LS Legal News Bulletin
Migration Advisory Committee Recommends the Expansion of the Shortage Occupation List
Tuesday 2nd July 2019
The Migration Advisory Committee (MAC) has recommended that the Shortage Occupation List should be extended. This list is used by the Government to allocate skilled work visas. If the Government accepts the committee proposals then there would be more scope for non-EEA nationals who want to come to the UK and have the skills and qualifications to apply for a job on the Shortage Occupation List.
The independent public body that advises the UK government on migration matters has recommended to add professions including architects, psychologists, vets and web designers to the Shortage Occupation List. The MAC report also calls for occupations already listed on the Shortage Occupation List to be widened to include all roles within the category including medical practitioners and civil engineers.
The committee's review of the Shortage Occupation List would expand the list from just 1% of jobs in the labour market to 9%. Currently, there are just 34 occupations and 143 job titles on the shortage occupation list.
A number of trade associations and business leaders welcomed the report and urged the Government to take heed of its findings. The British Chambers of Commerce said that expanding the Shortage Occupation List will help firms fill vacancies.
The Shortage Occupation List is an official list of skilled occupations that are in high demand in the UK. Overseas candidates can consult the Shortage Occupation List to see which job roles are in high demand before applying for a visa to work in the UK.
If the skilled labour cap of 20,700 workers is reached, then those with occupations on the Shortage Occupation List are given priority to enter the UK. The MAC review was commissioned after the cap was hit last year.
At present when an employer wants to employ a non-EEA national to fill a skilled job vacancy in the UK the employer needs to ensure that the employee has a Tier 2 general or skilled job visa. To secure the visa, the job has to be:
- Advertised in accordance with strict Home Office rules to fulfil the Resident Labour Market Test; or
- On the UK Shortage Occupation List. If the role is on the Shortage Occupation List, the vacancy does not need to be advertised in accordance with the Resident Labour Market Test.
It remains unclear if and when changes will occur. A much-needed expansion of the Shortage Occupation List is a probability but there remains political pressure to maintain the current tough immigration rules as evidenced by the success of the anti-immigration Brexit Party at the recent EU elections. However, the Home Office said that it will respond to the MAC report, but it is anticipated that the proposals will be accepted.
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