Fragomen – Visas, migrant workers, where you stand and how to apply correctly.
Fragomen attended the LCAS RM v-meeting recently and below are further answers to questions posed to them at the time and their responses. Fragomen will presenting again on Wednesday April 27th 10.00 – 11.30 at the RM v-meeting, invitation details below:-
Join Zoom Meeting
https://us06web.zoom.us/j/86789301432?pwd=UUl5b3BpVFdsUm1HSkNCODdsamxjdz09
Meeting ID: 867 8930 1432
Passcode: 716512
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Should you need professional advice in this area see https://www.fragomen.com/ or contact Laurence Keir-Thomas, LKeir-Thomas@Fragomen.com
Fragomen Q&A. April 2022
Q: Agencies etc.
We are not really in a position to recommend agencies, but we do work closely with Talent Beyond Boundaries […]
Q: Do they need to do the tests etc if they are from an English-speaking country ie Australia or America?
You do not need to prove your knowledge of English if you’re a national of one of the following countries:
- Antigua and Barbuda
- Australia
- the Bahamas
- Barbados
- Belize
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- Malta
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
Q: Can be employed from any country?
A: Yes. The UK Immigration system to attract skills irrespective of your nationality.
Q: We were surprised to be asked to pay the immigration skills charge up front so have applied for three-year visas but I understand we can then extend for further two years, is that correct?
You pay the Immigration Skills charge when you assign a certificate of sponsorship to someone applying for a Skilled Worker or Intra-company Transfer visa. You must pay the immigration skills charge if they’re applying for a visa from:
- outside the UK to work in the UK for 6 months or more
- inside the UK for any length of time
There are limited exceptions [ ]
Q: Can you swap a 6146 Senior Care Worker sponsorship to the 6145?
Fragomen: Once a Skilled Worker visa has been issued for one SOC code the employee must make a new Skilled Worker visa application, and have this approved, before they start a role in another SOC code. So yes, you can change but you must make an application (including a new COS) before the new role commences.
| 6145 | Care workers and home carers – private households or individuals (other than sole traders sponsoring someone to work for their business) cannot sponsor Skilled Worker applicants | Care assistant Care worker Resident warden Carer Home care assistant Home carer Support worker (nursing home) |
| 6146 | Senior care workers | Senior care assistant Senior carer Senior support worker (Local government: welfare services) Team leader (nursing home) |
Q: What is the minimum score needed on the English test to be able to work in UK as a care giver?
If we assume that care giver translates to Carer under the above mentioned SOC code 6145, you must prove you can read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages ( CEFR ) scale. You can prove your knowledge of English by: passing a Secure English Language Test (SELT) from an approved provider.
Again, standards are in existence and defined (eg IELTS for doctors is 7.5 overall with no score lower than 7 versus 7 for nurses with no score lower than 6.5).
If you are in the UK:
Pearson
Trinity College London
IELTS SELT Consortium
LanguageCert
If you are outside of the UK
You can only take a SELT with one of the following providers:
PSI Services (UK) Ltd
Degrees taught in English can be used but they need to be certified by ECCTIS
if the degree was taken in the UK then no certification needed
Q: If an individual has a Diploma /Degree / PHD / or equivalent in other subjects, can theses suffice for the English language test?
Fragomen: Yes, but the degree must have been taught in English and then certified by ECCTIS
Q: Do they need to have any training prior to job offer for Care worker -6145?
Fragomen: there is no sufficient immigration requirement on the training they must have. However, you must be able to demonstrate to the Home Office why you think a candidate is suitable for the role.
Q: What’s the metric for the SOC 6145 jobs? Where can this be found so it can be measured against?
A: The assessment is based on the responsibilities the candidate has. This is mapped against example job responsibilities in the SOC 6145. The ONS has a useful tool (https://onsdigital.github.io/dp-classification-tools/standard-occupational-classification/ONS_SOC_occupation_coding_tool.html) to check but ultimate responsibility lies with employer to make sure the correct SOC has been selected.
Q: We also had a problem when the helpline was telling us the person had to be in the country within 28 days of visa starting but they were delayed for various reasons, I could not understand where this rule came from.
A: The rules regarding 28 days is that the start date listed on the Certificate of Sponsorship must not be delayed by more than 28 days once the visa has been issued. This is a challenging issue and one which we would be happy to discuss offline.
Q: How many sponsorship certificates can we apply on one licence please?
Fragomen: There is no limit to the number of COSs that you can apply for but you must be able to justify the request
Q: What happens if the individual want to change the company / job? Is it allowed? what is the process?
Fragomen: As noted above, if the employee changes jobs to a different SOC code they must first make an application for a new Skilled Worker visa. If they employee secures a job with another company, they must make a new Skilled Worker visa with sponsorship from their new employer.
Q: Do you help with visa sponsorships I just received an invite?
Fragomen: we provide immigration advisory and transactional services. We can help you to issue the COS and then apply for the visa for the employee.
Q: What is the difference between you and IANS?
A: We are an independent global law firm.
Q: For nurses, can we apply visa before they completed CBT?
No
Q: WHAT QUALIFICATION, DO CARE ASSISTANTS NEED TO HAVE
The Home Office does not specify this.
Q: Can you switch your VISA from dependant to a Health Care Visa/Skilled Visa?
Yes, in most cases this will be possible.
Q: Are there countries exempted from this scheme?
Yes, the Republic of Ireland. No other countries are exempted.
Q: Do candidates need to have training/experience prior to job offer or to get the visa for care worker role-6145.
See above.
Q: What is the situation regarding Asylum Seekers already residing in the UK? Can they be sponsored?
This is a complicated question as the right to work for asylum seekers depends on a number of factors including how long their claim has been outstanding. If you have a specific query please get in touch.
Q: Is completing the care certificate sufficient as proof of qualification/skills for the 6146 visa?
We cannot comment on this.
Q: Who cannot apply to switch to this visa
You cannot apply to switch to this visa if you’re currently in the UK:
on a visit visa
on a short-term student visa
on a Parent of a Child Student visa
on a seasonal worker visa
on a domestic worker in a private household visa
on immigration bail
because you were given permission to stay outside the immigration rules, for example on compassionate grounds
Q: My question was about Asylum Seekers in UK. Can they be sponsored?
See above.
Q: can we have any sponsor company emails if they are available in the meeting
Q: The minimum wage requirement of £20,480 per year, is that based on 40hrs per week or the standard 37.5hrs full time? Thank you
I think one important point to emphasis regarding sponsoring a migrant care worker is that you need to pay a minimum of both £20, 480 and £10.10 per hour. So, you will be looking at around 40 hours per week as a minimum if you are paying the minimum of £10.10 per hour
E&OE
