Priti Patel had recently announced the introduction of the ‘vindaloo visa’, which came into effect on 6 October 2019. But what exactly is this visa? The vindaloo visa is not actually a new visa, but an amendment to the Tier 2 Shortage Occupation List. The amendment followed the recommendation of the Migration Advisory Committee (MAC).
The reality is that a lot of restaurants rely on their EEA workers as they are unable to sponsor non-EEA workers on a Tier 2 visa. This may be because the job roles are not considered to be ‘highly skilled’. However, there are a limited number of roles which the Home Office recognises as being skilled which includes:
- Executive chef – limited to one per establishment
- Head chef – limited to one per establishment
- Sous chef – limited to one for every four kitchen staff per establishment
- Specialist chef – limited to one per speciality per establishment
The reality is that a lot of restaurants rely on their EEA workers as they are unable to sponsor non-EEA workers on a Tier 2 visa.
Even if the job role falls under one of the above, the second obstacle that restaurants tend to face is that they are unable to sponsor a worker because their restaurant offers a takeaway service. The Shortage Occupation List has a category for skilled chefs, but this category is restricted due to the conditions it imposes, which include:
- There is a minimum salary requirement which is £29,570 after deductions such as accommodation, meals etc
- The chef must have 5 or more years of relevant experience in a role of at least the equivalent level as the current
- The job must not be in outlet which produces fast food or a takeaway service.
Fortunately, the so-called vindaloo visa now allows more restaurants to sponsor non-EEA national chefs as it has removed the takeaway service restriction. This is good news as it finally recognises that many high-end restaurants also provide a takeaway service, but still require skilled chefs. Although it is to be pointed out that they must still meet the other eligibility criteria.
