An Immigration Lawyer’s Guide to Hiring From Outside the UK

By Birketts’ Immigration Specialists Sacha Wooldridge and Krishma Bathia (www birketts co uk)

Prior to Brexit, 42% of jobs in the hospitality industr y were filled by EU Nationals, who could previously exercise their free-movement rights without the need for a UK visa Brexit, compounded by those returning home during the pandemic , has heavily impacted the recruitment of workers The Migration Advisor y Committee (‘MAC’) has identified Hospitality as one of the most impacted sectors due to reliance on EU workers (second only to logistics ) As a consequence , one in seven vacancies remain unfilled (double the pre-pandemic level ) with companies now struggling to keep up with the demands of consumers, which, post-pandemic are growing rapidly and demand now exceeding pre-pandemic levels As a result, some establishments have completely closed, some are operating at a reduced capacity and others have had to reduce trading hours to maintain ser vice standards

In a bid to tackle the recruitment crisis industr y leaders petitioned the Government to allow EU nationals to come to the UK to work in hospitality for up to two years This was rejected It is understood that the Government was guided by the MAC who identified hospitality as a sector where risk of worker exploitation was a concern indicating that Exploitation may be a problem where the migrant is tied to a specific sector this is one reason that the MAC has generally not been suppor tive of occupation or sector-specific visas ” In addition, a repor t found that 67% of hospitality roles could potentially be automated The sector however disagrees; noting a desire from consumers for personal ser vice

Whilst a sector-specific two year hospitality visa isn’t for thcoming, there does remain hope that the UK will negotiate the EU becoming par tners in the Youth Mobility visa programme – a two year, unsponsored, working holiday visa for those under 30 years of age which the UK already offers to some commonwealth and other trade par tner countries

In the interim, the industr y is getting to grips with existing immigration options

Retaining Eu Nationals

In 2019, the Home Office introduced the ‘EU Settlement Scheme’, whereby EU Nationals who were residing in the UK before 31st December 2020, could make an application to remain in the UK Anyone holding EU Settlement status can be employed without restriction

The Government expects that the EU Settlement scheme has enabled businesses to “retain their stock of workers ” however it does recognise that “this pool of workers will diminish over the long term[which] may make filling vacancies more difficult especially for sectors dependent on EEA workers who are now ineligible for sponsorship”

Options To Recruit Overseas Workers

Immigration Sponsorship Licence

Companies can apply for a sponsorship licence Currently, the Home Office does allow visa sponsorship for : - Chefs (al evels),

Cater ing and Bar Manager s - Publicans

- Customer ser vice manager s and super visor s

Individuals in such roles can be employed on full-time permanent contracts

Businesses should however note that not all roles are eligible for visa sponsorship - it’s impossible to sponsor front of house staff and more junior positions Industr y leaders have continued to call for some lower skill roles to be added to the Shor tage Occupation List to facilitate sponsorship including waiting staff and hotel receptionists It remains to be seen whether these roles will be added

Benefits Of Sponsoring Visas

Sponsoring an overseas national provides a sense of security for employers Employers typically sponsor some- one for up to five years at a time , during which employees would not be able to work for another employer (although employees are entitled to change roles and secure sponsorship by another company)

Another benefit is that after five years, individuals can apply for indefinite leave to remain – meaning costs are time-limited for businesses and employees benefit with long-term stability for their family

Challenges Of Sponsoring Visas

Cost

This route can be costly for two reasons; firstly the employer will need to pay the employee a set minimum salar y and secondly the cost of making the application is expensive

To break it down, the current application costs are:

Visa Application Fee £610

Immigration Skill Surcharge £1 000 per year of visa duration NB a 64% discount is available for SME businesses

Immigration Health Surcharge £624 per year of visa duration

Cer tificate of Sponsor ship £199

Visa appointment Up to £100

TOTAL £2,533 For a one year v sa

Although some of these fees can be paid by either the employee or employer, it can never theless be a costly process Par ticularly, as the above does not account for costs for English language tests, dependant family, relocation costs flights or accommodation which will all need to be factored in before making and/or accepting an offer

In addition, all visa fees must be paid upfront and in full

Eligibility

As well as cost, individuals also need to meet the English language requirement, which could prove to be challenging for cer tain individuals as written English is tested as well as spoken

Flexibility

The sponsored work visa largely enables full time permanent positions Due to cost, minimum salar y requirements and visa conditions its less likely business will sponsor those wishing to work par t time hours or seasonal contracts

Alternative Visa Routes

Businesses may consider alternative visa routes (if eligible) which include:

- Graduate route - offers the oppor tunity to remain in the UK for at least two years after successfully completing a course in the UK

- Youth Mobility Sc heme - applicable for indiv duals between the age of 18-30, and from a select number of countr ies

- Ancestr y – applicable for commonwealth nationals who have Br itish born grandparents

Recruitment

Although it is common practice to use recruitment agencies to hire workers, it is impor tant to be aware of unscrupulous recruitment practices such as the encouragement of modern slaver y which is common within the industr y

Conclusion

To conclude , currently, there is no shor t-term solution to the hospitality recruitment crisis Despite effor ts to attract workers in the domestic market, organisations will also need to consider alternative visa routes to recruit overseas nationals in order to keep pace within the marketplace