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Legal insights & industry updates

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How to sponsor Chefs as Skilled Workers

News reports have highlighted the particular recruitment difficulties being faced by the hospitality sector in Scotland - a major contributor to the Scottish economy.  

A recent survey conducted by UKHospitality, the British Institute of Innkeeping, and the British Beer and Pub Association highlights the impact staff shortages are currently having on the sector. The survey shows that as a result of shortages, nearly half of operators have had to cut trading hours or capacity in order to cope. 

  • The latest quarterly survey carried out by the Scottish Chambers of Commerce found hiring staff was a challenge, with recruitment difficulties up 10% in the last quarter.
  • And new data from the Altus Group showed businesses were failing, with 200 pubs in England and Wales shutting in the first half of 2022.
  • Paul Waterson from the Scottish Licenced Trade Association said: "Pre-Brexit we were in a good position and then we lost a lot of staff and that is the main problem. This means recovery from the pandemic is halted, the development of the trade has been halted, one in three businesses are trading at different hours and some are shutting down part of the week, it is a very difficult situation."
  • Liam Thomson from UK Hospitality said there were currently 40,000 hospitality vacancies in Scotland.

These measures are reported to be costing the industry £21bn in lost revenue across the UK. 

Chefs, in particular, are in high demand, with 76% of survey respondents stating that they are struggling to recruit these positions. Given the demand for this role, the sector may wish to incorporate UK visa routes into its recruitment strategy.

Navigating the UK visa system can be a daunting process for organisations so we have tried to answer some of the common queries we are receiving from clients in the hospitality sector.

Is visa sponsorship possible? 

Yes. Following changes to the UK visa system in December 2020, it is possible to sponsor a chef under the Skilled Worker visa route (formerly known as Tier 2 General). As a result of these changes, roles which have been assessed by the Home Office as requiring a minimum skill level of RQF level 3 can be sponsored. 

In addition to meeting the minimum skill level set out above, it is out essential that chefs are paid at, or above, the minimum salary threshold for sponsorship. This level of pay is set at £25,600 per annum, although there are some instances where a lower salary of £20,480 may be appropriate. Adjustments may have to be made to these pay rates depending on the number of hours an individual is contracted to work. 

How must does sponsorship cost?

Employers wishing to employ chefs under the skilled worker route must first have a sponsor licence. The cost of a sponsor licence depends on the size of the organisation, with small companies paying a licence fee of £536, and medium/large organisations paying £1,476. Once an organisation has identified a suitable worker, you will need to assign a Certificate of Sponsorship to them at a cost of £199. In addition, employers are also required to pay something called the Immigration Skills Charge which costs £364 per year sponsored worker for small/charitable organisations or £1,000 for medium/large companies.

I don’t have a sponsor licence. What can I do? 

If your organisation does not yet have a sponsor licence, you can make an application to the Home Office. An overview of the licence application process can be found here. Applications are usually processed within eight weeks, although this may take longer if additional compliance checks are carried out as part of the application process. There is also an optional priority application process for an additional £500 fee which can reduce the processing time to two weeks. Priority slots are however limited and allocated on a first-come, first-served basis.

Should your organisation need assistance in applying for a sponsor licence, or wish to explore ways in which immigration could enhance your recruitment strategy, please get in touch with a member of our team to discuss further.

Chefs are in high demand, with 76% of survey respondents stating that they are struggling to recruit these positions. Given the demand for this role, the sector may wish to incorporate UK visa routes into its recruitment strategy.

Tags

immigration, employment law, food and drink