Government Relaxes Shortage Occupation List Requirements

31 Jul 2019, 10 mins ago

The Shortage Occupation List (“SOL”) is a list which details roles where there are not enough resident workers to fill vacancies in the UK. Currently, employers recruiting for these roles do not have to carry out the Resident Labour Market Test (“RLMT”) before they offer the role to a non-EU national.

The Migration Advisory Committee (“MAC”) are currently reviewing the SOL, which was last reviewed in 2013. The MAC have confirmed that the current SOL may be extended to include Health occupations as well as engineering, science, digital and IT, Education, Artistic and creative, skilled chefs and architects.

The expansion of this list suggests that total employment will increase from 1% to around 9%. These changes will impact numerous employers, given that Brexit is creeping up on us all, and the end of EU free movement will therefore restrict the supply of EU workers. In light of this, companies are currently seeking to recruit international workers under the Points Based System.

Hiring under the Shortage Occupation List allows employers not only to be exempt from the RLMT but also to be exempt from the minimum salary threshold that the migrant is expected to meet if they were to eventually settle in the UK. In addition, visa fees are lower and SOL roles are given priority allocation in the event that the cap limit is reached.

Currently, no official date has been provided for when this new SOL will take effect, although this is most likely to be confirmed in the next Statement of Changes to the Immigration Rules to be issued by the Home Office.

Watch this space for more information! There will be many changes due to the new immigration processes that the newly appointed Prime Minister, Boris Johnson intends to implement after Brexit.

If you have any further queries in relation to the above, please do not hesitate to contact us.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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