Letter from Solicitor

[smiles345]

This following letter has been sent to our office from a Solicitor firm [Non British firm] --------------------------------------------------------------------------------------------------------------------------------
I am writing to inform you that we are in the process of forwarding applications to the UKBA for overseas staff on work permits prior to the implementation of the New Point Based system in September 2008.

The judicial review and further grounds on the transitional measures prepared by my firm will support this. You will be aware that work permits for senior carers may not be issued after September 2008.

If you want me to act for you in this regard, please could you forward me a list of all the overseas employees whose visas and work permits expire in 2008 and 2009.

The point-based system comes in force in September 2008 and we need to assess your position as a provider and protect the overseas staff. I propose to process all the applications as I am for other larger groups. I am offering 10% discount to all providers who instruct the firm.
look forward to hearing from you.
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What happens after 2008 for the people who hold Senior Carer WP ?
Thanx in advance

[vinny]

Please note the work permit arrangements are due to be deleted later this year when the new points-based system Skilled workers of Tier 2 is launched. These arrangements will include sports people and ministers of religion unless they are coming here temporarily and they will need to apply under Tier 5 - temporary worker.

See also House of Commons debates Thursday, 20 March 2008 regarding transitional measures for Senior Care Workers:

Although the work permits regime needed to be implemented in a robust way, to ensure an adequate defence against wage undercutting or displacement of resident labour, I asked for a number of transitional measures to be put in place. That was important to ensure continuity of care in the social care sector, which might have been put in jeopardy. The transitional arrangements allowed a waiver of some of the minimum requirements of the job. As the hon. Gentleman said, they allowed an exceptional in-country extension to be granted for 12 months to give people time to make up their leave to settlement. The discretion was provided to consider cases six months after leave had expired.

The lion's share of people in senior care worker posts whose employers were seeking to re-employ them benefited from those transitional measures. According to facts and figures that I saw a few months ago, about 80 per cent. of people were satisfactorily accommodated within those arrangements. In a work permit application, the key is that the application must be submitted by an employer rather than an individual. The employer is, therefore, in pole position, so it is important that individuals in question do indeed have a job in order for their employer to apply for leave.