In December 2023, the Home Secretary announced pivotal changes to the UK’s immigration framework, introducing the Immigration Salary List (ISL) to replace the Shortage Occupation List (SOL) from April 2024. This transition represents a strategic shift in managing the Skilled Worker route, focusing on providing flexibility and addressing specific sectoral needs. This article delves into the details of the ISL, its intended benefits, and its implications for employers and prospective migrants.

Introduction to the Immigration Salary List

The ISL is designed to identify occupations eligible for a reduced general salary threshold under the Skilled Worker visa route. Unlike the SOL, which focused solely on roles with labor shortages, the ISL includes occupations where a discounted salary threshold is deemed beneficial by the government. This list aims to facilitate employers in hiring for these roles and to open more opportunities for skilled workers in the UK.

Key Features of the Immigration Salary List

• Reduced Salary Thresholds: The ISL offers a reduction in the general salary threshold for specific roles, making it easier for employers to meet the salary requirements. Key reductions include:
  • Skilled Worker route: Reduced from £38,700 to £30,960.
  • Health and Care Worker visa: Reduced from £29,000 to £23,200.
• Occupation-Specific Requirements: Despite the reduced general salary threshold, positions must still meet their specific salary requirements (the ‘going rate’). For example:
  • Archaeologists: Must be paid a minimum of £36,400, even though the general threshold is £30,960, due to the specific salary rate for this occupation.

Purpose and Scope of the ISL

The ISL is not solely a tool for addressing immediate labor shortages. It also aligns with broader government objectives, such as supporting critical industries and promoting economic growth. The ISL includes roles that are strategically important for the UK’s economy and social welfare, encompassing sectors like healthcare, engineering, and the arts.

• Government Intent: The ISL supports government priority sectors and broader policies, ensuring the UK’s competitiveness and innovation.
• Regular Reviews: The ISL will be regularly reviewed and updated. The Migration Advisory Committee (MAC) plans a comprehensive review later in 2024, which will involve extensive stakeholder engagement, including a Call for Evidence to assess current labor market conditions.

Benefits of the ISL

The ISL provides multiple benefits for employers and migrants alike:

• Increased Access to Talent: By lowering the salary thresholds, the ISL allows UK businesses to attract a wider pool of international talent, particularly in specialized fields where domestic skills may be lacking.
• Support for Key Sectors: The ISL covers a diverse range of occupations across various industries, from healthcare to creative arts, thereby supporting sectors that are vital for the UK’s cultural and economic landscape.
• Visa Application Fee Reduction: For roles on the ISL, there is a slight reduction in the visa application fee, providing a minor financial relief for employers and applicants.

Guidance for Employers

Employers looking to hire under the ISL must adhere to specific guidelines to ensure compliance and avoid potential legal issues.

• Certificate of Sponsorship: Employers must clearly indicate if the job is listed on the ISL in the Certificate of Sponsorship.
• Specific Criteria for Certain Roles: Some ISL roles have additional eligibility requirements. For instance:
  • ‘3414 – Dancers and Choreographers’: Only skilled classical ballet dancers or skilled contemporary dancers endorsed by internationally recognized UK ballet or dance companies are eligible.
• Regional Specificity: Certain occupations are region-specific. For example, chemical scientists in the nuclear industry are only included on the ISL for Scotland.
• Working Hours Adjustment: The salary thresholds are based on a standard 37.5-hour workweek and must be adjusted proportionally for roles with different working hours.

Compliance and Accuracy

It is crucial for employers to ensure that all details in the sponsorship application are accurate and reflect the job’s requirements and the applicant’s qualifications. Choosing the correct SOC code is vital, as errors can lead to visa refusals or investigations by the Home Office.

• SOC Code Selection: Employers should use resources like the CASCOT occupation coding tool or consult the Office for National Statistics to select the most appropriate SOC code for the job.
• Ongoing Monitoring: Employers must regularly review the status of sponsored roles and employees to ensure compliance with immigration laws. This includes keeping up with changes to the ISL and adjusting salary offers as needed.

Choosing the Right SOC Code

Selecting the appropriate SOC code is critical for compliance and ensuring a smooth visa application process. Employers must thoroughly research and verify the job descriptions, tasks, and requirements associated with each SOC code to avoid potential delays or refusals.

• Consultation Resources: The CASCOT occupation coding tool and the Office for National Statistics provide valuable insights into job classifications and requirements.
• Compliance Checks: Incorrect SOC code selection or misrepresentation can trigger Home Office investigations and possibly lead to the suspension of the employer’s sponsor licence.

Practical Considerations for Employers

Employers must consider several practical aspects when hiring under the ISL:

• Pro-rating Salaries: For roles with non-standard hours, employers must prorate salaries to ensure they meet the ISL’s requirements. This is essential for part-time positions or jobs with irregular hours.
• Training and Support: Providing training for HR and recruitment teams is essential to understand the ISL requirements and manage the sponsorship process effectively.
• Monitoring and Compliance: Employers should implement regular audits and reviews of their sponsored employees and roles to ensure ongoing compliance with immigration laws.

UK Immigration Salary List 2024 Overview

The ISL includes a wide range of occupations across different sectors, providing a comprehensive framework for employers to navigate the Skilled Worker visa process:

• Fishing:
  • Fishing boat masters (Scotland only), Deckhands on large fishing vessels (9 meters and above) with specific experience requirements.
• Science/Engineering:
  • Chemical scientists in the nuclear industry (Scotland only), Archaeologists, Biological scientists.
• Creative Sector:
  • Graphic and multimedia designers, Skilled dancers and choreographers, Musicians meeting specific criteria.
• Construction:
  • High integrity pipe welders, Stonemasons and related trades, Roofers, and Carpenters.
• Health and Care:
  • Care workers, Senior care workers.
• Other Trades:
  • Racing grooms, stallion handlers, and work riders.

Conclusion and Next Steps

The introduction of the Immigration Salary List represents a significant development in the UK’s immigration policy, offering reduced salary thresholds for specific occupations to attract talent in crucial sectors. Employers and migrants should familiarize themselves with the ISL’s provisions to maximize the opportunities it presents.

For expert advice on Sponsor Licence applications or Skilled Worker visa applications, including those involving the ISL, contact our Temple Gate Solicitors in London at +44 (0) 207 183 8043 or use the enquiry form below.