MAC Rapid Review into New UK Immigration Salary List

skilled worker visa minimum salary

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The Migration Advisory Committee (MAC) has been commissioned by the Home Secretary to undertake an initial, ‘rapid review’ of the UK Shortage Occupation List (SOL), which is to be renamed the Immigration Salary List (ISL).

The review follows a formal undertaking by the Government to overhaul the SOL in light of the MAC’s October 2023 report, which included a recommendation to abolish the SOL, among other substantive changes to the skilled worker sponsorship system.

The Home Secretary has now asked the committee to consider which occupations from the current shortage occupation list and/or the committee’s recommended list in their October 2023 report should be included on a temporary basis on the new Immigration Salary List, pending a wider review to be commissioned in the near future.

 

Scope of the ISL rapid review

The Home Office states that the shortage list is being reformed with the aim of streamlining skilled worker visa applications based on salary thresholds. As such, the MAC’s initial review will prioritise specific aspects of the ISL:

  • Shortage occupations: The MAC have been tasked with reviewing the current list of shortage occupations as well as its own recommendations in its October 2023 report to produce a temporary Immigration Salary List of shortage roles which will be subject to a wide, more in-depth review.
  • Salary threshold scrutiny: The MAC will assess the chosen salary thresholds, evaluating their accuracy in reflecting market rates and ensuring they attract genuinely skilled workers.
  • Benefits and potential glitches: The review will delve into the benefits of the ISL compared to the old SOL, identifying areas for improvement and potential unintended consequences.

Based on the review’s findings, the ISL is expected to be amended to include additional occupations and revised salary thresholds. More fundamental, structural changes could also follow, depending on the MAC’s recommendations.

 

Timescales

The MAC is expected to publish its report by 23 February 2024.

The MAC’s findings will be reviewed by the Government, but are largely expected to form the basis of the new ISL, which should come into force in April 2024 as part of the Spring Immigration Rules.

This rapid review is set to be followed by a more comprehensive analysis of the entire skilled worker visa system in the near future.

 

Other changes

Discounted salary roles abolished

The ability to sponsor workers using a discounted salary for shortage roles will also be abolished as part of the new rules in the Spring.

 

Occupational Coding System

The Home Office has also accepted the MAC’s recommendation in its October 2023 report to use the National Statistics’ Standard Occupational Code 2020 coding system to update the going salary rates for occupations. These updated figures will apply from April 2024.

 

Need assistance?

The UK’s skilled worker immigration system continues to attract criticism from all stakeholders. While review and reform will generally be welcomed, the focus must remain on creating a system that benefits both employers and migrants while supporting the UK’s economic needs.

As well as this rapid review, employers and visa applicants should be aware of the wider review and potential changes to the ISL in the coming months – the findings of which could significantly impact future immigration policies.

Staying informed about updates and potentially adjusting recruitment strategies or application plans will be critical to ensuring compliance with any new rules and to optimise overseas talent mobility and recruitment programmes and budgets.

DavidsonMorris are UK immigration specialists for employers. For expert guidance on the impact to your organisation of changes to the rules on sponsoring overseas workers, contact us.

Last updated: 22 January 2024

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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