Wednesday 6 March 2024

In January 2024, the Home Secretary commissioned the Migration Advisory Committee (MAC)  to carry out a rapid review of the current Shortage Occupation List (SOL) and recommend roles for inclusion on an interim Immigration Salary List (ISL). This was following the December 2023  announcement that the SOL would be replaced by the ISL and the 20% going rate discount for SOL roles would be removed.

The interim ISL was published on 23 February 2024 and is expected to be implemented in the Spring Immigration Rules. This change is part of a wider program of reform to the Skilled Worker route, which includes both a significant increase in the general minimum earnings threshold for Skilled Workers from the current £26,200 to £38,700 (subject to limited exceptions), as well as the minimum ‘going rate’ salary threshold for each eligible occupation code being increased from the current 25th to the 50th percentile, due to be implemented on 4 April 2024.

The roles recommended for inclusion

The interim ISL includes the following 21 occupations:

UK-wide

• Carpenters and joiners (5316)
• Welding trades – only high integrity pipe welders where the job requires three or more years related on-the-job experience (5213)
• Graphic and multimedia designers (2142)
• Arts officers, producers and directors (3416)
• Musicians – only skilled orchestral musicians who are leaders, principals, sub-principals or numbered string positions and who meet the standard required (3415)
• Dancers and choreographers – only skilled classical ballet dancers or skilled contemporary dancers who meet the standard required (3414)
• Artists (3411)
• Social and humanities scientists – only archaeologists (2115)
• Biological scientists – all non-health and care worker eligible jobs (2112)
• Senior care workers (6136)
• Care workers and home carers – note: private households or individuals (other than sole traders sponsoring someone to work for their business) cannot sponsor Skilled Worker applicants in non-Health and Care Worker eligible jobs (6135)
• Animal care services occupations not elsewhere classified – only ‘racing grooms’, ‘stallion handlers’, ‘stud grooms’, ‘stud hands’, ‘stud handlers’ and ‘work riders’ (6129)
• Construction and building trades not elsewhere classified – only ‘retrofitters’ (5319)
• Roofers, roof tilers and slaters (5314)
• Bricklayers (5313)
• Stonemasons and related trades (5312)
• Pharmaceutical technicians (3212)
• Laboratory technicians – must have three or more years’ experience (3111)

Scotland only

• Chemical scientists – only jobs in the nuclear industry (2111)
• Boat and ship builders and repairers (5235)
• Managers and proprietors in forestry, fishing and related services – only ‘fishing boat masters’ (1212)

The ISL includes significantly fewer roles than the current SOL, representing only 8% of all roles eligible for the Skilled Worker route by employment compared to the approximately 30% represented by the current SOL.

Why are so few roles recommended?

The main reason why so few roles are to be included on the ISL relates to the combination of the removal of the 20% going rate discount and the minimum going rate salaries being increased significantly from the 25th to the 50th percentile. As a result of the significant going rate increases, the current IT and Engineering roles on the SOL will from 4 April 2024 require a minimum salary exceeding £38,700(the new minimum general threshold for the route) thereby creating little benefit (except slightly lower Home Office application fees) to such roles being on ISL as they would no longer receive a salary discount.

Conversely, for many occupations which benefit from the current SOL, once the minimum salary required has been increased to the median salary (50th percentile) the median salary for such occupations shall be lower than the minimum general threshold that shall be required for ISL roles (£30,960). The MAC has therefore not recommended these roles as even the ISL-reduced threshold will be above the salaries paid to the vast majority of workers in these occupations.

Other roles currently included on the SOL but excluded from the ISL are the 22 pay scale occupations. The MAC’s report contends that such roles receive no meaningful benefit from ISL inclusion, as their occupation-specific thresholds are in all cases above the £23,200 general threshold that will apply to all pay scale occupations form April 2024.

What’s next

The Home Office intends to commission the MAC to carry out a further full review of the ISL later this yearinvolving extensive stakeholder engagement, including a Call for Evidence, stakeholder roundtables and a renewed assessment of labour market conditions and quantitative data against the new salary thresholds.

In the meantime, the MAC has requested much needed clarity from the government on the purpose of the ISL and the proposed benefits of inclusion on the list.

Get in touch

Laura Devine Immigration offers strategic advice on all aspects of UK and US immigration and nationality law. If you would like advice on the upcoming changes to the Shortage Occupation List, and how this will affect your business, please contact your assigned LDI lawyer or enquiries@lauradevine.com.