Recruitment from abroad still on the menu

Iain Grant is a Senior Associate at Gilson Gray

On top of the challenges of Covid-19, we are increasingly seeing the skills shortage impacting on Scottish businesses.

If that were not challenging enough, the shifting tides of post-Brexit rules over who is permitted to work in the UK changes frequently as the UK government adjusts to its status outside the European Union. For example, in early 2021 we welcomed chefs with open arms. Now we tell them they are no longer a ‘shortage occupation’ so don’t have enough points to come.

As a result of the uncertainties and changing rules, some UK hotels are having to cut back the number of bookings they accept, because they no longer have the confidence that they will have enough staff to cope. Other businesses are closing their kitchens on certain days of the week or are having to put expansion plans on hold. This is desperately frustrating for a sector which has suffered so much in the past 18 months.

Chefs are no longer considered to be a ‘shortage occupation’ so don’t have enough points to come to work in post-Brexit Britain

Conversely, UK residents who work in roles where staff shortages are most extreme, are being wooed from all sides, with steep salary increases and a host of additional benefits as golden hellos. Great for them, but not such good news for employers trying to protect already slim profit margins.

Many HR people I have spoken to are having sleepless nights trying to work out what to do for the best. Another factor is that recruitment is just one of their responsibilities but the burden of recruitment is eating up days of their time.

While not suitable for every employer, corporate immigration may be the answer to some resource shortages. Many businesses don’t fully realise that recruitment from abroad remains an option, albeit not always a straightforward one. Companies can sponsor employees from outside the UK to come here to work in a specific role and subject to restrictions.

The first step is for your organisation to obtain a Sponsor Licence from the Home Office. You need to identify suitable people within the company to run the scheme. It’s a big responsibility and you should take advice on the legal obligations which sponsorship brings.

For example, if you obtain a Sponsor Licence and employ someone from outwith the UK, you will have obligations to cooperate with the Home Office, keep various records and monitor the attendance of sponsored workers amongst other things. A failure to follow the rules could lead to your licence being revoked and even potentially criminal sanctions.

So what’s involved with sponsorship? You have to be able to demonstrate to UK Visas and Immigration that you have the correct processes in place, that you have genuine vacancies which meet the standard occupation codes produced by the government and that the salary for the role is above a minimum threshold. You’ll also need to consider if the licence is for long-term employees or specific types of short-term roles.

We normally advise allowing at least three months for a sponsorship application to be approved. This means that planning ahead is even more vital than normal, to ensure you have sufficient staff in place to meet your company’s future needs.

It could be the case that in certain circumstances it might be necessary to consider how your workforce is structured in order to ensure that the roles where you have vacancies are ones which are eligible to be filled by skilled workers. However, this is a complex area and specialist advice should be sought on both immigration and employment law.

Corporate immigration does require a bit of time and effort and there seems little prospect of this process being simplified any time soon. But the good news is that there are experts out there to help you. With the right advice, corporate immigration can offer a way forward for businesses.

Iain Grant is a Senior Associate at Gilson Gray

Recruitment from abroad still on the menu - Iain Grant