Immigration policy changes webinar with Home Office

Q. We are receiving applications for junior doctor posts, most of which are from overseas and require a work visa. Can we state on our recruitment packs that we will not be sponsoring individuals for a defined (restricted) CoS?

A. No. All applications need to be processed fairly and organisations cannot ask about right to work (RTW) checks until after the point of job offer when RTW checks can take place. This is because the applicant may have another way to meet the RTW checks, for example, another visa type (family visa, dependant etc). Guidance from Capsticks LLP is available on the NHS Employers website to support employer responsibilities and avoid discrimination.
 

Q. A band 5 staff nurse is sponsored under SOC 2010 code 2231, they have gained a promotion to a band 6 role. As they were sponsored before 4 April 2024, do we need to report the change under SMS or would they require a new CoS due to the SOC codes changing?

A. If the individual is moving up in band but not changing main job duties/skills and the SOC code can remain the same (eg promotion), then they are not required to submit a change and can continue with their current sponsorship. They do not need to make a new application or change to a new SOC code unless the nature of the job has changed to the extent that it would now fall into a different SOC code.

Q. Previously all doctor posts were under SOC 2010 code 2211. But with the creation of SOC 2020 code 2212, does this mean if the post now falls into a different SOC code that employers will not be able to extend but rather will need to select change of employment in the SMS system, and the individual needs to update their visa instead of applying for an extension?

A. Individuals do not need a new application or change to a new SOC code unless the nature of the job has changed to the extent that it would now fall into a different SOC code entirely. Those sponsored under SOC 2010 codes do not need to do anything as a result of the SOC coding change.

Anyone sponsored in one SOC 2020 code would need to make a change of employment application if their job changed to the extent that they were in a different SOC 2020 code.

Q. If an employee fails the OSCE exam three times and the organisation does not want to sponsor them as a healthcare assistant (HCA), but they need to stay for six months to repeat the OSCE exam, can they continue on the same sponsorship that they hold or do they need a new one?

A. No. If the applicant is unsuccessful after their permitted attempts at the OSCE exam, the employer must stop sponsoring them and as a result their leave to remain period will be shortened. Information on OSCE preparation and supportive information is available on the NHS Employers website. 

Q. Can individuals apply for apprenticeships while holding a Skilled Worker Visa or without having an EU/British passport?

A. Yes, however, individuals will still need to earn the minimum salary threshold in their role and their right to work will need to cover the duration of their course. The individual will need to ensure that their visa is equal to or longer than the apprenticeship to be eligible. 

Q. If someone moves to a different department within the same trust, do they need to reapply for a visa?

A. If the person’s job role and core duties are changing, no they will need to re-apply for a new visa. If they are changing jobs but staying within the same occupation code and with the same employer, they are not required to re-apply.

Q. Is the supplementary work still restricted to 20 hours?

A. Yes, supplementary work is restricted to 20 hours. Supplementary work is available to the individual as long as the additional role is the same as the main job and is an occupation on the Skilled Worker Visa. It is possible to take on a secondary job if they will be working over 20 hours, However, they will need to need to get a new CoS from the new employer for secondary employment. 

Q. I have a data analyst who would be joining under code 3544 (analyst). They only score 50 points. Am I correct in thinking they must therefore earn the minimum salary threshold of £38,700?

A. Yes - data analysts are not a national pay scale occupation so would need to earn £38,700 unless they qualified for a discount such as new entrant, relevant PHD. For example, if they have a PhD in a STEM subject relevant to their job, they would qualify for a salary starting from £30,960.

Q. We have requested Health and Care Worker Visas for our staff, but the documents they receive all state skilled worker with no mention of health and care. As a result, we are unable to allow them to work more than 20 extra hours per week on our bank team. How can we get confirmation that they have Health and Care Visas?

A. The Health and Care Visa is a subset of the Skilled Worker Visa (all health and care workers get a skilled worker visa). Providing the bank work is for the same sponsor they are able to do more than 20 hours. However, any bank shifts for any other sponsor (or employer) would be limited to 20 hours as per the supplemental employment restrictions.

Q. Can you confirm if we can sponsor trainee pharmacists be sponsored under SOC 2251?

A. Yes, you can employ them under the SOC code for qualified pharmacists and they need to meet the regular pay scale for qualified pharmacists.

Q. If nurses change their registration from adult to mental health will a new application need to be completed?

A. Yes. If an individual is changing occupation codes (such as from adult nursing (2237) to mental health nursing (2235)), they will need to submit a change of employment application. A sponsor notification is sufficient if they are remaining in the same occupation code.

Q. The information on CASCOT web and the ONS Occupation Coding Tool does not match. Which one should employers be using when looking into the codes? Which one should employers be using when looking into the codes? 

A. The Computer Assisted Structured Coding Tool (CASCOT) should be used, as this details SOC 2020 coding. The ONS tool is based on the old SOC 2010 coding system, which is no longer in use.

Q. Are Band 2 and Band 3 healthcare roles eligibility for a certificate of sponsorship?

A. It is not possible to sponsor for a Band 2 role. Band 3 are eligible for sponsorship, however, will need to meet the salary threshold of £23,200 (higher pay point of band 3, for Agenda for Change bandings at the point of publication) when taking out a new sponsorship, extending or changing sponsorship details. Existing Health and Care Visa holders at Band 3 who have been in post for two years or more will be on the top step point of £24,336 and will therefore meet the new minimum salary threshold of £23,200 at the point they apply for an extension (the exception being if they are held at the entry step point due to a disciplinary or performance warning). Higher cost allowances can also be included in a person’s salary – this is answered in the working patterns section. 

Q. Agenda for Change (AfC) pay scale for Band 3 is £22,816 but the lab technician salary threshold is £23,200 (lower rate) but under the Health and Care Visa it states that the candidate must meet £29,000. If a person does not have a 3-year lab experience as advised on home office, are we not able to sponsor these candidates?

A. Lab technician roles requiring three years' experience are on the Immigration Salary List and therefore have the lower salary threshold of £23,200. Roles requiring less than three years' experience are not included on the ISL and must meet the higher threshold of £29,000. These requirements must be genuine and not included for immigration purposes.

Q. If trusts are unable to sponsor Band 3 roles, does this mean we can reject those applications at shortlisting stage?

A. No. All applications need to be processed fairly and organisations cannot ask about RTW checks until after the points of job offer when RTW checks can take place. This is because the applicant may have another way to meet the RTW checks, for example, another visa type (family visa, dependant). 
We have some information available from a legal perspective on the NHS Employers website.

Q. What will happen to the individual if the minimum salary (eg Band 3 HCSW) is not met when their visa extension is due or when changing to a different visa?

A. If at the point of renewal, the individual does not meet the new salary requirements, they would only be able to work until the expiry date on their existing sponsorship. A new sponsorship would not be valid due to the individual not meeting the new requirements.

Q. Upon reading the extensive guidance on the gov website, I believe it still states a salary of £22,816 is eligible for the occupation code of 6131 (nursing auxiliaries and assistants - Band 3) on a Health and Care Worker Visa. Please can you clarify this. 

A. The minimum salary threshold for a Health and Care Visa is £23,200. The salary table provides the minimum and maximum salary per banding for public pay banding (this is for all staff in the NHS, not just for staff currently on a visa). As the lower pay bracket of £22,816 does not meet the new minimum salary threshold, an individual offered this salary would not be eligible for a Heath and Care Visa.

Q. If a staff member was sponsored before 4 April 2024 but is changing occupation code (changing to new SOC 2020 codes, or change in job role), do they need to meet the new salary thresholds?

A. Yes, when changing occupation code, a new application will need to be made. However, because the individual was sponsored before 4 April 2024, they are eligible to meet the lower going rate of their role, or £29,000, or the going rate whichever is higher. Individuals whose role is on a national pay scale will need to earn a minimum of £23,200 but still be paid at the appropriate banding. 

Q. Can a registered nurse earn £28,407? And is the £23,200 for the unregistered staff? 

A. £28,407 is the basic salary for a band 5 nurse working 37.5 hours per week. The £23,200 salary threshold is the minimum salary employers can pay staff on a Health and Care Visa (eg higher band 3 staff). The £28,407 Band 5 rate can be pro-rated down for shorter working patterns if the individual wishes to work part-time, but the minimum they can earn is £23,200. For example, a nurse working on an entry level Band 5 role earning £28,407 can reduce their hours by up to 18 per cent (or to 30 hours per week) which would take them to around £23,300  and therefore be above the minimum salary threshold.

Q. Does the pay scale of £29,000 apply to NHS staff in admin or non-clinical roles looking to extend their contracts? For instance, staff on Band 4 and is due for extension.

A. Yes. The £29,000 threshold is for eligible roles for any skilled worker sponsored before 4 April 2024 who require a renewal. However, depending on the role, the individual will need to be paid the higher of either the £29,000 threshold, or the going rate for the role. Discounts can apply to the threshold if the individual is under 26 (new entrant), the role is on the Immigration Salary List, of they have a PhD in a relevant subject. 

Q. Does the raise in minimum salary for family visas apply to all roles under the Health and Care Visa route?

A. The new family visa salary threshold is separate to the Health and Care Visa threshold. For a family visa, it states that both the individual and their partner must prove that the combined income is at least £29,000. This is set to increase incrementally to £38,700 by 2025.

Q. Will there be a requirement at some point for a minimum salary of 29,000? (at visa renewal stage etc, for Band 3 roles) 

A. Home Office intend to update all the salary thresholds regularly, including the £23,200 minimum threshold. They are expected to rise over time in line with UK wage inflation (which may or may not match pace with Agenda for Change increases).

Q. I would welcome clearer guidance regarding salaries for those roles eligible for a Health and Care Visa but not on Agenda for Change salaries.

A. Doctors working in the NHS are typically employed on one of a series of bespoke sets of Terms and Conditions of Service TCS (eg consultant, specialist, speciality or 2016 doctor in training, among others).

To be eligible, the applicants salary will need to exceed the going rate for these roles. UKVI maintain a list of the rates for associated roles. These rates are based on the NHS Pay Circular maintained by NHS Employers so individuals employed on these TCS should typically be expected to pass this test. A potential exception to this is with locally employed doctors - these are doctors employed on local terms and conditions so there may be in some variation in how these roles are remunerated. Typically, UKVI will assess the going rate of such roles against the equivalent nodal point of the 2016 Doctor in Training contract so employers may wish to bear this in mind to ensure this is met for applicants.

Q. What will be the basic salary for trust doctors on skilled work sponsorships?

A. Trust doctors (sometimes referred to as locally employed doctors (LEDs), trust grades etc.) are doctors employed by trusts not on one of the nationally negotiated terms and conditions and service. trusts create their own local contracts when employing these individuals.

The Home Office finds that most employers will choose to mirror to greater or lesser extent one of the national contracts, most often the 2016 Doctor in Training contract. This would mean pay in line with the five nodal points using codes MT01-MT05 as per the pay circular.

NHS Employers is aware that some employers still use the old MN37 or other pay scales to pay their LEDs, however, employers doing so will need to be aware these pay scales may not meet the required going rate threshold for the Health and Care Visa applications. The going rate for these roles is generally assessed by UKVI against the 2016 nodal points.

Q. Can someone on a Graduate/Student Visa join the trust as a healthcare assistant?

A. Students and graduates are required to meet the minimum salary threshold for the role they are applying for. If they are applying to be a healthcare assistant on a Health and Care Visa, they will need to meet the salary threshold of £23,200. 

Students or graduates are eligible for a discount of 70 per cent of the jobs going rate (or the minimum salary threshold, whichever is higher) if their most recent visa was a student or graduate visa in the last two years, they will be working towards a recognised qualification, they will be working towards full registration of chartered status of the job being sponsored for or they have a relevant PhD in a STEM subject.

Q. For graduates who have completed their study and want to apply for sponsorship visa at heath sector, can they apply for their dependent at same time or does dependent needs separate visa sponsorship?

A. If applying from outside of the UK for the first time, dependents will need to apply afterwards once the main individual has received their application number. When applying from inside the UK (extending or switching) this can be done at the same time.

Q. What happens with international doctors who reduce their hours once they have joined the trust (and this takes them below the £38,700 salary threshold)? Would they lose their sponsorship?

A. Doctors are one of occupations exempt from the £38,700 threshold by virtue of being a health and care occupation as well as being subject to national pay scales. Hours could be pro-rated but they would need to be paid the same going rate and the reduced hours must not take them below £23,200 per year.

Q. A healthcare assistant (HCA) previously on a student visa that is due to expire wants to work full time. Can they apply for new sponsorship when the HCA salary is below £23,200?

A. No. For sponsorship to be approved, they must meet the new minimum salary threshold of £23,200. Students are eligible for the new entrant discount if they are changing from a Student Visa to a Skilled Worker Visa, but £23,200 is the lowest income they can receive.

Q. Can you include higher cost allowances/enhancements towards the total salary for skilled worker?

A. Yes, as long as the allowances are guaranteed, will be paid for the duration of the applicant’s permission (one-off bonuses are not included and cannot be pro-rated), would be paid to a local settled worker in similar circumstances (such as London weighting) and the allowances are treated exactly the same as basic pay for tax, pension and national insurance purposes.

Q. What is the deadline for people to get an eVisa? And should we encourage staff to apply?

A. An eVisa is an electronic record of someone’s immigration status - there is no deadline for people to get an eVisa. The Home Office is encouraging those who have a biometric residents permit (BRP)expiring at the end of 2024 to create their UKVI accounts so they can access their eVisas and have a smoother transition when it comes to proving their immigration status.

Q. Is everybody allowed to make a UKVI account now? 

A. Since April 2024, BRP holders have been invited to create their UKVI accounts and access eVisas. This is being done in phases before the service can be opened up to all BRP holders in the summer. The Home Office will continue to provide the latest information on gov.uk/eVisas.

Q. Can we still accept visa vignettes for Entry Clearance Visas or will these become electronic as well?

A. Entry Clearance Visa vignettes will continue to be issued until 2025. Further information about decommissioning this process will be provided in due course.

Q. Will the share code/e-visa be updated to include information such as: visa type, status, route, start date, end date and name of the current individual's sponsor?

A. This is something the Home Office is exploring.

Q. How will they get the NI number as this is currently on the biometric card?

A. For individuals who obtain their National Insurance number through their visa application process, and previously had this printed on their BRP, the Home Office will make this available on the customers eVisa in due course.

Q. When checking right to work will we need to check the e-visa and the share code on the employer checking service? If someone has a BRP which expires December 2024, but online checking service status is after this time do we need to ask the employee for an eVisa before BRP expires?

A. Where the most recent check was undertaken before 6 April 2022, and the evidence of status was a physical BRP or BRC that expires on 31 December 2024, this expiry date refers to the document only, and not to the holder’s immigration status. A repeat check is not needed until the employee’s permission is due to expire. If the BRP or BRC confirmed that person has settled status in the UK (also known as indefinite leave to enter or remain), then the check does not have to be repeated. 

If an individual presents a BRP, then you should direct them to the online right to work service to generate a share code, which can be used to check their right to work. BRP holders can use this service to generate a share code even if they do not have a UKVI account. If they wish, employers can direct BRP holders to the eVisa webpage to support individuals with creating a UKVI account.

Q. When asking for share code to check candidates visa status, does this satisfy the right to work and ID check for candidates? Currently we are checking share codes then asking soon to be employees to come into the office for an in person check to verify likeness to satisfy pre-employment checks but it's proving difficult with some international candidates.

A. You need to ensure/satisfy yourself that the person who presents themselves to you is the person you are employing. The share code process alone doesn’t satisfy an identity check. The individual will still need to provide their original photographic ID in person for the employer to undertake a likeness check. This can be on the first day of employment or induction/training, whichever is sooner. Please refer to the Identity checks standard.

Q. Will Home Office guidance on right to work checks be updated to reflect the physical documents that are expiring? Ie with the specific details of when they will expire.

A. The Home Office regularly updates the right to work guidance to reflect changes. NHS Employers will monitor and update any changes on the right to work standards guidance. 

Q. When IR staff arrive and there's a delay in collecting BRP, is the visa enough as proof to add them to payroll?

A. Those permitted to work in the UK are strongly encouraged to collect their BRP before they start work in order to generate a right to work share code for their prospective employer to conduct an online check. 

If the individual needs to start work prior to collecting their BRP, they will be able to evidence their right to work by producing the short validity vignette (sticker) in their passport which they used to travel to the UK. Employers need to conduct a manual right to work check on the basis of this vignette, which must be valid at the time of the check. However, as this will expire 90 calendar days from issue, they will have to repeat the check using the online service, for the statutory excuse to continue.

More information can be found in the ‘Right to work checks: an employer’s guide’ in the section Biometric Residence Permits on the GOV.UK website. 

Q. What is suggested practise for continuing to monitor RTW if another employer is sponsor?

A. There is no requirement for employers to continue to monitor an individual’s eligibility to work if they are sponsored by another employer. Right to work checks must be conducted prior to the commencement of employment and at the point at which the employee’s immigration permission is due to expire, as confirmed via the initial check. 

However, employers will no longer have a statutory excuse if, during the course of employment, they become aware that a sponsored worker is working in breach, and they continue to employ them in spite of that knowledge. 

If, at any point during the course of employment, an employer believes that the sponsored worker may have ceased working for their sponsor, or that their contractual hours have changed, they should request further information to confirm whether the worker is still eligible to carry out the supplementary employment. 

If an employer identifies that the sponsored worker is working in breach they are required to take the appropriate action. This may include contacting the Home Office for support or taking steps to terminate employment. Further information is available on the GOV.UK website (Annex B).

Q. When completing a right to work check, it does not confirm the current sponsor information. If an applicant is already sponsored, how do we confirm who the current sponsor is and when will it change to the new employer? 

A. You should ask the worker to provide a letter or other evidence from their sponsor confirming:

• they’re still working for their sponsor
• the job description and occupation code of their sponsored employment 
• their normal working hours

Guidance is available in (Annex B) on GOV.UK website. 

Q. Under the immigration health surcharge (IHS) reimbursement for Health and Care Visas, people working in health and social care sector (non-medical) are eligible for refund of IHS. However, we have found there is not a clear process for Skilled Worker Visa holders. NHSBSA says it is UKVI’s responsibility while UKVI is clear that it is NHSBSA’s responsibility. This adds to processing time.

A. For Health and Care Visa workers, the IHS is removed when they apply for the visa. However, for roles which are not health and care roles but are on the Health and Care Visa, they must follow the reimbursement scheme process and would be for NHSBSA to review.

Q. Please can you confirm if there will be an updated version of the GOV Skilled Worker Visa eligibility checker?

A. As part of the Home Office’s sponsorship transformation programme, the eligibility checker will be built into the process of assigning a CoS. Depending on the timeframe for introducing this, Home Office will consider updating the Skilled Worker Eligibility Checker in the meantime.

Q. We've noticed there are some instances in which being on the ISL disadvantages an individual – for example pharmacy technicians who are on the list of health and care jobs, which aren’t on a national pay scale, so need to earn £29,000 or the lower going rate. However, the role appears on the ISL, and as such must earn £23,200 or your job's full going rate. Assuming this means the standard going rate, pharmacy technicians must therefore earn £30,960 – even though this makes the salary threshold higher than the general threshold of £29,000, which they would need to meet if they weren’t on the ISL?

A. The terminology is perhaps slightly confusing. Full going rate simply means there is no 20 per cent discount, not the difference between the standard and lower going rates. The lower going rate would still apply for Health and Care Worker Visas, so the required rate for pharmacy technicians would be £23,400 (less than the £29,000 which would be required if they weren't on the ISL).

Q. What was the consideration for the age of 26 as a limit? It might just raise questions for discriminating on age.

A. The age 26 limit for new entrant salaries is longstanding policy. It was originally based on analysis by the Migration Advisory Committee of typical pay progression of younger workers.

Q. Now that Resident Labour Market Test has been removed will anything come in its place?

a. The Resident Labour Market Test was removed in December 2020. The government considered other measures, such as salary requirements and the Immigration Skills Charge, were more effective incentives for employers to recruit resident workers over sponsoring migrants. The Home Office keeps all policies under review.

Q. We have multiple applicants from red list countries. There seems to be no clear advice on how we support this. We don't want to say no to a good candidate, but we don't want to incorrectly recruit those residing in red list countries. Please can you advise?

A. Direct applications of candidates from red list countries should not be treated any differently to any other direct application. Direct applications do not breach the NHS Code of Practice. There is a more information available on our webpage on avoiding discrimination and our quick guide on the Code of Practice. 

Q. Can Ukraine refugees work with a refugee visa?

A. Yes – they will be eligible to apply under the Homes for Ukraine scheme. However, in order to practice in the UK applicants will still need to register with the relevant body (GMC, NMC, HCPC). 

Q. When are the 24/25 AFC pay scales going to be published?

A. We do not have a date of when the 2024/25 pay scales are due to be published. 

Q. Where can we find the caseworker guidance?

A. The skilled worker caseworker guidance is available on the Gov.UK website.

Q. I understand that the salary threshold for extensions to visas is a transitional rate (£29,000). Do we have any timescales on how long this will be in place for?

A. No time scales have been provided. Policies are continually reviewed.

Q. Is it possible to have contact details to clarify any areas of confusion? Also, would it be possible to form a network group from the list of attendees so we can bounce complex scenarios off each other as and when they come up?

A. To contact the international recruitment team at NHS employers, please contact: Internationalrecruitment@nhsconfed.org.

NHS Employers host the international recruitment network which is held bi-monthly. You can find out more and register on the NHS Employers website.