06 October 2023
Immigration insights
Impact: Medium
Summary
On 3 October 2023, the Migration Advisory Committee (MAC) published a report following a major review of the Shortage Occupation List. Within the detail of the report some interesting recommendations emerged that could result in fundamental (and mostly positive, we believe) changes to the Creative Worker visa route with the abolition of the resident labour market test. However, creative roles could be removed from the Shortage Occupation List which may result in slightly higher salary requirements.
If the recommendations are accepted, we do not expect any immigration rule changes until Spring 2024.
The Detail
As a quick reminder, eligibility for a Creative Worker visa is linked to either:
Shortage Occupation List
The MAC report recommends that job roles associated with the Creative Worker route are no longer eligible for inclusion on the Shortage Occupation List.
This potentially means:
Resident Labour Market Test
The MAC is also recommending that employers are allowed to sponsor any occupation that is currently eligible for the Skilled Worker route without having to perform a resident labour market test.
If this recommendation is taken up by the Home Office, we believe this would be very welcomed indeed by employers. At the moment, the need for a resident labour market test seems an out-of-date requirement that unnecessarily slows the hiring process down – particularly since the test has already been removed for the Skilled Worker category and there is recognised shortage of sufficient numbers of UK-based talent for globally in-demand roles in the creative sector such as VFX artists, for example.
An issue not addressed by the MAC report, but follows from its two main recommendations, are the changes that would need to be made to the current Creative Worker Codes of Practice for certain creative roles – such a performers in tv/film, ballet, dance, opera and theatre. The Codes heavily refer to exemptions to the resident labour market test and the protocol for conducting one where exemptions do not apply.
Going further, if the Home Office does implement the MAC’s recommendations, it may be that the purpose of the Codes no longer exists. If so, none of the three sponsorship eligibility requirements of the Creative Worker visa route mentioned above would apply.
What then? New eligibility requirements for the route? We hope not. Rather, the Home Office could simply make it easier and quicker for employers to bring creatives to the UK as long as they meet certain salary requirements (either the going rates/national minimums/PACT or EQUITY minimums) for the roles they are sponsored under.
When could these changes be implemented?
If the Home Office decides to take up the MAC’s two main recommendations for the Creative Worker visa route, we would not expect these to take effect until late Spring 2024.
If we receive any updates on this matter from the Home Office, we will reach out to you to let you know.
Contact us
To discuss the potential implications of the MAC’s recommendations on your business, please do reach out to us on:
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