The UK Government has therefore introduced various changes to the Immigration Rules to address the fact that, as of 1 January 2021, EU nationals entering the UK will be subject to immigration control in the same way that a non-EU national would be.
This means that those EU nationals entering the UK to take up employment in the UK will now need permission to work in the UK.
The stated intention of the changes to the Immigration Rules is to make it easier for UK employers to recruit from overseas, given that a large segment of the labour pool will now be subject to these additional immigration requirements. The NHS, which has relied heavily on a European workforce, will likely require further reforms to ensure that they can continue to recruit the skilled workers they need.
On 4 March 2021, the Government issued a new Statement of Changes to the Immigration Rules. Some of the changes, which are due to be effective shortly, may assist the NHS in this regard. The Shortage Occupation List has been expanded, which may help the NHS to recruit overseas migrants in the job roles specified below.
The COVID-19 crisis was a wake-up call to many, especially in terms of the strains on the NHS. The NHS has typically been heavily reliant on overseas nationals to enhance and maintain the medical care of the UK population, none more so than during the ongoing pandemic. The Government recognised the importance and shortages of staff last year when the pandemic was at its height and introduced a visa route specifically for Health and Care workers. In addition, the Government also introduced a fee waiver for NHS workers and their dependants to exempt them from paying the Immigration Health Surcharge.
As mentioned above, several professions have been added to Shortage Occupation List – an official list of occupations for which there are not enough resident workers to fill specific vacancies. The Migration Advisory Committee is commissioned by the Government to undertake regular reviews of the Shortage Occupation List and to make recommendations to the Home Office as and where it sees fit.
The following eight occupations have been added to the Shortage Occupation List in the Health and Care sector:
- Health services and public health managers and directors;
- Residential, day and domiciliary care managers and proprietors;
- Pharmacists;
- Health professionals not elsewhere classified (recognised in Wales and the Government is expanding this to include the rest of the UK);
- Physiotherapists;
- Laboratory technicians (including those not in the health and care sectors);
- Nursing auxiliaries and assistants; and
- Senior care workers.
The addition of these occupations to the list will allow specific individuals with the required skill level to obtain a skilled worker visa in the UK so long as they are offered a job with a salary of at least £20,480 per annum. In the current climate, these changes are vital in ensuring the adequate functioning of the UK’s healthcare system.
Further to the above additions to the Shortage Occupation List, the government also announced the launch of the new Graduate visa route. Under this route, international students will be allowed to remain in the UK for an additional two or three years following the completion of their studies. This will inevitably attract talent and may help the health care sector to recruit those most highly qualified from overseas.
Gherson has a wealth of experience in dealing with UK visa and immigration matters. If you have any specific questions or queries in respect of your particular circumstances, please do not hesitate to contact us, send us an e-mail, or alternatively, follow us on Twitter or LinkedIn to stay up to date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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