
The 2022 Code replaces the NHF Code of Conduct 2012 (the 2012 Code) and sets out the baseline standards that the NHF expects of its member registered providers (RPs).
What’s the purpose of this change?
The Government has made it clear that this temporary measure is aimed at recruiting non-UK care workers to fill the gaping hole in staffing in the HSC sector left by Brexit and exacerbated by Covid-19 and the introduction of mandatory vaccinations in the sector. Employees working in the UK under the Health and Care Worker visa, introduced in August 2020, have the following benefits; fast-tracked entry to the UK, reduced visa fees and exemption from the Immigration Health Surcharge.
What has changed?
Prior to this announcement, to qualify for a Health and Care Worker visa, workers need to be paid at least £25,600 per year or £10.10 per hour, whichever is higher. If the 'going rate' for the role is higher than these amounts, then the worker will need to be paid that going rate. If a role, however, was included in the Shortage Occupation List (SOL) workers may still qualify for the visa even if they do not reach that salary threshold. The Government intends to include the role of care worker on this SOL so that they are eligible to apply for a Health and Care Worker Visa.
Who will be affected?
Care workers with an annual minimum salary of £20,480 will be entitled to apply for a Home and Care Worker Visa (provided they have the required level of English). This minimum salary level is significant as is likely to catch care workers in receipt of the Real Living Wage and maybe even some earning just below it. This is clearly the Government’s intent given they note that 'thousands of additional care workers could be recruited' following these changes. The following roles are included under this umbrella term of 'care worker'; care assistant, care worker, carer, home care assistant, home carer and support worker (nursing home).
When does this change come into force?
At the time of writing, the Government has given no specific date for this change. In its Christmas Eve announcement, it noted it would come into effect 'early next year'.
How long does it last for?
The Government notes that this 'temporary measure' will be in place for a minimum of 12 months. However, a Health and Care Worker Visa lasts for up to five years once granted to a worker. We currently think that the change to eligibility will last for 12 months from implementation, but visas supplied during that 12 month period will last for the five-year duration (and after this time it may be possible to settle in the UK). However, if we have further or contrary confirmation from the Government, we will update you.
What should employers in the sector do?
*These processes are lengthy and complex and more detail is beyond the scope of this ebriefing.
What’s next?
If you think you may be able to take advantage of this change to address the staffing needs in your organisation, we would advise you do the following;
We are looking to provide a product that will help employers with this process. If you are interested in this, please contact hazel.findlay@anthonycollins.com to note your interest and what stages of the process you would appreciate assistance with.
The 2022 Code replaces the NHF Code of Conduct 2012 (the 2012 Code) and sets out the baseline standards that the NHF expects of its member registered providers (RPs).
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