Recruiting International Workers in the UK Hospitality Sector

In what was a thriving industr y pre-Covid hospitality businesses are now one of the most vulnerable markets in the UK economy

Par t 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 impor tant 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 impor tant that you have a dedicated legal exper t guiding you throughout the process Once you have secured a licence , you can then sponsor skilled workers to carr y out the necessar y 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 Cer tificate and VAT registration cer tificate 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 repor ting 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

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

STEP TWO - GETTING KEY TALENT IN

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 par ticular time and complexity of the par ticular application Whilst there is an option to ‘fast-track’ the application, it is subject to availability – and also costs an additional £500 When hiring more than one non-UK national the costs can star t 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 salar y level and they must meet an English language requirement

Typically, a skilled worker using this route will need to be paid a salar y 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 salar y This would include , for example , if the job is on the Shor tage 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 quar ter 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 shor t 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 Advisor y 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 industr y

The Journey Ahead

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 unnecessar y costs, fees and administrative burdens

Hospitality businesses and recruiters are working tirelessly to deliver the best ser vice to the UK population The Government must take fur ther action to make foreign recruitment more accessible and cost-effective , so that the industr y is able to focus on delivering the world-class hospitality that our countr y is renowned for