Doors A Little More Open For Overseas Construction Tradespeople
Post Brexit, we are all aware that there have been labour shortages across a number of industries that were dependant on overseas workers. One industry that has been hit particularly badly is the construction industry, as a result the Government has added a number of building trades to the list of occupations where a shortage is recognised and an overseas applicant can be treated as a skilled worker.
Similarly, in the fishing industry, experienced deck hand have also been recognised as a trade where the UK has a shortage.
Changes to Appendix Skilled Worker
The new rules coming into effect from 3:00pm on 17 July 2023 requires an applicant who is applying for permission to stay and has, or last had, permission as a Student, to fulfil one of the following conditions on the date of application:
Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
Condition B: the applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance; and the Certificate of Sponsorship must have a start date no earlier than the course completion date; or
Condition C: the applicant must be studying a full-time course of study leading to the award of a PhD with a higher education provider Which has a track record of compliance; and the Certificate Of Sponsorship must have a start date no earlier than 24 months after the start date Of that course.
Please note that the change above also applies to dependants of Students.
Genuineness Requirement
The Home Office has introduced the “Genuineness requirement for a Skilled Worker” which will come into effect from 07 August 2023:
The applicant is now required to show that they:
- Genuinely intend, and be able, to undertake the role for which they are being sponsored; and
- Not intend to undertake employment other than in the role for which they are being sponsored, or as otherwise permitted by conditions of your leave.
Appendix Shortage Occupation has been updated with the following SOC codes. This is good news, particularly for the construction industry:
5119 Agriculture and fishing trades not elsewhere classified – only jobs in the fishing industry
5312 Bricklayers and masons – all jobs
5313 Roofers, roof tilers and slaters – all jobs
5315 Carpenters and joiners – all jobs
5319 Construction and building trades not elsewhere classified – all jobs
5321 Plasterers – all jobs
9119 Fishing and other elementary agriculture occupations not elsewhere classified – only deckhands on large fishing vessels (9 metres and above) where the job requires the worker to have at least 3 years’ full-time experience.
If you have an enquiry relating to these legal updates, please get in touch with our Elizabeth Edu from our Immigration Team by email
elizabeth.edu@wellerslawgroup.com or by calling +44 (0) 20 7481 2422