In response to a recent letter to Meg Hillier, Under Secretary of State for the Home Office, regarding transitional arrangements for Senior Care Worker applications, Richard Jackson confirmed that the Policy Unit are working on measures to minimise the impact of Tier 2 on Work Permit holders.

Mr Jackson revealed that the UK Border Agency is now planning to launch Tier 2 of the new system in November 2008 and not, as previously advised, in September. This will give employers and migrant workers much needed breathing space. 

"We recognise the impact that the launch of Tier 2 could have on all existing work permit holders, including senior care workers.

"Therefore, we will put in place transitional arrangements to minimise this impact, and enable work permit holders to extend their leave under Tier 2 up to the qualifying period for settlement." Mr Jackson told Immigration Matters.

Mr Jackson pointed out that there are currently concessions in place for Senior Carers not available to other Work Permit holders, and said that "transitional arrangements we put in place for senior care workers may vary from those offered to other work permit holders". 

He stressed that no final decision has yet been made on how these arrangements will operate, but said they are "exploring possible transitional arrangements specifically for senior care workers under Tier 2". An announcement is expected shortly on the UKBA website.

"There has never been any promise or guarantee that one approval of limited leave to remain will automatically lead to another" Richard Jackson Policy Unit

In answer to our request for assurances on Indefinite Leave to Remain (ILR) for Senior Carers, Mr Jackson said:

"Work Permit employment entitles an individual to limited leave to remain in the UK for the duration of the approved period of employment only. Whilst this is a potential route to settlement, there has never been any promise or guarantee that one approval of limited leave to remain will automatically lead to another. Applications, including those for extensions and those for settlement, are considered according to the rules and guidance in place at the time that that application is made."

This will do little to allay fears that the ILR may not be available to Senior Carers should the job be reclassified as "low skilled" under Tier 3.

A reduction in the ILR qualifying period for migrant workers who arrived prior to the implementation of the qualifying period, Mr Jackson said:

"Reducing the qualifying period for settlement to four years would only benefit the minority of senior care workers who have been granted between four and five years' leave under the work permit arrangements.