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Immigration cap already in place – for Care Workers | Immigration Matters

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This week the government announced a cap of 21,700 on the number of skilled workers from outside the European Economic Area allowed into the UK. The cap represents a cut of 6,300 on the figure for 2009.

However, the UK Border Agency (UKBA) has already reset employers’ Certificates of Sponsorship (CoS) allocation to zero following the interim cap this summer. 

The UKBA says employers can simply reapply for the certificates, which replaced the old Work Permits following the introduction of the points based system, again as and when they are required. But, as employers have found to their cost, it is becoming virtually impossible to obtain one as the government’s grip on non-EU workers tightens.  

Applications for a previously allocated CoS now goes before a new ‘panel’ which sits monthly to decide on who shall get their CoS back and those who will be refused.

Many of our clients are locked in a titanic battle with the UKBA, who are refusing to re-issue certificates for desperately needed Senior Carers, leaving both employer and worker ‘high and dry’.    

One of the reasons now being given – for refusing to issue the CoS the employer already had – is that the salary is below £20000.  The fact is, Senior Carers are on the government’s official shortage occupations list. 

The points based system, we were told, was supposed to be fair and transparent, but now employers have spent thousands of pounds and hundreds of hours becoming registered sponsors, as well as their workers do not know whether they are coming or going. The English Community Care Association (ECCA) is taking the government to court over its policy on Senior Carer work permits. 

Some of those affected are existing work permit holders waiting to extend their visas while others are student visa holders hoping to switch from Tier 4 to Tier 2. 

So what should you do if you are affected by the UKBA’s new policy? You need to plan ahead and not allow your visa to expire. If however, your visa has expired, seek urgent immigration advice. As I am writing this article, I am actually in the middle of an application for a client whose visa is to expire in the next 48 hours! Her employer only managed to obtain a CoS this afternoon after fighting for it for weeks. 

Candidates unable to obtain a CoS from an employer can go home to their country of origin and wait until their employers are ready for them. Old work permit holders with less than 5 years service are in a tricky position unless they can apply before their visas expire and should seek expert advice from an OISC registered immigration adviser. 

See also:

X Factor’s Gamu Nhengu visa refusal reversed on appeal

Consultation on Tier 4 Student Visas announced by Home Office

Non-EU skilled workers to be capped at 21,700

For free immigration news updates, please visit www.immigrationmatters.co.uk  or email:

info@immigrationmatters.co.uk

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About

Cynthia Barker is an Immigration Adviser and Co Author of the book: How 2 Come to the UK to Live Work Study or Visit. Cynthia writes a regular immigration column for Planet Philippines and Europhil Journal.

36 Responses to “Immigration cap already in place – for Care Workers”
Read them below or add one

  1. rachel says :

    why are they issuing cos to care homes if they are off the shortage list, and why have they said before that if you were here on a student visa before april then you would fall into unresricted, and now they have changed that again.

  2. Segun wale says :

    Hi, I was applied for UK student visa in 2008 but refused before appeal allowed me in October, 2009 and there is nothing like Tier 4 in my visa but NOT RECOURSE TO PUBLIC FOUNDS WORK(AND ANY CHANGES) MUST BE AUTHORIZED WAS WRITTEN.I am presently undergoing Advanced diploma in HIV/AID and S.T.I course in one of the A TRUSTED College London. This is my question:
    I.Is possible for me to do any course that can allow me to get work permit in UK,if yes i need more explanation.

    II. I wish to bring my wife to UK this year. What are the requirement and is possible for her to work because of my visa status . THANKS

  3. Rose de Leon says :

    hello and merry xmas, i am student with NVQ2,3 and i am working towards my NVQ4, i am working as a care manager and my company would like to sponsor me with Tier2 license, can you please clarify if it is poossible for my boss to apply for COS, my visa is due on March 2011,
    please email me ASAP, thanks a million, GOD BLESS

  4. […] of care home employers have been appealing to the UK Border Agency to re-issue CoS certificates for desperately needed Senior Carers since the interim cap was introduced with less than two weeks […]

  5. See article:
    Immigration Cap ruled illegal Unconfirmed reports are coming from the Royal Courts of Justice that judges in the ECCA/JCWI legal challenge have ruled that the UK Border Agency have not acted within the law when implementing the interim immigration cap on Tier 1 and Tier 2 migration.

    http://www.immigrationmatters.co.uk/immigration-cap-ruled-illegal.html

  6. See:
    Immigration Cap ruled illegal Unconfirmed reports are coming from the Royal Courts of Justice that judges in the ECCA/JCWI legal challenge have ruled that the UK Border Agency have not acted within the law when implementing the interim immigration cap on Tier 1 and Tier 2 migration.

    http://www.immigrationmatters.co.uk/immigration-cap-ruled-illegal.html

  7. What type of visa do you hold?

  8. Take advice from a professional before applying or read the rules carefully on the UKBA website.

  9. You need to take professional advice if your husbands work permit visa has expired, as it appears you are all in the UK illegally?

  10. Not sure I understand what you are trying to do, but if you are here on a student visa (Tier 4 or old rules) you should be engaged in full time study.
    Some students remain here for months or even years working (illegally) without studying. If they are caught they will probably be deported and face a 10 year ban from returning to the UK.
    Employers should also check that employees on student visas are actually studying.

  11. Thank you for your comment Sophie

  12. […] Immigration cap already in place – for Care Workers […]

  13. […] The English Community Care Association (ECCA) is taking the government to court over its immigration cap policy on Senior Carer work permits.  […]

  14. […] Immigration cap already in place – for Care Workers […]

  15. I am always happy to see articles such as this… such a great help to other. I have seen a few other internet sites with similar content but no one has done a better job than you on writing about it. Great job and keep up the good work.

  16. Clemen dionisio says :

    Hi. My student visa will expire on march,2011. I just finished my nvq3 last n0vember. I have n0 plans of renewing my visa again. Just want to kn0w if is it p0ssible n0t to enr0ll again until my visa expires. Thank y0u.

  17. Hi, I’ve done NVQ LEVEL3 and English language on IESOL. I am a dependant. My husband had work permit as a cook. But our visa and work permit had already expired. We are in UK for three and a half years. If i do an application on work permit as senior carer for the first time now and my employer already has his sponsorship license which is A rated and he agrees to get me work permit. Is that be alright to do it now and which form should i use and also in how many days we’ll get our work permit? Or is that be fine if my husband himself apply again with another employer who has A rated sponsorship License? And which form should he use to apply? in how many days we need to send it?

    Thanks for your kind coorperation and hope to hear from you as soon as possible.

  18. Ma.Cecilia Cuevas says :

    Hi I would like to inquire about extension of work permit, my visa expires on February 2011 I have a work permit as senior care assistant but work as a support worker and and i ask my employer for the application of COS, is there a possibility that they will not apply it??

  19. marilyn balbastro-goce says :

    Hi!I’m student and my visa will expire on 30 April,2011.
    I have learned that they will have a new law inforce on Feb.Is it possible to apply ahead of this date like 1st week of Feb 2011 or I will wait ’til March 15 for me to submit my documents for Tier 4 (note: I have my certificate for level 3 and 4 NVQ)Can I apply as well for Tier 2 now?
    Thank you very much. More power to Immigration Matters..happy Christmas to all staff..

  20. ZENITH BAUTISTA says :

    HELLO HAVE A GOOD DAY. In-behalf of my wife, i would like to ask some question regarding her settlement next year. my wife work permit will be expired this may 2011 and she is planning to apply a settlement this april 2011. is she affected with the new law?

    on the other hand, the visas of mine and my 1 kid as dependant will also be expired synchronously with my wife’s visa and unfortunately during that expiration we are here in the philippines ..in this situation, what will be our status? is it possible to apply or process settlement application here in the philippines or renew our dependant visas?

  21. […] Immigration cap already in place – for Care Workers […]

  22. Hi, I switch on to The United Kingdom 12 june 2006. I went for a holiday outside UK from 26 feb to 30 mar 2008. I went for a Maternity leave outside UK from 06 jan to 22 aug 2009. No more absences outside UK other than those dates stated above and no more to be spent outside UK untill June 2011. Is my maternity leave or absences affects my application for Indefinite Leave to Remain? Am I eligible to apply for an Indefinite Leave to Remain next year? Thank you very much..

  23. hi, i switch on to United Kingdom 12 june 2006. I went for a holiday outside the UK from 26 feb to 30 march 2008. I went for a maternity leave outside UK from 06 jan to 22 aug 2009.No more absences outside UK other than those dates stated above and no more to be spent outside the UK untill 2011. is my maternity leave or absences affects my application for Indefinite Leave to remain? Can i apply for Indefinite leave to remain next year? thank very much..

  24. michelle says :

    my visa will expire on 31st od this month december (STUDENT VISA). my employer is willing to give me sponsorship but she is still waiting for the allocation. is the home office is still issuing allocation this month?

  25. i would like to ask about my status..my visa will expire on 3 March next year but my employer said the UKBA stop the issuing of Certificate of Sponsorship..i need to extend my visa before it expire..i entered here in UK 11May 2006..many thNKS..

  26. There is not much you can do except wait until you qualify for ILR and see what the rules are at the time.
    The advice to any migrant is the higher your qualifications and experience/expertise the better your chance of being able to remain in the UK.

  27. Work Permits/Tier 2 working visas are still being issued, depending on the job type.

  28. I have completed nvq3 and I plan to apply for work permit, I would like to know that is it possible to get work permit now, could you please tell me, is ukba now issueing workpermit or not. And if I get have any problem when it renewing, Thanku

  29. hi i would like to ask about the new law if my current status will be affected.im a work permit holder and my visa will expire next year sept and im applying for settlement nxt year is that affected by law?do i need to worry?what should i do?

  30. What is your question?

  31. Tayab flor says :

    Hello have a nice day.I would like to enquire regarding the new points based system because I’m also a working permit holder with the job title of senior care assistant,my visa will expire April 24,2012 but my working permit will expire february 28,2012 and my company us southern cross health care company.Thank you so much and I hope you could give me a sincere advice. MORE POWER AND GOD BLESS..

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