Customers should be aware that this guidance will be used from 13 August 2007 when processing all work permit applications for Senior Care Worker positions.

This updated guidance has been drawn up following extensive research and consultation with the Department of Health and other key sector stakeholders.

Customers are advised that this research and consultation has shown that Senior Care Worker positions which meet the work permit skills criteria are extremely rare. All first or change of employment work permit applications for Senior Care Workers must be supported by a robust business case to justify the qualifications and/or experience requested.

The Government expects employers to recruit and open up career opportunities for Care Workers within the resident UK or wider EEA labour market to fill vacancies below the level of the work permit skills criteria.

As a transitional measure, to ensure continuity of care provision whilst the sector adapts its recruitment practices, the work permit skills criteria will be waived for in-country extension applications for Senior Care Workers considered after 13 August 2007. All other criteria will continue to apply.

Customers should note that for in-country extensions to be approved all elements of the post must be unchanged, with the exception of the salary being offered. The salary must now meet the new minimum rate of £7.02 per hour.

Customers who have had previous in-country extension applications refused will not have their cases reopened but should apply again enclosing the correct fee. If the extension application was refused within the past 28 days, customers may apply for a review of the decision, which will be considered in line with the new transitional measures.

In line with paragraph 113 of the Business and Commercial Guidance for Employers, extension applications should be made no more than three months before the person’s permission to stay in the country runs out. If approved, the work permit holder should apply for Further Leave to Remain as soon as possible.