If a company is unable to find an employee with the necessary skills to fill a position, it may seek to sponsor an individual from outside the country who has those skills through the skilled worker route.
The government has relaxed certain eligibility requirements for the skills shortage route in order to encourage businesses to utilize the Universal job market. For example, sponsors may only be required to pay 80% of the market rate for the shortage occupations on the list. Check the shortage occupation list prior to sponsoring an individual from abroad as a Skilled Worker, as this may lower the overall cost of employing the foreign worker.
What is the Shortage Occupation List?
The Shortage Occupation List shows a list of occupations where there is a shortage of skilled labour in the UK. It consists of those job roles regarded by the UK government to be in short supply on the UK resident labour market, and for which eligibility requirements for sponsored skilled worker visa applications are less stringent.
If the job is on the Shortage Occupation List, it is not necessary to meet the full salary threshold. The salary for the job on the Shortage Occupation List must be equivalent to or higher than £20,960 per annum, £10.75 per hour, and 80% of the going rate for the occupation code. The market rate is the minimum wage for a specific occupation code.
If the job is on the list of shortage occupation list, it must be indicated on the Certificate of Sponsorship.
If the job is on the Shortage Occupation List, the visa application fee for a Skilled Worker Visa is reduced.
Migration Advisory Committee (MAC) updates to the Shortage Occupation List
Generally, the Migration Advisory Committee (MAC) makes recommendations for roles to be included on the list in order to meet the requirements of UK businesses and better reflect the selective nature of the UK Points-Based System and sponsored visa applications. The government may then approve the recommendations.
Care employees and in-home carers have been on the Shortage Occupation List since 16 February 2022. These jobs are eligible for the Health and Care Visa, provided that the worker satisfies the requirements and is sponsored by a sponsor who is also eligible. Private households and individuals cannot sponsor care employees, with the exception of sole proprietors who sponsor someone to work for their business.
The MAC released an interim report on labour shortages in the construction and hospitality industries in March 2023. Among the interim recommendations was the addition of certain construction and hospitality positions to the list of insufficiently filled positions. The following five construction positions are anticipated to be added to the SOL prior to the government's summer recess, per the government's acceptance of the recommendations for their addition:
The MAC also recommended that the following hospitality jobs be added to the Shortage Occupation List, but the government has yet to confirm their inclusion:
Following the recommendations of the MAC, the government confirmed in May 2023 that the following seafood industry jobs would be added to the Shortage Occupation List:
Selecting the most appropriate SOC code from the Shortage Occupation List
Employers can view job descriptions, duties, and entry requirements on the Office of National Statistics website in order to determine the correct SOC code for a position.
To avoid any delays or denials of a worker's visa application, it is essential to select the most appropriate occupation code. If the Home Office has reasonable grounds to believe that the sponsor has not selected the correct SOC code or that the vacancy is not genuine, this may result in an announced or unannounced sponsor compliance visit and the suspension of a sponsor licence.
UK Shortage Occupation List 2023
The list shows whether the shortage of labour is in England, Scotland, Wales, or Northern Ireland.
Table 1: a list of shortage occupations where 80% of the going rate for the occupation code may be paid:
Shortage Occupation List Jobs in Health and Care
Shortage Occupation List Jobs in Science/ Engineering
Shortage Occupation List Jobs in IT
Shortage Occupation List Jobs in Professional Services/Medicine/ Other Trades
Shortage Occupation List Jobs in the Creative Sector
Table 2 refers to health and education occupations where the going rates are based on national pay scales:
Shortage Occupation List Jobs in Medicine
Shortage Occupation List Jobs in Therapy
Shortage Occupation List Jobs in Education/ Professional Services
If a company sponsors a worker for a role in the Shortage Occupation list, the employer must have a relevant sponsor license such as Skilled Worker, Global Business Mobility, Scale-up, or Health & Care Worker Sponsor license.
For expert advice and assistance with Sponsor Licence and Skilled Worker visa applications, please contact us on 0203 865 6219 or leave a message.