and responsibilities involving skills equivalent to RQF level 3, broadly equivalent to a level of skills obtained through A-levels or Scottish Highers. Applicants do not need to hold a formal qualification; it is the skill level of the job they will be doing which determines whether the threshold is met. These changes disapply this skills threshold for care workers, thus allowing them to qualify for the route.”

Jersey Care Federation

Following a meeting between the Jersey Customs & Immigration Service and representatives of the Jersey Care Federation they expressed their concerns over meeting the requirements of the skilled route for the Health Care Assistants, which are already eligible for the skilled route. Health Care Assistants already benefit from a reduced minimum salary threshold (along with a small number of other vocations) as listed in Appendix 3 of the WPP. This brings the salary threshold down from £30,000 to £20,000.

JCIS response and proposal

In order both align with the UK policy, address the concerns of the Jersey Care Federation and ensure that local care worker employers are not left in a detrimental position compared to those in the UK it is considered appropriate to introduce Care Workers as skilled workers into the Jersey WPP.

It is therefore recommended to adopt an aligned Care Worker route within the Jersey Work Permit Policy which will allow those with code 6145 – Care Workers and Home Carers to also come to Jersey under the skilled route without the requirement to fulfil an RQF Level 3 position. There will remain a need for applicants to demonstrate they have appropriate qualifications, skills or experience to undertake the work they will be employed for.

It is proposed that the WPP also aligns with the UK policy as follows;

• Work permits will only be available to agency employers, i.e. not employers who are individuals wishing to bring in home carers.

• To have the same English language requirement – level B1

• To have the same criminal background check – the applicant must produce a criminal record certificate from any jurisdiction they have resided in over the previous 10 years

• Minimum salary threshold of £20,000

• To be reviewed after 12 months