Tier 2 Sponsor Licence General Requirements23rd February 2021
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The Government introduced a ‘Health and Care Visa’ for qualified doctors, nurses and allied health professionals trained to a recognised standard and who have good working English.
The scope of the visa was extended to include eligible persons working in the social care sector. The benefits for such workers are fast-track entry, reduced visa fees and dedicated support to come to the UK with their families.
People applying for the Health and Care Visa and their dependant family are exempt from paying the Immigration Health Surcharge. This blog focuses only on the Senior care Workers, Nursing auxiliaries and assistants.
The Health and Care Visa is available to the following individuals:
- a person applying under the Skilled Worker route for Entry Clearance or Leave to Remain; and,
- a person taking up a job in one of the occupations specified within the list of Standard Occupational Classification (SOC) codes set out in paragraph 3; and,
- a person who will be employed or engaged by a qualifying employer or providing regulated activities
The relevant Health and Care Visa Standard Occupational Classification codes under consideration in this blog are :
- 1242 – Residential, day and domiciliary care managers and proprietors
- 2219 – Health Professionals not elsewhere classified
- 3219 – Health associate professionals not elsewhere classified
- 6141 – Nursing auxiliaries and assistants
- 6146 – Senior care workers
Applicants for the Health and Care Visa will need to meet all relevant criteria for a Skilled Worker. These requirements are set out in the Immigration Rules at Appendix Skilled Worker and include a requirement for applicants to:
- Work for a UK employer that’s been approved by the Home Office
- Have a ‘certificate of sponsorship’ from their employer with information about the role they’ve been offered in the UK
- Do a job that’s on the list of eligible occupations
- Be paid a minimum salary – how much depends on the type of work the applicant does
- Be able to speak, read, write and understand English at the required level.
The employer will be required to include a brief explanation in the Certificate of Sponsorship setting out how the employee meets the Health and Care Visa eligibility requirements.
The employer will also be responsible for informing the applicant they are eligible for the Health and Care Visa so the applicant can correctly complete the visa application form.
Where an employer is an organisation that provides services commissioned by the NHS, evidence of the contract arrangements with the NHS may need to be provided to UK Visas and Immigration (UKVI) as proof that applicants are eligible to apply for a Health and Care Visa.
Health and Care Visa applicants enjoy a reduced visa fee. Applicants applying for the Health and Care Visa and their family are exempt from paying the Immigration Health Surcharge. Family is defined as the partner or dependent child of the person applying for the Health and Care Visa. It does not cover wider family or those living independently of the health and Care visa applicant.
The UKVI will prioritise Health and Care Visa applications, with the aim that the vast majority are processed within three weeks from the point the applicant has provided their biometric information.
This is in comparison to the current timeframe for visa processing of between eight and twenty weeks.
To apply for this visa, the following documents are required:
- Proof of knowledge of English
- A valid passport or another document that shows your identity and nationality
- Your job title and annual salary
- Your job’s occupation code
- The name of your employer and their sponsor licence number – this will be on your certificate of sponsorship
- Evidence that you have enough personal savings to support yourself in the UK, for example, bank statements (unless your certificate of sponsorship shows your employer can support you). You must have at least £1,270 in your bank account to show you can support yourself in the UK. You will need to have had the money available for at least 28 days in a row. Day 28 must be within 31 days of applying for this visa.
- Proof of your relationship with your partner or children if they’re applying with you
- Your tuberculosis test results if you’re from a listed country
- A criminal record certificate – if you’re working in certain jobs
- Your UK PhD certificate or your unique UK NARIC reference number if your qualification is from outside the UK
You’ll need a blank page in your passport for your visa if you’re:
- From outside the EU, Switzerland, Norway, Iceland or Liechtenstein
- From the EU, Switzerland, Norway, Iceland or Liechtenstein but do not have a biometric passport with a chip in it
If your documents are not in English or Welsh, you’ll also need to provide a certified translation.
You may want to provide a criminal record certificate if you’re applying from outside the UK unless your job is in one of the occupations which do not require a criminal record certificate.
If you’ve lived in more than one country, you might need to provide a certificate from each country you’ve lived in, depending on your age and how long you stayed in each country. If you’re under 28, you’ll need a certificate from any country you’ve stayed in for a total of 12 months or more since you turned 18.
If you’re 28 or over, you’ll need a certificate from any country you’ve stayed in over the last 10 years.
Your partner or children will need to apply separately. Your partner and children can apply to join you or to stay in the UK as your ‘dependants’ if they’re eligible. If their application is successful, their visa will end on the same date as yours.
A dependant partner or child is any of the following:
- your husband, wife, civil partner or unmarried partner. You must be able to prove that either you’re in a civil partnership or marriage that’s recognised in the UK or you’ve been living together in a relationship for at least 2 years when you apply
- your child under 18 – including if they were born in the UK during your stay
- your child over 18 if they’re currently in the UK as your dependant
If your child is 16 or over they must live with you (unless they’re in full-time education at boarding school, college or university), not be married, in a civil partnership or have any children and be financially supported by you
Your partner and children must have a certain amount of money available to support themselves while they’re in the UK.
You – or your partner or child – will need:
- £285 for your partner
- £315 for one child
- £200 for each additional child
You – or your partner or child – will need to have had the money available for at least 28 days in a row. Day 28 must be within 31 days of you or them applying for this visa.
You’ll usually need to show proof of this when they apply, unless either:
- you have all been in the UK with a valid visa for at least 12 months
- your employer can cover your family’s costs during your first month in the UK – this must be confirmed on your certificate of sponsorship
If your partner or child is applying at a different time to you, they’ll only need to prove they have enough money to support themselves if they have been in the UK for less than 1 year.
Children born in the UK
If you have a child while you’re in the UK, they do not automatically become a British citizen.
You can apply online for their dependant visa. You must do this if you want to travel in and out of the UK with your child. You’ll need to provide a full UK birth certificate for each child, showing the names of both parents. You must apply to add them to your visa before they turn 18 if they want to stay in the UK.
You can usually apply to extend your Health and Care Worker visa if all of the following are true:
- you have the same job as when you were given your previous permission to enter or stay in the UK
- your job is in the same occupation code as when you were given your previous permission to enter or stay in the UK
- you’re still working for the employer who gave you your current certificate of sponsorship
- you still meet the salary requirements
The same conditions apply to Tier 2 Health and Care visas issued before 1 December 2020.
If you’re applying to add a second job to your current visa, you must use to update your visa if you take on additional work that is either more than 20 paid hours a week in addition to the job you’re being sponsored for or in a different occupation code.
Your second job must meet the eligibility requirements and you’ll need a new certificate of sponsorship to prove this. You’ll also need to include a letter with your application explaining that you want to change your current permission to stay. If your application is successful, you’ll get a new visa giving you permission to do both jobs.
You do not need to apply to update your visa if you’re taking on additional work in the same occupation code or you’ll be doing less than 20 paid hours a week.
If you require assistance with your visa applications, contact Tann Law solicitors, and we will be able to assist.
Call us on 02477632323 or email firstname.lastname@example.org
Source: Home Office website