Sponsor Licence News – UK Shortage Occupation List Updated June 2023
Sponsor licence holders may have missed the news that the UK shortage occupation list was updated on 1 June 2023. Whether a sponsored job is on the shortage occupation list or not can be an important consideration when a UK business is deciding whether to recruit from overseas via the skilled worker visa.
In this blog, our immigration solicitors take a look at the shortage occupation list.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For sponsor licence advice call OTS Solicitors on 0203 959 9123 or contact us online.
What is the shortage occupation list?
The UK government produces a list of occupations that are in short supply with UK business owners struggling to fill those job roles through recruiting British citizens or settled workers.
A job can qualify for a skilled worker visa but not be included on the shortage occupation list. Inclusion on the list just offers advantages to a sponsor licence holder and to sponsored employees.
Who decides what jobs go on the shortage occupation list
The Migration Advisory Committee (MAC) draws up the shortage occupation list and recommends if jobs should be added to or taken off the list. Their recommendations are reviewed by the government and the shortage occupation list is then published. The list is regularly reviewed and jobs are added or taken off the list.
What jobs go on the shortage occupation list?
Any job that meets the criteria for a skilled worker visa and is classed as ‘in shortage’ can be put on the list. As the list is regularly reviewed sponsor licence holders should check whether the job that they are recruiting to fill has been added to the list or remains on it.
Where can you find the shortage occupation list?
The shortage occupation list is contained in the immigration rules as Appendix Skilled Occupations.
Standard occupational classification codes and shortage jobs
Every job on the skilled occupations list that meets the criteria for a skilled worker visa and every job on the shortage occupation list is allocated a standard occupational classification code. This code needs to be quoted when allocating a certificate of sponsorship to an overseas recruit applying for a skilled worker visa. Through this code, Home Office officials can check that the job is on the skilled occupations list and shortage occupation list.
The advantages of a job being on the shortage occupation list
Immigration solicitors say the advantages of a job being on the shortage occupation list are:
- Salary - if the job is on the shortage occupation list the minimum salary threshold payable by the sponsor licence holder is lower as the immigration rules say the salary must be the higher of an annual salary of £20,960 per year, £10.75 per hour or 80% of the going rate for the job’s standard occupational classification code. The going rate is set by the government for each coded job
- Application fee – the visa application fee is lower if a job is on the shortage occupation list
- Second job – if a skilled worker visa holder is employed in a shortage occupation list job, they may also be able to take a second job
- Applying for indefinite leave to remain to settle in the UK is easier if a skilled worker visa holder’s job is on the shortage occupation list. That’s because under the immigration rules a salary discount may apply to the minimum salary threshold for the ILR application
Jobs on the shortage occupation list
Some sponsor licence holders assume that shortage occupation list jobs are limited to employment in the health care sector through the health and care worker visa but that isn’t the case.
Jobs on the shortage occupation list cover the full range of industries and sectors, including:
- Jobs in science and engineering such as code 2111 chemical scientists in the nuclear industry or code 2112 biological scientists and biochemists or code 2121 civil engineers or code 2122 mechanical engineers
- Jobs in IT such as code 2135 IT business analysts, architects and systems designers or code 2136 programmers and software development professionals or code 2137 web design and development professionals or code 2139 information technology and communications professionals not elsewhere classified, limited to cyber security specialists
- Jobs in professional services and medicine and other trades such as code 2216 vets or code 2431 architects or code 3111 laboratory technicians and code 5215 welders (limited to high integrity pipe welders and the job must require 3 or more years’ related on-the-job experience gained through legal working)
- Jobs in the creative sector such as code 3411 artists or code 3414 dancers and choreographers but limited to skilled classical ballet or contemporary dancers who meet the standard required by internationally recognised UK ballet or contemporary dance companies. (In addition, the company must be endorsed as internationally recognised by a UK industry body)
- Jobs in education and professional services such as code 2314 secondary education teachers limited to teachers in maths, physics, science (where an element of physics will be taught), computer science and modern foreign languages or code 2442 social workers
Making sure a job is on the shortage occupation list
Making sure a job is on the shortage occupation list isn’t always easy as some standard occupational classification codes are limited to particular jobs or experience (such as teachers or welders).
Getting the standard occupational classification code wrong and saying a job is on the shortage occupation list when it is not could affect your sponsor licence so it is best to get it right by checking the information on the Office for National Statistics website for the detailed job description and entry requirements against your job advert to ensure that the 2 tally and that the sponsored worker will be doing the job that meets the shortage occupation list criteria.
The construction sector
The government has approved the addition of several construction jobs to the June 2023 shortage occupation list. These include:
- Bricklayers and masons
- Roofers, roof tilers and slaters
- Carpenters and joiners
- Plasterers
- Construction and building trades not elsewhere classified
Navigating the shortage occupation list
Navigating the shortage occupation list isn’t for the faint-hearted because it isn’t always readily apparent if the job you are seeking to fill meets one of the job codes on the list. If there is any doubt you need to do some digging by looking at the ONS site and your job and person specification. It may be straightforward if you want to recruit a vet but less obvious if you want to employ a welder or an information technology expert.
The Sponsorship Licence lawyers at OTS Solicitors can help answer your questions on the shortage occupation list and the allocation of certificates of sponsorship as well as help with the management of your sponsor licence for a fixed monthly retainer. If you are interested in finding out more about our sponsorship licence management service contact solicitor and head of business immigration, Hans Sok Appadu.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For sponsor licence advice call OTS Solicitors on 0203 959 9123 or contact us online.
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