The Immigration rules in the UK change on a regular basis, and in recent months some welcome amendments have been made specifically for the construction sector. Unfortunately, there have also been some less welcome ones.
Shortage Occupation List
The Shortage Occupation List (SOL), which defines the types of jobs which are in short supply in the UK, has recently been updated and now includes more construction related roles. The benefit of this is that roles that were not previously eligible for visa sponsorship are now facilitated so that international workers can be recruited and sponsored with discounted salary requirements.
The following jobs are now attracting more relaxed salary criteria for Skilled Worker visa applications:
| Government job code | Job types included within this code | Annual salary payable* |
|---|---|---|
| 5312 | Bricklayers and masons – all jobs | 80% of going rate: £18,640 (£9.48 per hour) |
| 5313 | Roofers, roof tilers and slaters – all jobs | 80% of going rate: £16,160 (£8.29 per hour) |
| 5315 | Carpenters and joiners – all jobs | 80% of going rate: £18,000 (£9.23 per hour) |
| 5319 | Construction and building trades not elsewhere classified – all jobs | 80% of going rate: £17,760 (£9.11 per hour) |
| 5321 | Plasterers – all jobs | 80% of going rate: £19,200 (£9.85 per hour) |
*going rate of 80% of the full rate or the SOL general threshold of £20,960, whichever is higher
This means that employers will benefit from paying lower immigration fees and can pay a lower gross annual salary when sponsoring someone on the Skilled Worker visa route under one of these new codes. Following the considerable increase in the UK’s immigration fees on 4 October 2023 this is very much welcomed.
However, the Migration Advisory Committee (an independent, non-statutory public body that advises the government on migration issues – the MAC) recently published a report on the efficacy of the SOL and concluded that the salary reductions applying to roles which can be found on the SOL should be removed. Indeed, the MAC suggested to perhaps retire the SOL altogether and instead focus more regularly on the adjustment in required salary for all sponsorable jobs. We are currently waiting to see which MAC recommendations the UK Government is prepared to implement. Time may therefore be of the essence for employers who wish to sponsor a worker to carry out a role which can currently be found on the SOL.
The MAC recommendations and salary discount for SOL roles was also a point of contention at the recent political party conferences. Both the Immigration Minister Robert Jenrick MP and his counterpart, Shadow Immigration Minister Stephen Kinnock MP were in agreement that salary discounting for SOL roles were adverse to the broader ambition of raising UK job standards (pay and conditions) for domestic labour force workers and there was shared support for this to be reviewed. We therefore expect policy adjustments to abolish this concession be forthcoming in the new year.
It is important to note that the role does not need to fall within the SOL in order for a business to sponsor an individual to work in the UK construction industry under a Skilled Worker visa. There are a number of other jobs that are covered within the general list of sponsorable government job codes. If you find that an alternative government job code which does not fall within the SOL is more applicable to the role you would like to fill it is fine to opt for that instead.
Increased visa fees
As mentioned previously, jobs which are currently on the SOL attract a reduced visa fee. The new costs for a Skilled Worker visa, on the SOL and standard list, following the recent fee increase (and with further substantive rises effective from January 2024) are:
Three-year visa:
| Visa fee | Applications made outside the UK* | Applications made inside the UK |
|---|---|---|
| Certificate of Sponsorship and Immigration Skills Charge fee | £3,239 | £3,239 |
| Application fee | £719 (per person) or £551 for a role on the SOL (per person)* | £827 (per person) or £551 for a role on the SOL (per person) |
| Immigration Health Surcharge fee | £1,872 per adult and £1,410 per child – these fees are due to increase from 16th January 2024 to £3,105 per adult and £2,328 per child | £1,872 per adult and £1,410 per child – these fees are due to increase from 16th January 2024 to £3,105 per adult and £2,328 per child |
| Optional priority fee | £500 (per person) | £500 (per person) |
*fees payable in local currency and therefore subject to fluctuation
Five-year visa:
| Visa fee | Applications made outside the UK* | Applications made inside the UK |
|---|---|---|
| Certificate and Immigration Skills Charge fee | £5,239 | £5,239 |
| Application fee | £1,420 (per person) or £1,084 for a role on the SOL (per person)* | £1,500 (per person) or £1,084 for a role on the SOL (per person) |
| Immigration Health Surcharge fee | £3,120 per adult and £2,350 per child – these fees are due to increase from 16th January 2024 to £5,175 per adult and £3,880 per child | £3,120 per adult and £2,350 per child – these fees are due to increase from 16th January 2024 to £5,175 per adult and £3,880 per child |
| Optional priority fee | £500 (per person) | £500 (per person) |
*fees payable in local currency and therefore subject to fluctuation
As you will note from the tables above, it is becoming increasingly more costly to sponsor someone to work for your organisation.
Increase in fines for employing illegal workers
There are also compliance changes which are coming into force around employing illegal workers.
It is expected that in early 2024 fines for employing an illegal worker will be increasing to up to £45,000 per worker where it is an employer’s first offence, or up to £60,000 per worker for employers who are repeat offenders. This is a sharp increase from the current fine of up to £20,000 per worker.
It is therefore imperative now more than ever that all organisations, whether sponsoring migrant workers or not, are up to date with all of the rules and processes regarding Right to Work checks and how to undertake them correctly to be protected from being fined.
We know that the Home Office considers the construction industry to be a high-risk sector for illegal working and is a higher priority target for the enforcement officers to inspect.
It is especially important to understand the rules applying to those workers who are not directly employed by you. There are compelling reasons as to why you should seek to ensure and know that these workers have the correct right to work. If illegal workers are removed from your business, it may disrupt your operations and result in reputational damage.
For more information or to discuss the content of this article further and how this may impact your business and how we may be able to help you, please contact the Immigration Team.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at November 2023.