UK Health and Care Visa: 20-Hour Limit Exemption Ends 27 August

By Sanwar Ali:

In the face of an acute staffing crisis in health and social care sectors, the UK Government introduced several measures to alleviate the shortage of labour. One significant change was the temporary lift of the 20-hour cap on supplementary work for holders of the Health and Care visa sponsored by an employer with a sponsor licence. This decision recognises the expertise of these professionals and aims to enhance flexibility within the workforce. However, the exemption is set to end on 27 August 2023. This article discusses the implications of this change for both health and care professionals and their employers.

Understanding the Health and Care Visa

The Health and Care visa is a type of Skilled Worker visa aimed at attracting qualified doctors, nurses, allied health professionals, and adult social care professionals to the UK. It offers a more affordable, fast-tracked route to work in the UK's health and care sectors. The visa's criteria include proving job offer in one of the eligible health or care professions, meeting the salary threshold, and having a valid certificate of sponsorship from the employer.

The 20-Hour Additional Work Rule and Its Exemption

Before February 2023, workers on sponsored UK work visas, including the Health and Care visa, were restricted to a maximum of 20 hours of additional work apart from their main occupation. This work had to be either in the same occupation code as their main role or in a profession on the UK's shortage occupation list.

In February 2023, the Home Office decided to lift this 20-hour cap for Health and Care Worker visa holders. Consequently, these professionals could take on unlimited hours of extra work, provided it was also in a health and care occupation. This change aimed to offer staff the opportunity to work for additional employers without worrying about breaching their visa conditions. The decision was temporary and is due to be reviewed on 27 August 2023.

Implications for Health and Care Workers

The lifting of the 20-hour cap has given Health and Care visa holders an opportunity to work more hours and earn extra income, especially during the cost of living crisis. It has also allowed them to gain wider experience and contribute more significantly to the UK's health and care sectors. However, with the exemption ending, these professionals may see a reduction in their working hours and income from August 2023, unless the exemption is continued.

If the exemption ends, Health and Care visa holders will need to update their visa if they want to take up a job that is not an eligible Health and Care Worker visa job or in a shortage occupation or work more than 20 hours in a job in a shortage occupation that's not eligible for a Health and Care Worker visa. To update their visa, they will need to obtain a new certificate of sponsorship from their second employer and include a letter with their application explaining their intention to change their current permission to stay.

Considerations for Employers

While the exemption has brought greater flexibility, it has also underlined the importance for health and care employers to have robust Right to Work systems in place. UK employers are legally required to conduct Right to Work checks on new hires. They could face a civil penalty of up to £20,000 per illegal worker and risk losing their sponsor licence if they don't have evidence of completing a valid Right to Work check.

Looking Ahead

The future of the 20-hour cap exemption is uncertain. The UK Government's decision will depend on the staffing situation in the health and care sectors and the impact of the exemption on the workforce. However, it seems likely that the exemption will be extended given the ongoing health worker shortage.

Sponsoring Health and Care Workers

If your organisation is considering recruiting health or care professionals from overseas, it is important to understand the implications of the changes in the visa rules.

Migrating to the UK

The UK offers several visa routes for foreign nationals looking to work in the country, including the Skilled Worker visa, Innovator Founder visa, Global Talent visa, UK Expansion Worker visa, Global Business Mobility visa, and Senior or Specialist Worker visa. The choice of visa depends on your circumstances, such as your profession, qualifications, and the type of work you plan to do in the UK.

Conclusion

The lifting of the 20-hour additional work cap for Health and Care visa holders has been a significant development for the UK's health and care sectors. However, with the exemption set to end in August 2023, both health and care professionals and their employers need to prepare for the changes that might come. It remains to be seen whether the UK Government will decide to extend the exemption in light of the ongoing health worker shortage.

How Workpermit.com Can Help with Sponsor Licences

If you need help with employing Skilled Workers and help to apply for a Sponsor Licence, including complying with your Sponsor Licence obligations, Workpermit.com can help.

For more information and advice, please contact us at 0344 991 9222 or at london@workpermit.com(link sends e-mail)