04 October 2023
Immigration
Impact Medium
Summary
The Migration Advisory Committee (MAC) has published its report, following a major review of the Shortage Occupation List (SOL). This report follows a public consultation, where employers could submit evidence of the occupations they considered should be added to the SOL.
Key recommendations coming from the report include:
– 8 occupations should be added to the UK-wide SOL, including 3 occupations from the construction sector.
– 2 occupations should be added to the Scotland-only SOL.
– The SOL should not contain RQF 1-2 (lower skilled) occupations, despite the Government providing scope to do so.
– Care workers and senior care workers should remain on the SOL.
Lastly, the MAC has also taken a fundamental look at the what the purpose of the SOL and the benefits are of being included. From this they have recommended that the SOL is abolished. If the Government chooses to retain it, they recommend that the name be changed to be the Immigration Salary Discount List (ISDL).
The Detail
A substantial part of the report focuses on the purpose of the SOL in the UK Immigration system. It outlines the benefits of being on the SOL, which are substantially lower now than in previous years due to changes in the Immigration Rules. The report includes recommendations for future SOL reviews, including either abolishing the SOL or reforming it to address the issue of low-wage employers paying below the general threshold for the Sponsored Worker visa route.
– The discount (80%) to the going rate salary is removed. This discount allows employers to pay below the going rate when recruiting for an occupation on the SOL.
The MAC has previously made this recommendation but it has not been accepted by the Government.
– All occupations on a national pay scale, alongside those where the going rate exceeds the SOL general threshold (£20,960), be made ineligible for the SOL.
– If granted the right to work, asylum seekers should be able to work in any job.
– Sponsorship rules for the Creative Worker visa route are updated, with the reference to the SOL being removed and to allow employers to sponsor any occupation that is currently eligible for the Skilled Worker route without having to perform a labour market test.
– The Home Office attaches a minimum salary threshold to the Create Worker visa.
Occupations recommended to be added to the SOL
Recommended additions to the UK-wide SOL:
– Laboratory technicians (SOC code 3111)
– Pharmaceutical technicians (SOC code 3217)
– Bricklayers and masons (SOC code 5312)
– Roofers, roof tilers and slaters (SOC code 5313)
– Construction and building trades n.e.c (SOC code 5319)
– Animal care services occupations n.e.c (SOC code 6139)
– Care workers and home carers (SOC code 6145) – to remain on the SOL
– Senior care workers (SOC code 6146) – to remain on the SOL
Recommended additions to the Scotland-only SOL:
– Managers and proprietors in forestry, fishing and related services (SOC code 1213)
– Boat and ship builders and repairers (SOC code 5236)
Occupations recommended for reclassification
The role of Sommeliers (SOC code 9273) was recommended for reclassification to RQF 3+ within the existing SOC code. This would make the Sponsored Worker route available, with eligibility restricted to individuals with 3 of more years of full-time experience.
RQF 1-2 occupations
Many RQF 1-2 occupations were reviewed but the MAC concluded that only Care workers and home carers (SOC code 6145) should be added. No further occupations at RQF 1-2 were added to the SOL. This was due to insufficient evidence being provided showing both the shortage and evidence of attempts to alleviate the shortage. In relation to Farm Workers (SOC code 9111), the report referred to the current review being undertaken by the MAC into the Seasonal Worker Visa and commented that the needs of the sector will be reviewed as part of this.
The occupations covered in detail include: Scaffolders, stagers and riggers (SOC code 8141), Crane drivers (SOC code 8221), Mobile machine drivers and operatives (SOC 8229), Pharmacy and other dispensing assistants (SOC code 7114), Electroplaters (SOC code 8118), Routine Inspectors and Testers (SOC code 8133), Sewing machinists (SOC code 8137), Hairdressers and barbers (SOC code 6221), Large Goods Vehicle drivers (SOC code 8211), Bus and coach drivers (SOC code 8213), Shelf fillers (SOC code 9251) and Farm Workers (SOC code 9111).
What this means
We welcome this report and the clear recommendations from the MAC. However, no changes will take place until the Government accepts the report in part or in whole and therefore in the meantime uncertainty remains for the impacted occupations.
If you sponsor workers on the Shortage Occupation List you needn’t do anything just yet.
The Government needs to review the report and decide whether to accept their recommendations. In the short term that should have no impact, because jobs are not being removed from the list. That may change in the medium to long term, but we will need to see if the Government abolishes the SOL, changes the name or does nothing.
If you wish to sponsor workers in any of the job categories being added, you may want to communicate the recommendations to the business. The Government tends to accept these recommendations, but we would suggest caution and that you are clear that it will be at least several weeks, perhaps longer, before we know for certain.
The report provides guidance to organisations considering making submissions for future Calls for Evidence from the MAC and what evidence is required to be successful. This should help ensure any organisations doing so spend their time wisely.
How we can help
When a job is being added, Vialto can perform an analysis of your job description against the SOC code, with an assessment of cost per sponsored worker and minimum salaries.
If the Home Office accepts the recommendation to remove most benefits of the SOL, particularly salary discount, then some assessment will be needed of the impact on minimum salaries for sponsored workers. Our assessment would consider the impact on future hires and extensions.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
• Andrea Als, UK Director and Solicitor | andrea.als@vialto.com
• Lyudmyla Davies, UK Partner and Solicitor | lyudmyla.davies@vialto.com
• Jennifer Harryman, UK Senior Manager | jennifer.harryman@vialto.com
• Ian Robinson, UK Partner | ian.j.robinson@vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com
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