As you may be aware, the Migration Advisory Committee (MAC) have now re-started our commission to review the Shortage Occupation List (SOL). We last reviewed the SOL in 2020, which you can read here. The Government took the unusual step of delaying responses to a number of our recommendations due to the ongoing impacts of COVID but later agreed to some of the recommendations including the recommendation that we enter into a more regular review of the SOL, starting with a major review in 2022. This review was initially commissioned in August 2022, so this is therefore the first major review of the SOL under the agreed recommendation.

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The commissioning letter for the current SOL review and the MAC’s initial response are available here. In addition to the major review of the SOL, the MAC have been asked to consider excluding occupations where there is a “negligible benefit” of being on the SOL. Given the main benefit of inclusion on the SOL is a reduced salary threshold, we have taken the decision to make all occupations on a national pay scale, and those where the going rate is above the general threshold ineligible for the SOL. This has been discussed in stakeholder engagement and was highlighted in the 2021 MAC Annual Report. If you are unsure whether an occupation is now eligible for the SOL, please refer to the Charts Dashboard published in February; if your role is not listed, then it is no longer eligible for the SOL.

We recognise that this change will mean that occupations on national pay scales and those with higher salaries, that may have been on previous SOLs, will now be excluded from the SOL. This decision does not mean that the MAC believes these occupations are not in shortage in the UK, but rather that their inclusion on the SOL would not help that occupation use the immigration system any more effectively to address shortages. We therefore intend to advise these occupations to refrain from providing us evidence, as it will not be considered by the MAC. Should the benefits of the SOL be amended by the Government at any future date then this exclusion would need to be revisited, which we will make clear in our response to Government.

The MAC set out the exceptional reasons for the inclusion of care workers (classed as RQF2) on the SOL in our Review of Adult Social Care 2022. Given the recent nature of this recommendation and the lack of a response from the Government to date, we will not be asking the social care sector to re-submit any evidence to this review for their continued inclusion on the SOL.

The Government have asked that we consider other RQF1-2 occupations for possible inclusion on the SOL. This would provide access to the Skilled Worker route (with reduced SOL salary thresholds) for occupations not normally eligible. However, the Government have made clear that such inclusion should be rare, and so the bar will be set high for such occupations to be considered for inclusion on the SOL. Given the exceptional nature of the potential for inclusion on the SOL for occupations below RQF3, as part of this commission, the MAC will be considering the issue of sunset clauses – ensuring occupations have a clear expectation of how long they can expect to be on the SOL.

As part of a more formalised process to review the SOL, the MAC has revised and cognitively tested the Call for Evidence (CfE) that we use for the SOL with a diverse range of stakeholders. We set this out in our shortage methodology review. We envisage this approach changing very minimally for future SOL reviews, which combined with a more regular timetable for reviews will allow those interacting with us to plan their responses more effectively. Anyone wishing for the MAC to consider their occupation for inclusion in the SOL will need to provide evidence in the form of a response to the Call for Evidence which will be open until 26 May 2023.

We would like to hear whether you would be keen to arrange engagement between the MAC and representatives of eligible sectors.

You will find a list of common questions and answers about the SOL below.

Q&A

Q: What does RQF6/RQF3 mean?

RQF refers to the Regulated Qualifications Framework. When we refer to RQF6/RQF3, we are referring to this framework and its equivalents in the Devolved Nations. RQF6 refers to roles requiring a degree or equivalent training/qualification; RQF3 refers to A-level, NVQ3 and equivalent training/qualification.

Q: How do I know what the “going rate” is for my occupation?

The going rate is the 25th percentile of full-time annual wages, as used in the UK’s immigration system regulations. The Government publishes the going rates, available here. They are derived from the Annual Survey of Hours and Earnings (ASHE) data. The Government is planning to uprate going rates as part of the routine Spring package of Immigration Rules that were laid on 9th March, following which (subject to Parliamentary approval), this will uprate going rates to ASHE 2021 figures.  We have therefore used the uprated figures in our dashboard.

Q: What are the benefits of being a shortage occupation on the SOL?

Being on the SOL currently confers the following benefits:

  • A lower salary threshold (either £20,960 or 80% of the going rate for that occupation, whichever is higher).
  • Reduced visa fees: Standard visa fees for a Skilled Worker visa application range from £625 (less than 3 years) to £1,423 (over 3 years), for occupations on the SOL the costs are £479 and £943 respectively. A saving of just under 25% and just over 35% respectively for the visas.
  • The salary discount that applies to applications for SOL occupations also applies at the time of making an application for settlement (or Indefinite Leave to Remain). Most applicants need to be paid the highest of £26,200 per year, £10.75 per hour, or the ‘going rate’ for their current role. However, if they are in a SOL occupation, they must meet the lower threshold of £20,960, though £10.75 per hour remains the minimum pay. This remains the case where you applied for your Skilled Worker (or Tier 2) visa whilst the occupation was on the SOL, but the occupation has been removed in the intervening period. So as long as the Skilled Worker visa was granted at a time the occupation was recognised as being in shortage, then the settlement application will have the lower general threshold at the time of that application regardless of whether the occupation remains on the SOL (the 20% discount to the going rate does not apply).
  • Although supplementary work is not allowed in most circumstances whilst on a Skilled Worker visa, a Skilled Worker visa holder can engage in supplementary work where that work is in an occupation on the SOL.
  • Asylum seekers whose claim has been outstanding for more than 12 months may apply for permission to work. Under this policy, those who are allowed to work are restricted to jobs on the SOL.

Q: My occupation is RQF1-2, but we would like to be added to the SOL like care workers, what evidence do we need to provide?

It is not possible to provide a proscriptive list of evidence that would be persuasive to the MAC. Things we will consider evidence of include:

  • evidence of shortage
  • why it is not possible to obtain suitable UK based workers
  • how long this shortage has persisted
  • what actions has the employer/sector already been undertaking in an attempt to fill gaps
  • what prevents workers being trained in a timely manner
  • what impacts this shortage has on other industries
  • if the occupation in question has a high public value

Q: My occupation is on a national pay scale, why are you not considering my occupation for inclusion on the SOL when we are in shortage?

The main advantage of being on the SOL for employers at the moment is the ability to apply a reduced salary threshold when recruiting a migrant. This does not apply to occupations which use an agreed national pay scale. The MAC has therefore taken the decision that, whilst we do not in any way suggest that the removal of these occupations from the SOL means that they are not in shortage, their inclusion on the SOL does not provide significant benefit.

Q: My occupation is showing as ineligible for consideration for the SOL, why is this?

Occupations on national pay scales and those with higher salaries, that may have been on previous SOLs, are now excluded from the SOL. We want to be clear to representatives in those occupations that this decision does not mean that the MAC believes these occupations are not in shortage in the UK, but rather that their inclusion on the SOL would not help that occupation use the immigration system any more effectively to address shortages. We therefore intend to advise these occupations to refrain from providing any information, as it will not be considered by the MAC and would not lead to their inclusion. Should the benefits of the SOL be amended by the Government at any future date, then this exclusion would need to be revisited, which we will make clear in our response to Government.

Q: Why are you only considering occupations who provide a response to your CfE for inclusion on the SOL?

Stakeholder evidence is essential in helping the MAC review occupations to assess whether they meet the requirements for inclusion on the SOL. It will not be possible for the MAC to make an informed recommendation for inclusion without this evidence, which is why we have opened the Call for Evidence for 12 weeks (until 26 May 2023) and will be speaking with stakeholders to help them provide the information needed.

Q: Why does the salary threshold for my occupation mean you are not considering it for inclusion on the SOL?

Occupations on national pay scales and those with higher salaries, that may have been on previous SOLs, are now excluded from the SOL. We want to be clear to representatives in those occupations that this decision does not mean that the MAC believes these occupations are not in shortage in the UK, but rather that their inclusion on the SOL would not help that occupation use the immigration system any more effectively to address any shortages. We therefore intend to advise these occupations to refrain from providing any information, as it will not be considered by the MAC and would not lead to their inclusion. Should the benefits of the SOL be amended by the Government at any future date, then this exclusion would need to be revisited, which we will make clear in our response to Government.

Q: What does this mean for Scotland/NI/Wales?

The MAC has previously recommended that each of the nations of the UK have a SOL. We will be assessing occupations in the UK as a whole but also assessing occupations in each nation. The MAC have previously recommended occupations for each of the Devolved Nation’s individual list, though some of these recommendations were applied UK wide instead of to specific nations by the Home Office.

Q: Why doesn’t Wales/NI have its own SOL?

The MAC recommended the creation of a Wales and Northern Ireland shortage occupation lists in our 2019 SOL review. However, there are currently no specific occupations on these lists, therefore you will not see them in the Immigration Rules at the moment.

Q: If the Government didn’t listen to the MAC for the previous SOL recommendations, why do you think they will listen now?

Historically Government has accepted the vast majority of the MAC’s recommendations. Last time the Government provided exceptional reasons, related to the uncertainty as a result of COVID to delay a decision on some of the MAC recommendations. It is open to the Government to choose which recommendations to accept providing public responses to the recommendations, and the Government will also likely take into account wider issues including political ones.

Q: What recommendations were not accepted by Government from the previous SOL review, and why?

The MAC publishes all responses to our reports. You can find the two responses we received from Government here and here.