020 3372 5125 Email us today
Enquire today
New changes to Shortage Occupation List.
New changes to Shortage Occupation List.

New changes to Shortage Occupation List.

How do the new changes to the Shortage Occupation List affect your hiring goals?

Many businesses have been understandably concerned with their ability to meet their staffing requirements after Brexit, as many sectors are currently highly reliant on workers from EEA. This is particularly the case for those who operate in the research, technology, finance, architectural and engineering sectors. The Home Office has long promised to address these issues and had even issued a White Paper on Immigration in December last year indicating the changes it was proposing.  

Earlier this month, a Statement of Change for Immigration Rules was published and as part of that, the Home Office unveiled the amended list of Shortage Occupations. 

First, let’s have a look at what is the Shortage Occupation list. According to the current laws in place, for an employer to hire an overseas migrant, they need to demonstrate, among other requirements, that they have attempted to hire locally and have failed. In short, the job needs to be offered first to the British citizens, those with Indefinite Leave to Remain and for now to the EEA nationals. To demonstrate that the UK business wishing to hire from overseas has achieved this, they are required to carry an exercise that is known as the Resident Labour Market Test. For the jobs that are on the Shortage Occupation List, this exercise is not required. This is because the presumption is that hiring locally is going to be a considerably difficult and onerous process. 

Another important point in respect to the Shortage Occupation List is that jobs found on this list can be sponsored regardless of the qualification level. Tier 2 route is specifically designed for high skill migration. Therefore, there are only a very limited amount of jobs that are below the NQF6 level that can be sponsored via this route. However, the Shortage Occupation List does not have the same limitations. All the jobs on this list can be sponsored for the purposes of the Tier 2 route. 

With the amendments to the Shortage Occupation List, the biggest winners are the industries heavily reliant on Engineering and IT skills. A large number of occupations which are reliant on such skills have been recognised as shortage occupation without any limitations. 

Architects and industries reliant on Architectural skills are another big winners of the changes, as the profession is recognised as a shortage occupation. This is an important step in addressing the concerns within the industry, as it is one of the spheres that is heavily relying on the free movement within the EU to source its talent. 

Large number of professions within the health industry have been recognised as a shortage as well, which should ease the recruitment process of overseas personal.

Another important change targets the food industry. This industry has long been championing for better and faster access to specialist chefs. While the previous versions of the Shortage Occupation list had the Specialist Chef as a shortage, there were considerable limitations to it, one of which was the exclusion of the venues that had takeaway service as part of their business. This has hampered most of the high-street restaurants from accessing the required skills and often made it difficult for them to develop and expand further. The new list that will come in force on 6th October, has eliminated that exclusion, which means that starting from early next month, many businesses within the food industry will be able to finally use the Tier 2 route to fill in the gap in their staff. 

The expansion of Shortage Occupation means that the businesses that are using these skills can now be more competitive and hire the best talent a lot quicker, without having to plan ahead, going through the stage of national recruitment first and only after that look abroad. Such lengthy processes often crippled the entire business. 

While the above is a very welcoming change to many within these particular industries, it cannot be missed that the industries reliant on the lower skilled labour continue to remain in a very difficult and even dangerous position. It is unfortunate that the concerns of these industries have not yet been addressed. In particular the hospitality, the manufacturing and agricultural sectors are extremely vulnerable to the closing down of the access to the EU worker market and their needs need to be addressed urgently.  It has to be mentioned that there are discussions in this respect, and we hope to see some concrete solutions soon. 

It is to be noted that the rest of the requirements in respect of hiring an overseas employee remain the same and there are no special dispensations for the companies that hire to fill in a position that falls under shortage occupation.  

What are the requirements for hiring an overseas migrant?

You will be able to offer sponsorship to an overseas migrant, irrespective of the fact that the occupation you look to hire on is recognised as a shortage, only if you are a holder of an A rated Sponsor Licence. Therefore, if you do not hold the Licence, you will need to apply for one. 

To be considered eligible for a Tier 2 or 5 Sponsor Licence, you will need to show that you are:

  • a genuine business operating within the UK
  • Able to discharge your sponsorship duties
  • Are dependable and reliable, and does not present any threat to UK immigration control
  • Hold all the relevant permissions to operate within your sector. For instance, in respect of the food industry mentioned above, this would be the appropriate food safety certificates and registration with a relevant food authority.

Once you secure the Sponsorship Licence, you will need to offer a sponsorship to the migrant worker nominally, by applying for and assigning a Certificate of Sponsorship to them. There are two types of Certificates, a Restricted Certificate of sponsorship and an Unrestricted one and it will depend on the Migrant’s circumstances, the sector the job is in and the salary to determine the right type that should be issued. You are not allowed to assign one instead of the other and sanctions, including revoking your Licence may apply if you issue the incorrect type of Certificate to your migrant worker. It is therefore imperative that you have the guidance of the best immigration lawyers specialising in Sponsorship Licence and Tier 2 visas. 

Finally, you will have to ensure that the migrant is being paid the appropriate salary. The Appendix J and Appendix K of immigration rules that contain the SoC codes for the occupations capable of being sponsored under Tier 2 route, also contain the minimum amount of salaries that you are expected to pay for each occupation. However, a general minimum salary threshold of £30,000 per annum also applies and no overseas worker can be hired on a salary less then that, unless special exemptions apply. 

What other aspects should be considered by the Licence holder?

If you are already a sponsor, ensuring that you keep complying with your duties remains a key concern. Do not assume that simply because the jobs that you have filled with migrants are recognised as shortage, you will have any leniency from the Home Office. 

You will still be expected to meet all your record-keeping duties, as well as your reporting duties.  

The record-keeping duties mainly revolve around keeping clear records of the migrant’s details, their attendance and ensuring their right to work limits are not exceeded. 

The recording duties, in principal refer to the migrant’s work attendance, change of their circumstances in relation to the employment, as well as a change of circumstances in respect of the Sponsoring business. 

Record keeping and the reporting duties can be quite daunting and Sponsors often fall short of keeping up to date with those. Unfortunately, often by the time, the shortcomings are discovered it is too late, as they are revealed at a Home Office inspection. For this reason, the top immigration lawyers advise that your company carries out compliance audits at least once a year, to ensure you are continuously compliant with your duties. 

If you have any questions about the Sponsor Licence applications or compliance, please call us on 0203 372 5125 or contact us online.

Please call us on 020 3372 5125 or get an online consultation





    Contact our experts in Immigration
    New changes to Shortage Occupation List.
    Immigration Department - Solicitor
    For legal advice
    call us today
    020 3372 5125
    Or complete our online enquiry form to make an appointment





      New changes to Shortage Occupation List.
      New changes to Shortage Occupation List.
      What Our Clients
      Say About Us
      Testimonials
      She is very professional while creating a friendly and comforting relationship with her clients
      I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.
      What Our Clients
      Say About Us
      Testimonials
      Dealing with Rakhi was more like having In house counsel than hiring a law firm
      So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.

      Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.

      She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.

      My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.

      Thank you, my new family and I will be forever grateful!!!!
      What Our Clients
      Say About Us
      Testimonials
      She has been very professional and a reliable person
      Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
      What Our Clients
      Say About Us
      Testimonials
      Rakhi’s passion for her profession supersedes the norm
      On dealing with a very stressful and emotional situation involving my young child. I was personally directed to Rakhi Singal. From the very outset of my situation, Rakhi identified the immediate difficulties I faced and offered me a sympathetic and rational approach to my situation, ensuring that she had a full understanding of my issues and concerns. Rakhi’s approach to my case was monumental and customary to my needs and that of my child, which was a fundamental point for me.

      The communication and support I received in and outside of court was nothing short of extraordinary. Rakhi’s passion for her profession supersedes the norm and is clearly demonstrated through her results.
      What Our Clients
      Say About Us
      Testimonials
      Very detailed advice, friendly and approachable
      Excellent service for my wife's spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
      What Our Clients
      Say About Us
      Testimonials
      Really impressed with Rakhi’s dedication to our case
      Could not be more pleased with the results!

      I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.

      Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
      What Our Clients
      Say About Us
      Testimonials
      She is professional, intelligent, hard worker and cheerful!
      I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
      What Our Clients
      Say About Us
      Testimonials
      Professionalism, Quality, Responsiveness, Value
      Highly recommended. Lusine helped me out with my ILR 10-year continuous residency application. She explained everything to me, and patiently answered all my questions. She also put my mind at ease. They are very quick in replying to my emailed queries. I consulted two other solicitors before someone recommended RVS to me; the first one did not seem quite sure what to do, the second had exorbitant rates. RVS's fees are very reasonable given their professionalism. They give a breakdown of the fee and make sure you understand everything. They also make sure your data is protected; they use a secure upload site for your documents. I am very grateful to them and will definitely recommend them to anyone who needs an immigration solicitor. I would give them 10 stars here if I could.
      What Our Clients
      Say About Us
      Testimonials
      Professionalism, Quality, Responsiveness, Value
      I am so thankful that we found RVS Solicitors. I had an extremely complicated immigration case which has been successful. Lusine and Eylem was extremely patient and helpful during the entire process and went above and beyond to help me. Their knowledge on immigration law is second to none and they explore all possible options in order to help you. I will never be able to thank them enough for their advice, service and compassion.
      What Our Clients
      Say About Us
      Testimonials
      Professionalism
      The best lawyers . They work very professional they help you they always out there for you to help you out in your situation well done RVS Solicitors I will extremely recommend 👍and special thank to Eylem Kara 🙂
      Latest News
      New changes to Shortage Occupation List. New changes to Shortage Occupation List. New changes to Shortage Occupation List. New changes to Shortage Occupation List. New changes to Shortage Occupation List. New changes to Shortage Occupation List.