Boris Johnson accused of ‘cynical broken promise’ as some foreign NHS and care staff still pay surcharge

Exclusive: Immigration fees to be levied if staff take different job within six months – a loophole not mentioned when prime minister made his U-turn

Thousands of overseas staff working in social care or as cleaners, porters or healthcare assistants will not be automatically free from fees, confirms health minister (Getty/iStock)

Some NHS and care workers will still pay the “immigration surcharge”, prompting an accusation that Boris Johnson’s pledge to exempt them is “a cynical broken promise”.

The controversial fees will be levied if staff take a different job within six months – hitting lower-paid cleaners, porters and carers, especially on zero-hours contracts, it is feared.

The prime minister made no mention of the loophole when he was forced, in May, to grant the exemption, after The Independent exposed the home secretary Priti Patel’s phoney “review” into the controversy.

Ministers have also sparked anger by claiming the six-month stipulation is needed to give health and care staff “an incentive to continue working”.

The public services union Unison warned that “low-paid NHS and social care workers risk missing out on reimbursements”, after the detail was revealed.

“This applies especially to those on zero-hour contracts or who move jobs,” Christina McAnea, its assistant general secretary, told The Independent.

“Ministers say they’ll get their surcharge fees back, but only after six months. This is no way to treat those who’ve been at the forefront of the fight against coronavirus from the off.”

Donna Kinnair, chief executive of the Royal College of Nursing, said: “Not many of the health and social care staff who will have to pay this grossly unfair charge up front will see it as an ‘incentive’ to stay.

“The more detail we hear about these proposals, the more alarming it is that government policy doesn’t reflect the massive workforce shortage facing the social care sector.”

And Holly Lynch, Labour’s shadow immigration minister, said: “It’s clear that it’s a million miles from the spirit of what the prime minister promised.

“This is a cynical broken promise. The government must honour its commitment to dedicated care workers who have put their lives on the line during this crisis.”

The £400 health surcharge, rising to £624 from October, is also paid by spouses and children, meaning the total cost can reach £8,000 for a family of four on a five-year work permit.

Last month, the Home Office confirmed that anyone handed a new health and care visa – being introduced under post-Brexit immigration rules – will be exempt from the surcharge.

There would be “six-month reimbursements” for other staff, it said – prompting criticism that fees would have to be paid, then reclaimed – but without explaining what that would entail.

Now the Department of Health and Social Care has said staff must “have worked in the sector for an appropriate period of time” to receive a refund.

“This reimbursement will be paid in arrears of six-month increments,” said Edward Argar, a health minister.

“This ensures we only reimburse those workers and their families who have worked in the sector for an appropriate period of time. This will also provide an incentive to continue working in the health and care sector.”

“Thousands of overseas staff working as direct care workers in social care or as cleaners, porters or healthcare assistants” would not enjoy automatic exemption, he acknowledged.

Mr Argar has promised further details before the reimbursement scheme is launched “by 1 October 2020”.

The need to apply for refunds will continue even after most foreign care workers are barred by tougher immigration rules, for those arriving through a “youth mobility scheme”.

The government has argued the rules are more generous than Mr Johnson’s original pledge, by providing refunds for anyone affected since the end of March, rather than mid-May.

Refunds of payments made by healthcare professionals on Tier 2 visas who have paid since 31 March 2020 had already started, officials said last month.