23 January 2008
We received a petition asking:
"We the undersigned petition the Prime Minister to Save Our Overseas Care Workers."
Details of Petition:
"SOS message to Immigration Minister Liam Byrne. If you get rid of our overseas Senior Carers the Industry will suffer a staffing crisis and patients will be at risk. With thousands of Work Permit holders and their families facing the threat of removal from the UK, something must be done to ‘Save our Overseas Senior Carers’. As reported by Immigration Matters, the Border and Immigration Agency (BIA) are refusing virtually all Senior Carer Work Permit applications. The tough line taken by the BIA is affecting new and existing overseas workers already in the UK renewing their permits. In 2006 the rules were changed on permanent residency (ILR) extending the time required to qualify from 4 to 5 years. Migrants coming up to the end of a four year Work Permit were forced to extend by one year to gain ILR. Care Homes are also expecting the worst, bracing themselves for the news that their overseas staff will be thrown out like yesterdays newspapers. Is this a fair way to treat people?"
Read the Government’s response
The work permit arrangements are designed to strike a balance between allowing employers to recruit people with the skills they need, whilst protecting employment opportunities for British workers. The Government considers that the British labour force, together with the expanded European Union, is sufficient to meet the needs of jobs below the level of the work permit criteria.
Later this year the Border and Immigration Agency will begin to implement a firmer, faster and fairer points-based system. The new system will be simpler and more transparent; ensuring that only those migrants Britain needs can come to work or study in the UK.
In August 2007 the Border and Immigration Agency updated the caseworker guidance on handling work permit applications for Senior Care Worker posts, following research and consultation with sector stakeholders. This update was done after finding evidence that the majority of Senior Care Worker posts did not meet the existing work permit skills criteria.
The care sector provides an essential service to a vulnerable group in society. Recognising this, the Border and Immigration Agency took the decision to introduce transitional measures for individuals already in the UK on existing Senior Care Worker work permits. These measures are intended to strike an appropriate balance between assisting continuity of care whilst employers adapt their recruitment practices, and ensuring that the work permit arrangements are applied correctly.
In August 2007, the following transitional measures were introduced:
- Existing Senior Care Worker work permits for jobs that do not meet the skills criteria would not be revoked. Revocation would only take place in cases where there was evidence of further non-compliance.
- While initial Senior Care Worker applications must meet the full skills criteria, applications for work permit extensions with the same employer do not have to meet the skills criteria in relation to the level of the job, as long as they are being paid the going rate salary level.
- More Senior Care Worker extension applications have been granted under these measures than in the same period in 2006. However, there are still concerns about the overall impact on this sector. So we are introducing two more transitional measures which we intend to further reduce the impact:
- The existing transitional measures will be extended to in-country change of employment applications for Senior Care Workers. The work permit skills criteria, in relation to the requirements of the job, will be waived for existing Senior Care Worker work permit holders wishing to move to a Senior Care Worker post for another employer.
- For those Senior Care Workers who have had work permits approved prior to 31 December 2003, an exceptional in-country extension may be granted for a maximum of 12 months.