Recruiting International Workers in the UK Hospitality Sector 16
CLH News
Apr/May 2023
Angela Barnes, Head of Business Immigration at Napthens (www.napthens.co.uk), explains the key steps to take when hiring hospitality staff from abroad In what was a thriving industry pre-Covid, hospitality businesses are now one of the most vulnerable markets in the UK economy. Part of the problem is the difficulty in attracting workers back into the sector, especially after many of them left due to the pandemic. Also, the days when bars, hotels, and restaurants could rely on the steady arrival of workers from the EU to fill these crucial roles are gone, adding more pressure to hospitality businesses looking to hire from abroad. Employers now face a myriad of specific immigration laws that make hiring from abroad more complex. In the face of these new challenges, there are important steps and hurdles that hospitality businesses need to be mindful of when recruiting from overseas.
STEP ONE - GETTING A LICENCE If you’re looking to hire skilled workers from overseas, you will first need approval from the Home Office, by way of a Skilled Worker Sponsor License (licence). Applying for a licence can be complex, so it is important that you have a dedicated legal expert guiding you throughout the process. Once you have secured a licence, you can then sponsor skilled workers to carry out the necessary work within the UK. To secure a licence, you will need to submit a suite of corporate documents including, for example, your latest annual accounts, corporate bank statement, Employer’s Liability Insurance Certificate and VAT registration certificate. Other pieces of evidence need to be disclosed, such as confirmation that the company has robust HR processes in place that will ensure compliance with the strict reporting and monitoring requirements placed on all sponsor licence holders. Organisations also need to have appointed key personnel from within the business to manage the sponsorship system.
additional £500. When hiring more than one non-UK national, the costs can start to quickly add up. Once a licence has been granted, potential new staff will need to meet several criteria to be able to work in the UK. This includes a minimum skill level, minimum salary level and they must meet an English language requirement. Typically, a skilled worker using this route will need to be paid a salary of £25,600 (rising to £26,200 on 12 April 2023) or the ‘going rate’ for the role, whichever is the higher. However, there are exceptions to this when an individual can be paid a lower salary. This would include, for example, if the job is on the Shortage Occupation List (SOL) or if the individual qualifies as a ‘new entrant’ to the profession.
GETTING OVER THE LINE Providing that all of the eligibility requirements are met, roles such as chefs, restaurant managers, bar managers, accommodation managers and managers of licenced premises are all eligible for sponsorship. In the last quarter of 2022 alone, approximately 1,300 chefs and 650 Bar Managers entered the UK on a Skilled Worker visa. Although chefs remain eligible for sponsorship, the role was removed from the SOL in 2021, making it more difficult for UK businesses to recruit non-UK chefs under the Skilled Worker route. The SOL comprises those roles deemed by the UK Government to be in short supply within the UK resident labour market, with such roles afforded more relaxed eligibility criteria for sponsored work visa applications. Since 2021, there have been calls for the Government to add chefs back onto the SOL and earlier this month, the Migration Advisory Committee released a call for evidence, in relation to its review of the current SOL. Hospitality businesses should provide evidence before the closing date on May 26th to let the Committee know about their experiences hiring from abroad and how these key roles need to be viewed as critical to the success and longevity of the industry.
THE JOURNEY AHEAD
STEP TWO - GETTING KEY TALENT IN
The UK’s immigration rules are complex and the application process can be overwhelming. Speaking to a business immigration specialist before embarking on the process would be a wise step to ensure recruiting from abroad is a smoother process, and avoid mistakes that may lead to a swathe of unnecessary costs, fees and administrative burdens.
It usually takes the Home Office around 8 weeks to process a licence, but can take longer depending on the capacity of the sponsor licence processing team at any particular time and complexity of the particular application. Whilst there is an option to ‘fast-track’ the application, it is subject to availability – and also costs an
Hospitality businesses and recruiters are working tirelessly to deliver the best service to the UK population. The Government must take further action to make foreign recruitment more accessible and cost-effective, so that the industry is able to focus on delivering the world-class hospitality that our country is renowned for.
On top of all these requirements, a payment fee of £536 for small or charitable sponsors and £1,476 for medium to large sponsors is required.
Gwynedd Pub Diversifies with Community Garden to Support Local Residents programme for Wales from Pub is The Hub in partnership with The Prince’s Countryside Fund. Pub is The Hub, the not-for-profit organisation that helps pubs to diversify and provide essential local services, is supporting projects in rural areas across Wales after receiving a grant of £25,000 from The Prince’s Countryside Fund. Publican Siôn Jones said: “This community garden will give local people the chance to grow their own food in a safe and friendly environment. The raised beds, along with the new accessible pathway, means the project can include everyone from older people with mobility issues, to the disabled to young children.
The Tafarn y Plu, which is also known at the Feathers Inn, in Llanystumdwy, Gwynedd in North Wales, has diversified its pub’s offer by extending its community garden and allotment to help local residents get together and to help combat loneliness and isolation. Expert help and a Community Services Fund grant from Pub is The Hub was provided to help with the purchase of raised beds, the creation of a sensory garden and improved pathways to make the garden more accessible. Volunteers from the village gave over 70 hours of their time to help develop the community garden and get it ready for spring. There are now also opportunities for more volunteers, including those with mobility issues, to be involved in the upkeep of the garden. There are also plans this spring to get the garden’s sensory and wellbeing area ready, which is located near a former Chapel on the site. There are also exciting plans for the local primary school to help with some of the raised beds to educate and show local children how to grow their own food. The pub is located in former Prime Minister David Lloyd George’s home village of Llanystumdwy. It was purchased by members of the local community in 2019 who set up a community benefit society called Menter y Plu. This is the second pub to be supported in diversifying its services as part of a new two-year
He adds: “We also have plans for a self-service garden hut, where people can leave a donation and purchase fresh food grown in the garden. The contact offered by gardening in an allotment environment will be a great help to combat social isolation in this rural area.” Wales Regional Advisor for Pub is The Hub Malcolm Harrison said: “This community garden will be an ideal place for people of all ages to get together and socialise. “This pub is the hub of its local community that is helping people form friendships and connections in a healthy, outdoor environment. We are continuing to help pubs in Wales to diversify to help their local communities whether that is projects such as community gardens, village stores or cafés.”
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