We would like to remind you that Senior Carers oversee other care workers and are not supposed to be providing care services as their primary duty. Please remember this as the duties of the workers will be investigated if there is a compliance visit in the future.
– Home Office decision letter, Post-Licence Priority team, November 2024.
The above tip was included in a recent decision letter granting two undefined COS to a care company.
Let’s look a bit closer at what this paragraph actually means.
Carer v Senior Carer
As we know, every job for sponsorship must be matched to the most appropriate Standard Occupational Classification (SOC) on the Office of National Statistics (ONS) current list (2020). Each SOC has a corresponding 4-digit number.
- Care workers and home carers – 6135 (SOC 2020)
- Senior care workers – 6136 (SOC 2020)
These were formerly known as 6145 and 6146 under SOC 2010.
Making the SOC match
The best match is not determined by job title alone.
Factors like the experience required, the seniority of the position, and the qualifications needed all play a part in making the right selection.
If you are in a similar situation, trying to decide if 6135 or 6136 is the best SOC match, here are a few things to consider:
- You must check the full job description, considering not only the duties but also the requirements.
- You should consider where the role falls on the organisation chart – who the person reports to, and who reports to them.
With the job description and organisation chart to hand, you can boil it down to a few key questions:
- How much of the role involves direct care (percentage of time) vs supervisory work?
- Does the person need any prior Health and Care training, certifications or qualifications?
- How many years of experience is needed?
Most importantly, does the person have any direct reports? If the answer is ‘no’ then SOC 6136 would not be the best match.
Look beyond the job title
If you said…
“Our senior carers dispense medicine, carers do not”
“Our senior carers have longer experience in care, but do not supervise other staff”.
… the Home Office would raise concerns that your COS (senior carers) may not have been correctly assigned.
A COS may have been incorrectly assigned if the worker:
- Exclusively delivers care to clients
- has few or no supervisory duties; and
- the difference between the senior carer and other carer roles is slightly divergent duties (like dispensing medicine).
If you find out retrospectively that an incorrect SOC has been used – all is not lost. An incorrect SOC can be corrected but we recommend seeking legal advice before taking any further steps.
Key Take away
For sponsors assigning COS without legal support, small hints like this one from the Home Office can help avoid catastrophic mistakes.
But, while helpful, generic advice sometimes raises more questions than it answers.
Choosing the incorrect SOC can be costly and time-consuming to correct.
If a wrong SOC is discovered by the Home Office before you’ve had a chance to rectify the error, it could even lead to your licence being suspended and your employee’s visa getting cancelled.
It is always a good idea to seek tailored legal advice when matching a role to the relevant SOC for sponsorship, and, if you’ve already assigned multiple COS through your SMS, it is worth conducting a periodic review of your sponsorship records with an expert.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
