Immigration Corner | How to obtain a Health and Care Worker visa

Dear Mr Bassie,

I am a medical professional and I am considering migrating to the United Kingdom to work there. I am told that persons in my profession are able to obtain visas, and I am hoping that you can advise me on the procedure.

– F.Y.

Dear F.Y.,

Health and Care Worker visas allow medical professionals to go to or stay in the United Kingdom (UK) to do an eligible job with the National Health Service (NHS), an NHS supplier or in adult social care. Please note that some health workers and their families will get their visas extended for free because of the coronavirus (COVID-19).

Persons and their families who are from the European Union (EU), Switzerland, Norway, Iceland or Liechtenstein and who started living in the UK before January 1, 2021 may be able to apply to the free EU Settlement Scheme. In the alternative, persons may need a visa to work in the UK. Irish citizens do not need to apply for a visa or to the EU Settlement Scheme.

ELIGIBILITY

With respect to eligibility, to qualify for a Health and Care Worker visa, persons must: be a qualified doctor, nurse, health professional or adult social care professional; work in an eligible health or social care job; and work for a UK employer that has been approved by the Home Office.

Persons should have a ‘certificate of sponsorship’ from their employer, with information about the role that they have been offered in the UK. Those persons should be paid at least the minimum salary (wage) – how much depends on the type of work they do. Persons should check if the job is available, and they must have a confirmed job offer before applying for a visa.

Persons must be able to speak, read, write and understand English, and they will usually need to prove their knowledge of English when applying. Persons who are not eligible for a Health and Care Worker visa may be eligible for another type of visa to work in the UK.

LENGTH OF STAY

Persons’ visas can last for up to five years before they will need to extend it. They will need to apply to extend or update the visa when it expires, or if they change jobs or employer.

Persons who want to stay longer in the UK can apply to extend their visa as many times as they like, as long as they still meet the eligibility requirements.

After five years, persons may be able to apply to settle permanently in the UK. This is also known as ‘indefinite leave to remain’. If successful and eligible, this gives them the right to live, work and study there for as long as they like and apply for benefits.

THE APPLICATION

Persons must apply online, and how they apply will depend on whether they are:

• Outside the UK and are going to the UK;

• Inside the UK and extending their current visa;

• Inside the UK and switching from a different visa.

Persons who would like to change their job or employer must apply to update their visa. Please note that applicants can include their partner and children in the application to stay in the UK, if they are eligible.

HOW LONG IT TAKES

Persons can apply for a visa up to three months before the day they are due to start work in the UK. This date is listed on the certificate of sponsorship. As part of the application, persons will need to prove their identity and provide their documents.

Prospective applicants may need to allow for some extra time if they need an appointment to do this. They will find out if they need one when they start the application.

GETTING A DECISION

Having applied online, proved their identity and provided all documents, the applicants will usually get a decision on the visa within three weeks.

Those persons who need to go to an appointment, may be able to pay for a faster decision. How they do this will depend on whether they are outside the UK or inside the UK.

COSTS

With respect to costs, the applicant, their partner or children will each need to pay the application fee and prove that they have enough personal savings. It is advised to check with the British authorities how much money will be needed.

Persons should be aware that the applicant and their partner or children will not have to pay the healthcare surcharge.

WHAT PERSONS CAN AND CANNOT DO

The successful applicant can:

• Work in an eligible job;

• Take on additional work in certain circumstances;

• Do voluntary work;

• Study;

• Bring their partner and children along as their ‘dependents’, if they are eligible;

• Travel abroad and return to the UK;

• Apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if they have lived in the UK for five years and meet the other eligibility requirements.

THE SUCCESSFUL APPLICANT CANNOT

• Apply for most benefits (public funds) or the state pension;

• Change jobs or employer unless their visa is updated.

Please note that if the application is successful, the applicant will receive a full list of what a person can and cannot do with a Health and Care Worker visa.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com