Important Updates
Important Updates
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Shortages in construction and hospitality: The MAC’s interim review

March 24, 2023

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Kirsty Moore - web porthole

Kirsty Moore

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9266

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kirsty Moore - web porthole

Kirsty Moore

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9266

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kirsty Moore - web porthole

Kirsty Moore

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9266

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Kirsty Moore

The Migration Advisory Committee (MAC) has concluded an interim review of shortages across the construction and hospitality sectors with a report published on 15 March. This arrived following the government’s request for an expedited report on these specific key sectors, which it said should coincide with the Budget and precedes the MAC’s broader review of shortages, due for completion by June 2023. We reported on the MAC’s full review of the SoL on 1 March, and evidence for that commission must be submitted by 26 May.

The MAC’s review of the Shortage Occupation List (SoL)

The SoL is the official list of occupations assessed by the MAC to be in shortage in the UK. Crucially, not all occupations where shortages exist are on the SoL, but only those in which the shortage is "sensibly" addressed through the recruitment of overseas workers.

Where an occupation is on the SoL, visa application fees are reduced by 25-35%. Employers also benefit from a lower salary threshold – the higher of £20,960 or the going rate for the role compared with £26,200 for other applications (from 12 April). Currently, the going rate is reduced by 20% where a role is on the SoL, but the MAC will be recommending scrapping reductions to any going rates so as to avoid undercutting. 

This recommendation adds a further parameter for both the interim and full SoL reviews: only occupations with a going rate of less than £26,200 will be considered. Where an occupation has a going rate of that amount or more, no salary discount will apply. The material benefit of the SoL will be lost for those roles and, the MAC says, the SoL will therefore not be an answer to shortages in those fields.

The Construction and Hospitality Shortage Review is based on the evidence the MAC received and analysed during the narrow window they had to publish their findings. Their recommendations may change once the full review is completed. They were keen to stress the limitations of the interim review, and stakeholders are strongly encouraged to continue to submit evidence for the MAC’s full SoL review.

The report is set against a backdrop of wide economic uncertainty – a technical recession and decline in real wage growth, record high vacancies, relatively low unemployment but increased economic inactivity – all lead to a challenging labour market.

Recommendations in the construction sector

In 2014, 95% of the workforce in this sector was made up of British nationals. The number of non-British national employees has been on the rise. The biggest rise, including since the end of the Brexit transition period, has been of employees from the EEA.

While the construction sector makes up 6% of the UK’s jobs, it made up only 1% of visa applications between December 2020 and August 2022. Of those, most were carpenters, joiners, bricklayers and masons.

In its report, the MAC considered whether the low uptake of Skilled Worker visas across the construction industry negates the benefit of adding construction occupations to the SoL. If employers are not using the immigration system, then this change is not going to help. Fortunately, the MAC acknowledged there would still be a benefit to those employers who are relying on recruitment from abroad, and made the following recommendations:

  • The following occupations should be added to the SoL:
    • 5312: Bricklayers and masons
    • 5313: Roofers, roof tilers and slaters
    • 5315: Carpenters and joiners
    • 5319: Those in construction and building trades not elsewhere classified
    • 5321: Plasterers
  • Dryliners should be reclassified from their current occupation code (8149: Construction operatives not elsewhere classified) to 5321: Plasters.

Recommendations in the hospitality sector

The hospitality sector accounts for 7% of all jobs with 26% non-UK nationals having made up the workforce in 2014. The pandemic, of course, led to a fall in the number of employees, and although the numbers of UK and non-EEA nationals had largely recovered by June 2021, the numbers of EEA nationals had not. Vacancies have been on the rise, and are 72% higher now than in early 2020.

This being said, the MAC made no recommendations for adding hospitality roles to the SoL. They concluded:

  • The evidence received does not prove existing shortages in the industry cannot be filled with domestic recruitment.
  • The 2020 recommendation for the removal of chefs from the SoL should not be reversed.
  • Further evidence and assessment would be needed to decide whether sommeliers should be reclassified as RQF level 3 (and become eligible for Skilled Worker sponsorship).

The MAC also points to other available immigration routes; most students are permitted to work part time during their studies and the Graduate route allows them to work for a further two or three years after completion of their studies. The Youth Mobility Scheme, it argues, could be very useful in this sector, especially if the Home Office extends its eligibility to more nationalities.

Call to action  

The interim report gives us some helpful clues about the MAC’s reasoning when determining whether immigration is a sensible solution to shortages. Arguments for the public interest and economy will likely carry weight, but only if they also agree that shortages cannot be solved through domestic recruitment. Both sectors will need to demonstrate the ways in which they have tried to address shortages using domestic recruitment and will really need to set out the significance of each occupation to the wider industry.

While the MAC’s interim report makes for an interesting read on the general landscape, it is clear that the evidence they have on construction and hospitality shortages is not enough. Certainly the MAC has not yet been compelled by any cases made for reclassifying RQF level 1 and 2 occupations to QQF level 3. Therefore, it is important for stakeholders across these sectors, as well as others, to engage with the full SoL review and provide full, data-backed responses wherever possible.

Need to know more?

For further information, please contact Senior Associate Kirsty Moore at [email protected]. Fragomen can help your business in its engagement with the MAC’s latest Call for Evidence, including by arranging consultation calls, advising more precisely on evidence, providing a complementary tool kit and other explanatory materials, preparing focused submissions and coordinating presentations within and across sectors all to maximise the opportunity and impact of engagement.

This blog was published on 24 March 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Kirsty Moore - web porthole

Kirsty Moore

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9266

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kirsty Moore - web porthole

Kirsty Moore

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9266

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kirsty Moore - web porthole

Kirsty Moore

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9266

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.