Skilled Worker Visas in the Restaurant and Hospitality Sector: Which SOC Code?
Some London restaurants and businesses in the hospitality sector think they can't recruit overseas workers following Brexit and the end of free movement for EU nationals. Immigration solicitors say that isn’t strictly true as although it is now a lot harder for UK restaurants and hospitality sector businesses to recruit staff from overseas it is possible to do so if the business applies for a sponsor licence to sponsor employees on skilled worker visas.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For overseas recruitment and sponsor licence advice call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Skilled worker visas for restaurant staff
There are several restaurant and hospitality sector roles included in the government-issued list of jobs allocated a standard occupational classification (SOC) code. Inclusion on the list with code means suitable job applicants can apply for a skilled worker visa to work in the restaurant sector provided that:
- They have the offer of a job
- The job meets the minimum salary threshold and skill threshold
- The prospective employer has a Home Office-issued sponsor licence to sponsor skilled worker visa applicants
- The employer has allocated them a certificate of sponsorship with an appropriate standard occupational classification code
- They meet the eligibility criteria for the skilled worker visa and reach the 70 points required under the UK points-based immigration system
Getting the SOC code right is a vital part of the overseas recruitment process. If a sponsoring employer gets the standard occupational classification code wrong on the certificate of sponsorship the Home Office will refuse to grant the skilled worker visa application. That then leads to additional costs and delays in the recruitment process.
What are the standard occupational classification codes for restaurant workers?
All jobs eligible for a skilled worker visa have a specific standard occupational classification code contained in Appendix Skilled Occupations. The code is a 4-digit number from the Office for National Statistics’ common classification of UK occupational information.
The standard occupational classification codes are important as each code is linked to the going rate for the specified job. The going rate helps determine the minimum salary threshold for the job. That’s why the standard occupational classification code features on the certificate of sponsorship allocated to the skilled worker visa applicant.
Out of all the various SOC codes, these are the ones of relevance to the restaurant and hospitality sector:
| Occupation code | Related jobs |
| 1221 Hotel and accommodation managers and proprietors | Caravan park owner
Hotel manager Landlady (boarding, guest, or lodging house) |
| 1223 Restaurant and catering establishment managers and proprietors | Cafe owner
Fish & chip shopkeeper Operations manager (catering) Restaurant manager Shop manager (takeaway food shop) |
| 1224 Publicans and managers of licensed premises
|
Landlady (public house)
Licensee Manager (wine bar) Publican |
| 1225 Leisure and sports managers
|
Amusement arcade owner
Leisure centre manager Social club manager Theatre manager |
| 5432 Bakers and flour confectioners | Cake decorator Confectioner |
| 5434 Chefs | Chef Chef-manager Head chef Pastry chef |
| 5436 Catering and bar managers | Bar manager Catering manager Floor manager (restaurant) Kitchen manager Steward (club) |
If you get the standard occupational classification code wrong then not only will the skilled worker visa applicant be unsuccessful in getting a skilled worker visa but the Home Office may also investigate. For example, if there is a suspicion that a sponsoring employer has deliberately used the wrong standard occupational classification code to help a job applicant get a skilled worker visa, this could lead to an investigation and depending on the findings the suspension, or in serious cases, the revocation of the sponsor licence.
If a sponsor licence is suspended or revoked it potentially could have a highly damaging impact on your business. Therefore, if you are in any doubt over whether a job description meets the standard occupational classification code, or the individual job applicant has sufficient skills or experience, it is best to speak to a Sponsorship Licence lawyer before going ahead with the certificate of sponsorship allocation. That’s because proactive sponsor licence advice could save your business time and money.
Describing the job accurately
Sponsorship Licence lawyers say that restaurant businesses can encounter problems with sponsor licences and certificates of sponsorship if the job description does not match the certificate. For example, an over-emphasis on table waiting in a job description may make a managerial position appear less skilled or responsible than it is although you may want your floor manager to be versatile enough to have some experience and ability to wait on or your club steward the flexibility to serve drinks.
Restaurant and hospitality SOC codes and tips
It may seem perverse but when recruiting overseas workers using a sponsor licence it can be best to look at the standard occupational classification codes eligible for skilled worker visa applicants before you write the job specification, advert or employment contract. If you look at the standard occupational classification code at the end of the recruitment process the two may not match as closely as they should.
Sponsorship Licence lawyers say the standard occupational classification code and job role are not just important at the start of the recruits’ role in the business. You cannot significantly amend a sponsored worker’s job role without considering the impact on their sponsorship and the continuation of their skilled worker visa. In addition, during an announced or unannounced Home Office audit, individual workers may be interviewed by Home Office officials to check their day-to-day role matches their job description and the standard occupational classification code on their certificate of sponsorship.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on recruiting staff from overseas or on managing your sponsor licence call the business immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.