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Analysis of

the Points
Based System
Revised UK shortage occupation
list for Tier 2 comprising jobs
skilled to NQF level 4 and above

Migration Advisory Committee

March 2011
Migration Advisory Committee
1st Floor
Green Park House
29 Wellesley Road
Croydon
CR0 2AJ
www.ukba.homeoffice.gov.uk/mac
email: MAC@homeoffice.gsi.gov.uk
Analysis of the Points Based System

Revised UK shortage occupation list for


Tier 2 comprising jobs skilled to NQF level
4 and above

Migration Advisory Committee

March 2011
Contents

Contents

Chapter 1 Introduction............................................................................................3

1.1 The Migration Advisory Committee..........................................................3

1.2 Our task...................................................................................................3

1.3 Policy context ..........................................................................................5

1.4 What we did.............................................................................................5

1.5 Structure of the report..............................................................................6

1.6 Thank you................................................................................................6

Chapter 2 Methodology ..........................................................................................7

2.1 Introduction..............................................................................................7

2.2 Stage 1: Occupations skilled to NQF level 4 and above..........................9

2.3 Stage 2: Job titles skilled to NQF level 4 and above..............................10

2.4 Stage 3: Subsets of job titles skilled to NQF level 4 and above.............13

2.5 Conclusions...........................................................................................17

Chapter 3 Analysis of specific jobs in occupations below NQF level 4 ...........19

3.1 Introduction............................................................................................19

3.2 Communication with our corporate partners..........................................19

3.3 Analysis of specific job titles ..................................................................19

Chapter 4 Results, conclusions and next steps.................................................43

4.1 Introduction............................................................................................43

4.2 Recommended revised shortage occupation lists for the UK and


Scotland ................................................................................................43
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

4.3 Conclusions and next steps .................................................................. 53

Annex A Consultation ........................................................................................ 55

A.1 List of organisations that submitted evidence ....................................... 55

A.2 List of individuals / organisations met with ............................................ 56

Abbreviations ............................................................................................................. 57

References .............................................................................................................. 59
Chapter 1: Introduction

The Migration Advisory Committee and secretariat

The Migration Advisory Committee


and secretariat

Chair

Professor David Metcalf CBE

Members

Dr Diane Coyle OBE

Dr Martin Ruhs

Professor Jonathan Wadsworth

Professor Rob Wilson

UK Commission for Employment and Skills representative

Professor Mike Campbell OBE

UK Border Agency observer

Glyn Williams

The secretariat: Vanna Aldin; Samantha Allen; Anne Ball; Alex Barr; Ros Coles;
Cordella Dawson; Stephen Earl; Jeremy Franklin; Mark Franks (head of
secretariat); Kathy Hennessy; Dan James; Daniel Pease; Andrew Watton
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above
Chapter 1 Introduction
Chapter 1: Introduction

1.1 The Migration Advisory 1. “What Standard Occupational


Committee Classification (SOC) codes
should be considered as
1.1 The Migration Advisory Committee graduate level occupations for
(MAC) is a non-departmental public the purposes of Tier 2 of the
body comprised of economists and Points Based System?”; and
migration experts that provides
transparent, independent and 2. “How should the current
evidence-based advice to the Shortage Occupation Lists for
Government on migration issues. The the UK and Scotland be
questions we address are determined revised to remove jobs below
by the Government. graduate level?”

1.2 Previously we have provided advice 1.4 We responded to the first question
on the design of Tiers 1 and 2 of the in a separate report published on 7
Points Based System (PBS) for February 2011 (Migration Advisory
managed migration from outside the Committee, 2011). The
European Economic Area (EEA), the Government announced its
shortage occupation lists used under intention to accept the advice in that
Tier 2, and transitional labour market report in UK Border Agency (2011).
access for citizens of new European In this report we respond to the
Union (EU) accession states. In second of the above questions.
November 2010, we advised on the
first annual limits on Tiers 1 and 2 of 1.5 In the commissioning letter setting
the PBS (Migration Advisory out the Government’s questions to
Committee, 2010a). us, the Minister for Immigration
stated that “the relevant indicator of
1.2 Our task ‘graduate-level’ for this purpose
should be NVQ level 4, the next
1.3 In December 2010, the Government step up from the current minimum
asked the MAC to provide advice in threshold of NVQ 3.” In our report
relation to the minimum skill identifying occupations skilled to
requirement for occupations and job NVQ level 4 and above (Migration
titles under Tier 2. Specifically, the Advisory Committee, 2011) we took
Government has asked that we National Qualifications Framework
answer the following two questions: level 4 and above (NQF4+) as the
relevant benchmark. Although we

3
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

took that level as given for our main • If it is not within an NQF4+
analysis, we discussed further the occupation but is itself (in part or
issue of qualification levels and full) equivalent to NQF4+, it (in
equivalence. part or full) remains on the
shortage occupation lists and
1.6 Both the list of occupations skilled to continues to qualify for the
NQF4+ in Migration Advisory shortage occupation route only.
Committee (2011), and our
recommended revised shortage • If it is not within an NQF4+
occupation lists in this report are occupation and also is not itself
based on Standard Occupational equivalent to NQF4+, it is
Classification (SOC) 2000. We do not removed from the lists, and does
use the updated SOC 2010 not qualify for any Tier 2 routes.
classification published by the Office
for National Statistics (ONS) in June 1.9 This requires that we assess
2010. This is because the datasets whether there are any job titles on
used for our work are not yet the current shortage occupation
available in SOC 2010 format. We lists that:
believe, as discussed in Migration
Advisory Committee (2011), that a • sit within 4-digit SOC
revised list of NQF4+ occupations occupations that are skilled
should be produced once the below NQF4+; but
relevant datasets become available.
• are, in part or full, skilled to at
1.7 The Government’s letter also asked least that level.
that we identify an appropriate
benchmark to enable individuals in 1.10 Some related issues that were not
non-NQF4+ shortage occupations within our remit for either this report
who operate at a skill level equivalent or Migration Advisory Committee
to NQF4+ to continue to qualify for (2011) were whether:
Tier 2, but said that this should not
undermine the policy intention that • individual job titles not on the
the minimum skill level within all Tier current shortage occupation lists
2 routes should be raised to NQF4+. for the UK and Scotland might
be skilled to NQF4+ despite
1.8 The request requires us to review sitting within an occupation not
whether the job titles on the current skilled to that level;
shortage occupation lists for the UK
and Scotland are skilled to NQF4+. • there are current labour
UK Border Agency (2011) implies shortages in the occupations
that the following conditions apply to and job titles on the shortage
such job titles under Tier 2: occupation lists that it is sensible
to fill using non-EEA migrants;
• If it is in an occupation skilled to or
NQF4+, it will continue to qualify
for the shortage occupation, intra- • occupations and job titles skilled
company transfer and Resident to NQF4+ not currently on the
Labour Market Test (RLMT) shortage occupation lists should
routes. be added to them.

4
Chapter 1: Introduction

1.3 Policy context £150,000. The intra-company


transfer, sportsperson and minister
1.11 On 19 July 2010, the Government of religion routes will also be
introduced interim limits on out-of- excluded from this annual limit.
country applications for Tier 1
(General) and in-country and out-of- 1.14 On 16 February 2011, the UK
country applications under the RLMT Border Agency published a
and shortage occupation routes of statement of proposed changes to
Tier 2. Tier 2 (UK Border Agency, 2011).
From April 2011 the minimum skill
1.12 Following a commission from the level for applications under Tier 2 of
Home Secretary, on 18 November the PBS will be raised to one
2010 we published our report on the corresponding to what it described
first annual limits on PBS Tiers 1 and as ‘graduate-level’ occupations.
2 for 2011/12 and supporting policies The Government said that it will use
(Migration Advisory Committee, the list of occupations assessed as
2010a). In that report we set out the NQF4+ and above developed in our
required limits on Tiers 1 and 2, earlier report (Migration Advisory
based on assumptions on matters Committee, 2011) and that the
including the coverage of the limits, shortage occupation list will be
the underlying objective for net amended to remove those job titles
migration and the role of work-related not found to be skilled to NQF4+ in
migration in achieving that objective. this report.
We also set out potential policies to
improve selection of the migrants 1.4 What we did
who have the most to contribute to
the UK. We suggested that, in line 1.15 The timescales for this work did not
with the general objective of allow for a formal call for evidence,
improved selectivity, consideration but we took steps to ensure that our
could be given to raising the corporate partners were aware that
minimum skill level for the RLMT, we were undertaking this work and
shortage occupation and intra- we considered any written
company transfer routes of Tier 2. submissions we received.
Throughout this report where we
1.13 On 23 November 2010, the Home refer to either ‘corporate partners’
Secretary outlined a policy package or just ‘partners’ we mean all
for the PBS that will be introduced parties with an interest in our work
alongside the first annual limits on or its outcomes, so private and
non-EEA migration in April 2011. She public sector employers, trade
announced that the RLMT and unions, representative bodies and
shortage occupation routes will be private individuals are included
subject to an annual limit of 20,700 within this term. We also
places for out-of-country applicants in approached, in particular, partners
the year from April 2011. This limit who we believed were likely to have
will not apply to in-country an interest in job titles most ‘at risk’
applications from individuals already of not meeting the NQF4+ criteria
in the UK, dependants of Tier 2 for inclusion on an amended
migrants, or applications relating to shortage occupation list.
jobs attracting a salary of more than

5
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

1.16 We wrote to over 1,000 corporate 1.6 Thank you


partners. We received around 50
written responses. In addition to 1.20 We recognise that our corporate
considering these written partners have had only limited time
submissions, we also sought the to provide us with input related to
views of our partners through the issues discussed in this report.
discussions and events. We met with We would like to thank all
around 30 corporate partners at individuals and organisations that
various events and meetings. We engaged with us.
have considered the information we
received during these discussions 1.21 A list of those partners who
when forming the recommendations corresponded with us on this issue
in this report. and those who met with us (and
who did not request anonymity) is
1.5 Structure of the report supplied as Annex A to this report.

1.17 Migration Advisory Committee (2011)


detailed our consideration of how to
produce a list of NQF4+ occupations
identified by their SOC 2000 codes
and provided such a list. In Chapter
2, we use this list to identify those job
titles on the shortage occupation lists
that fall within NQF4+ level
occupations. We then consider
methods of assessing the skill level
of job titles in occupations that are
not, as a whole, skilled to NQF4+.

1.18 In Chapter 3, based on our own


analysis and the evidence provided
by our corporate partners, we
consider whether each of the job
titles in those non-NQF4+
occupations on the shortage
occupation lists can be defined as
skilled to NQF4+ in their entirety or in
part.

1.19 Chapter 4 sets out our conclusions


and recommended revisions to the
shortage occupation lists. We use the
shortage occupation lists as presently
published by the Government for this
purpose.

6
Chapter 2: Methodology

Chapter 2 Methodology
Chapter 2: Methodology

2.1 Introduction occupation lists on the basis that


the skill level is below NQF4+ has
2.1 As discussed in Chapter 1, we have proceeded in several stages. Stage
been asked by the Government to 1 consisted of identifying which
identify those job titles on the current occupations we needed to consider
shortage occupation lists that are for this report:
skilled to National Qualification
Framework level 4 or above • We identified 121 occupations
(NQF4+), in order that those job titles as skilled to NQF4+. This was
not skilled to that level may be the subject of our report
removed. This chapter discusses our Migration Advisory Committee
approach to this task. (2011).

2.2 Occupations are categorised • Next, we considered which of


according to the most detailed (4- the 38 occupations on the
digit) level of the Standard current shortage occupation list
Occupational Classification (SOC) are not on the list of the 121
2000, which divides the UK labour NQF4+ occupations. There were
market into 353 separate 12 such occupations.
occupations. In total, 38 occupations
are represented on the current 2.4 For this report, we have considered
shortage occupation lists: only those job titles in those 12
occupations not skilled to NQF4+
• One 4-digit SOC 2000 occupation for removal from the list. Those
(SOC 2125 - chemical engineers) occupations are the focus of
is represented in full on the UK Chapter 3 of this report. They are
shortage occupation list. all on the UK shortage occupation
list, which also applies to Scotland,
• 37 occupations are represented in meaning that no separate
part on the UK and Scotland consideration of the Scotland
shortage occupation lists, in the shortage occupation list was
form of specific job titles that are required. Unless otherwise stated,
embedded within the broader subsequent references to the
occupation. shortage occupation list in this
report are to the current UK list.
2.3 Our approach to considering job titles
for removal from the shortage

7
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

2.5 When considering each individual job within a job title may mean that a
title (or group of closely related job subset of it is skilled to that level. In
titles) within the 12 occupations in stage 3 of our analysis we have
turn, we first considered the job title considered whether a defined
as a whole. This was stage 2 of our NQF4+ subset of the job title should
analysis. In some cases, information remain on the shortage occupation
we have received from our partners list. If, alternatively, information
has been sufficient to enable us to received did not demonstrate that
define the entire job title as skilled to any identifiable subset of the job
NQF4+. In such cases, we title was skilled to NQF4+ we state
recommend that the job title remains that the job title should be removed
on the shortage occupation list in its from the shortage occupation list in
current form. its entirety. The above approach is
illustrated in Box 2.1.
2.6 If a whole job title is not judged to be
skilled to NQF4+, the variation in skill

Box 2.1: Process to identify job titles on the UK shortage occupation list
skilled to NQF level 4 and above

Stage 1: Yes Job title remains


Is the occupation1 on the shortage
skilled to NQF4+? occupation list

No

Stage 2: Yes Job title remains


Is the entire job on the shortage
title skilled to occupation list
NQF4+?
No

Stage 3: Yes Subset of job title


Is a subset of the remains on the
job title skilled to shortage
NQF4+? occupation list

No
Job title removed
from the shortage
occupation list

Note: (1) defined at the 4-digit SOC 2000 level

8
Chapter 2: Methodology

2.7 The remainder of this chapter methodology to identify occupations


discusses our methodological skilled to NQF4+. In this section we
approach in more detail: briefly outline the top-down element
of the methodology that, ultimately,
• In section 2.2 we briefly rehearse provided the basis for our
the methodology used in stage 1, recommended list. We also discuss
set out previously in more detail in the results generated by this
Migration Advisory Committee approach in terms of the
(2011), to identify the 12 occupations identified as skilled to
occupations skilled to below NQF4+.
NQF4+. We list the job titles
associated with those occupations 2.9 Our top-down methodology, and the
that are on the current UK resulting list of occupations skilled
shortage occupation list. to NQF4+, was conducted at the 4-
digit SOC 2000 level.
• In section 2.3 we discuss how, in
stage 2, we assessed the level of 2.10 To identify occupations skilled to
skill of job titles as a whole. NQF4+, we used three top-down
indicators of skill. We used analysis
• In section 2.4 we discuss how, in to identify a threshold value for
stage 3, we identified and defined each. An occupation was deemed
skilled subsets of particular job to have passed as skilled to NQF4+
titles. on an individual indicator if the
value of that indicator for the
• In section 2.5 we offer some occupation lay at, or above, the
concluding remarks. threshold value. Details of the three
top-down indicators are given in
2.2 Stage 1: Occupations skilled to Table 2.1
NQF level 4 and above
2.8 In Migration Advisory Committee
(2011) we presented our

Table 2.1: Our three top-down indicators to identify occupations skilled to NQF level
4 and above
Indicator Definition Data source Threshold value
Annual Survey of
Median hourly earnings
Earnings Hours and Earnings £13.40
of full-time employees
(2010)

Labour Force
Proportion of working-
Survey
Qualifications age, full-time employees 41 per cent
(2007 Q4 –
qualified to NQF4+
2010 Q3)
Office for National
SOC skill level 4-tier skill level hierarchy SOC level 4
Statistics
Note: The full list of occupations and job titles on the current shortage occupation list is available at:
www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

9
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

2.11 For an occupation to be considered 2.15 As described above, our approach


skilled to NQF4+ it had to pass on at to analysing the skill level of
least two out of the three top-down occupations used national-level top-
indicators. According to our down data sources. Equivalent data
approach, 121 of the 353 4-digit SOC are not available for individual job
occupations were skilled to NQF4+. titles, meaning we are more reliant
The 121 occupations covered 39 per on bottom-up information provided
cent of all working-age, full-time by our partners. Our guiding
employees in the UK labour market. principle has nonetheless been to
assess individual job titles in a
2.12 Of the 38 occupations that cover the manner that is consistent with our
job titles on the current shortage top-down approach to analysing
occupation list, 26 were identified as occupations, and to use equivalent
being skilled to NQF4+. Therefore, indicators of skill where possible.
for the purposes of this report, all of This is supplemented by
the job titles on the current shortage consideration of additional
occupation list that are associated indicators of skill that may be
with these 26 occupations are particularly pertinent at the detailed
considered skilled to NQF4+. This is job title level.
consistent with the practice we
adopted in our previous reviews of 2.16 Of the three top-down indicators of
the shortage occupation lists skill discussed in section 2.2, the
(Migration Advisory Committee 2008, SOC skill level indicator cannot be
2009a, 2009b and 2010b). We disaggregated further than the
assumed that if a job title was in a occupational level, and therefore
sufficiently skilled occupation we have not used this indicator
(previously, the required level of skill when assessing job titles. There is,
was NQF level 3 or above (NQF3+)) however, bottom-up evidence
for Tier 2 of the Points Based System available on earnings and the
(PBS), the job title itself was qualifications of the workforce, as
sufficiently skilled. well as qualification requirements,
in certain job titles. If available, we
2.13 In the next section we focus on the used information on earnings and
remaining job titles on the current qualifications when assessing job
shortage occupation list, listed in titles. In addition, we used two
Table 2.2. bottom-up indicators of skill.
Therefore, our four bottom-up
2.3 Stage 2: Job titles skilled to indicators of skill, discussed in more
NQF level 4 and above detail in turn below, are:

2.14 In this section we describe our • pay data;


approach to assessing whether the
job titles listed in Table 2.2 are skilled • information on qualifications;
to NQF4+. In those cases where our
assessment is that the job title as a • evidence related to on-the-job
whole is not skilled to NQF4+, we training or experience; and
have considered whether a subset of
the job title is sufficiently skilled, • information on innate ability
described in section 2.4. requirements.

10
Chapter 2: Methodology

Table 2.2: Job titles on the current UK shortage occupation list embedded within
occupations not skilled to NQF level 4 and above
SOC Occupation title Job title(s)
3113 Engineering technicians Commissioning engineer
Science and engineering
3119 technicians not elsewhere Production controller in the electricity generation industry
classified (n.e.c.)
Roles within visual effects and 2D/3D computer animation for film,
television or video games: animation supervisor; animator;
Photographer and audio- computer graphics supervisor; technical director; CG supervisor;
3434
visual equipment operators modeller; rigging supervisor; rigger; matte painter; texture artist;
compositing artist; producer; production manager; editor; R&D
tools; R&D software; software engineer; system engineer
5215 Welding trades High integrity pipe welder
Metal working production Licensed and military certifying engineer/inspector technician;
5223
and maintenance fitters airframe fitter
Line repairers and cable Overhead linesworker within the electricity transmission and
5243
jointers distribution industry
Electrical/electronic Site supervisor within the electricity transmission and distribution
5249
engineers n.e.c. industry
5431 Butchers, meat cutters Skilled meat boner; skilled meat trimmer
5434 Chefs, cooks Skilled chef
Care assistants and home
6115 Skilled senior care worker
carers
Animal care occupations
6139 Skilled work rider
n.e.c.
Fishing and agriculture-
9119 Skilled sheep shearer
related occupations n.e.c.
Note: The full list of occupations and job titles on the current shortage occupation list is available at:
www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

2.17 We assess bottom-up information on Therefore, if typical pay in a job


pay alongside our top-down data in title is £13.40 per hour or more
two ways: we regard that as a good
indication that the job title is
• If typical (e.g. median) pay in the likely to be skilled to NQF4+.
job title is lower than that in the
occupation as a whole (which is 2.18 Although the above approach is
necessarily skilled below NQF4+ useful in terms of making broad
according to our top-down comparisons between pay in a job
analysis), then that is an title and the wider occupation or
indication that the job title is likely labour market, we have remained
not to be skilled to NQF4+. aware that such comparisons can
only be broadly indicative, for three
• In our top-down analysis of reasons. First, bottom-up earnings
occupations discussed in section data will typically not apply to
2.2, we required hourly pay in an exactly the same time period or be
occupation to exceed the collected or produced in the same
threshold value of £13.40 for it to manner as information in the
pass as skilled on that indicator. Annual Survey of Hours and

11
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Earnings (ASHE) 2010, which Migration Advisory Committee


provided the basis for the £13.40 (2011), we consider other indicators
figure. For instance, the ASHE data of skill at the job title level too. We
we use are for full-time workers only, believe that a similar approach to
while some bottom-up data may also that we used in relation to earnings
relate to part-time workers. Tier 2 can also be applied to information
migrants are not permitted to work on qualifications. There are three
part-time. ways in which information on
qualifications is relevant:
2.19 Second, we have sometimes needed
to convert bottom-up information on • If the proportion qualified to
annual earnings into hourly NQF4+ in the job title is lower
equivalents, in order to make direct than that in the occupation as a
comparisons to our £13.40 whole (again, noting the
benchmark. The rule of thumb we occupation is skilled below
have used to do this is to divide NQF4), that is an indication that
annual earnings by 2,109 in order to the job title may not be skilled to
estimate an hourly equivalent. This is NQF4+.
the ratio between mean annual pay
of full-time employees (£32,178) and • If the proportion qualified to
equivalent mean hourly pay (£15.26) NQF4+ in the job title is lower
in the ASHE 2010. We recognise that than the top-down threshold
this ratio may vary across value of 41 per cent qualified,
occupations, depending on the then that is an additional
degree to which bonus payments indication that the job title is not
contribute to annual remuneration, skilled to NQF4+.
and variation in the average number
of hours worked per year. • If there is a statutory or other
formal requirement to be
2.20 Third, while we believe that pay is a qualified to NQF4+ in order to be
good indicator of skill in an employed in a job, that is a
occupation it is, as discussed strong indication that the job is
elsewhere in this chapter, by no skilled to NQF4+.
means a perfect or all-encompassing
one. For instance, hourly pay in 2.22 The information in relation to the
public sector jobs may not always remaining indicators of skill, on-the-
reflect the skill level of those jobs. job training or experience and
Funding constraints may act to innate ability, is more difficult to
compress pay, and pay may be assess as these indicators are
viewed as only one aspect of a wider harder to measure consistently. In
reward package that has historically Chapter 3 we nonetheless consider
encapsulated other factors, such as such information on a case-by-case
pensions, job satisfaction and basis.
perceived job security. Similar
arguments apply to some private 2.23 In our top-down analysis, we
sector jobs too. recognised that there is no single
perfect measure of skill. We believe
2.21 It is partly for these reasons that, as the same applies to our
in our analysis of occupations in assessment of job titles.

12
Chapter 2: Methodology

Additionally, the extent to which each • In cases where a fully described


of these indicators reflects skill is job title alone is not sufficient to
likely to vary between jobs. For define the skilled subset, we
example, as discussed above, consider the use of additional or
earnings are not always a good alternative benchmarks for
indicator of skill in public sector identifying the NQF4+ subset of
dominated occupations. There are the job title. These include
also some occupations (e.g. chefs) minimum salary, qualifications
where experience is viewed as more and experience criteria.
important than formal qualifications,
while in other occupations (e.g. some 2.26 Therefore, we have defined each
in engineering) qualifications are an NQF4+ subset either by fully
essential pre-requisite. Therefore, describing the skilled subset of the
where necessary, we considered how job title, through the use of
relevant each of the measures alternative benchmarks (for
discussed above is to the job title example, setting an earnings
under consideration. threshold), or through a
combination of these two
2.24 Where job titles were found not to be approaches.
skilled to NQF4+, we next considered
whether any subsets of the job title 2.27 Below, we describe our previous
may be skilled to that level. approach to defining NQF3+
subsets of job titles. We then
2.4 Stage 3: Subsets of job titles discuss the approach adopted in
skilled to NQF level 4 and above this report.

2.25 In Chapter 3, to identify subsets of Previous approach to


job titles skilled to NQF4+, we have defining subsets skilled to
used the same indicators of skill NQF level 3 and above
discussed in section 2.3. Where we
believed there was evidence that a 2.28 In Migration Advisory Committee
significant sufficiently skilled subset (2008) we received evidence that
existed, we considered how to define subsets of several job titles were
it: skilled to NQF3+, and therefore
recommended that these subsets
• If the skilled subset can be be placed on the shortage
satisfactorily defined by its occupation list, despite the broader
description, it is recommended occupation not being skilled to
that a fully described job title is NQF3+. This required us to define
placed on the shortage how a NQF3+ subset of a job title
occupation list. For example, in could be identified.
Chapter 3 we consider whether
such a distinction, in terms of skill 2.29 Within an occupation, pay will
level, can be drawn between usually be positively related to the
overhead linesworkers who work level of skill. On the basis that the
on high voltage lines and those most skilled individuals will typically
who work on lower voltage lines. be the most highly paid, we
recommended using a minimum
pay threshold in the form of a point

13
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

on the pay distribution for the Revised approach to


occupation (eg. skilled chefs). defining subsets skilled to
NQF level 4 and above
2.30 To identify this appropriate point in
the pay distribution we first referred 2.32 We believe that, in general, the
to either bottom-up evidence most highly skilled people within an
provided by our partners, or top-down occupation will be the most highly
analysis of the Labour Force Survey paid. Pay should also be easy to
(LFS), on the proportion of an measure, as information on
occupation that is skilled to NQF3+. earnings must be submitted as part
We then considered whether there of the Tier 2 application.
was likely to be a broad equivalence Additionally, it applies directly to the
between the proportion qualified to UK job the migrant is entering into,
NQF3+ within the occupation and the which avoids problems in trying to
number of jobs at NQF3+, even if not distinguish between the skills held
all of the most highly qualified by the migrant and the skill
individuals are in the most highly requirement for the job, given Tier 2
skilled jobs. The validity of assuming eligibility depends on the latter.
equivalence between the percentage
qualified to a particular skill level and 2.33 In principle, qualifications held by
the percentage of jobs skilled to that an individual migrant could be used
level was discussed in Migration as an indicator of skill level of the
Advisory Committee (2011). Last, we job. In practice, migrants are likely
calculated the point on the pay to hold foreign qualifications, which
distribution, using the ASHE or are often difficult to match to the
another suitable data source, National Qualifications Framework
corresponding to the proportion (NQF). An individual may also hold
identified as skilled to NQF3+ in that a high level of qualification which is
occupation. not relevant to, or required for, the
job they are doing.
2.31 We have used this approach for
various subsets of job titles in past 2.34 The distributions of on-the-job
reviews of the shortage occupation training, experience and innate
list to identify NQF3+ jobs with a pay ability across an occupation are
threshold. In some cases, however, hard to measure consistently and
we received evidence that pay alone reliably, meaning it is not generally
was not necessarily the best possible to set appropriate
measure of skill in that occupation. threshold values based on these
For example, to identify a NQF3+ indicators.
senior care worker job, in Migration
Advisory Committee (2009a), we 2.35 Thus, although we do not rule out
included additional requirements using other measures in principle
alongside a pay threshold relating to when suitable evidence is available,
qualifications and supervisory we believe that in most cases the
responsibility. best criterion for defining NQF4+
subsets of job titles, when job title
alone is not sufficient, is a pay
threshold. We therefore need to

14
Chapter 2: Methodology

consider how the appropriate pay pay distribution, the pay at any
threshold should be chosen. point on that distribution may under-
represent the true skill level of the
Using pay thresholds to job. It is worth noting that setting a
identify NQF4+ jobs low pay threshold for such an
occupation may reinforce this effect
2.36 It is important to treat occupations and perpetuate a cycle of
and job titles equally as the measure dependence on low paid migrant
of skill, set at NQF4+, is the same. labour.
As such, the starting point for setting
any pay benchmark should be the 2.38 Alternatively, one could also use
top-down earnings threshold used in evidence on qualifications to
Migration Advisory Committee (2011) identify a percentile point as before,
to identify occupations skilled to but then apply this to the pay
NQF4+. This pay threshold was distribution for the labour market as
found to be £13.40 per hour. It was a whole, rather than the occupation.
derived by ranking the distribution of But, this would mean that job titles
median hourly earnings of in occupations with low proportions
occupations, and choosing a qualified to NQF4+ would face a
threshold that resulted in 38 per cent higher pay threshold than those in
of the full-time working-age employed occupations with high proportions
workforce being selected. Thirty-eight qualified. To the extent that low
per cent was the target figure since levels of highly qualified workers
38 per cent of full-time working-age are correlated with low levels of pay
employees were found to be skilled across occupations, this would lead
to NQF4+, according to analysis of to higher earnings thresholds, in
the Labour Force Survey (LFS) in absolute terms, for job titles in low
Migration Advisory Committee paying occupations than high
(2011). It seems sensible, therefore, paying ones. This seems counter-
to use £13.40 as a starting point in intuitive.
setting a pay threshold for subsets of
job titles within occupations not 2.39 Table 2.3 provides the thresholds
deemed to be skilled to NQF4+. that result from using the two
approaches above. In each case,
2.37 Another approach would be, in line we estimated the proportion
with Migration Advisory Committee qualified to NQF4+, and calculated
(2008), to identify a point on the pay the associated level of earnings in
distribution for the occupation using the occupation (i.e. if 10 per cent
evidence on the proportion qualified are qualified to NQF4+, we took the
to NQF4+. Setting thresholds in this 90th percentile of the earnings
way has the benefit of accounting for distribution for that occupation). We
the circumstances of the occupation also calculated the associated level
in question. However, this approach of earnings in the labour market as
would lead to lower thresholds for a whole (i.e. if 10 per cent are
occupations that employ low paid qualified to NQF4+, we took the
labour. To the extent that use of 90th percentile of the earnings
relatively low paid migrant workers is distribution in the entire labour
contributing towards compressing the market).

15
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Table 2.3: The proportion of individuals qualified to NQF4+ by occupation and the
associated percentile hourly pay
Per cent Percentile hourly Percentile hourly
SOC Occupation title qualified to pay (£) in pay (£) in whole
NQF4+ occupation labour market
3113 Engineering technicians 35 16.66 15.75
Science and engineering
technicians not
3119 41 12.45 14.33
elsewhere classified
(n.e.c.)
Photographer and audio-
3434 visual equipment 47 12.23 13.27
operators
(1) (2)
5215 Welding trades 3 > 15.5 40.52
Metal working production
5223 15 17.79 23.30
and maintenance fitters
Line repairers and cable (1) (2)
5243 4 > 18.43 36.54
jointers
Electrical/electronic
5249 25 14.33 18.49
engineers n.e.c.
(1) (2)
5431 Butchers, meat cutters 2 > 11.54 46.51
(2) (2)
5434 Chefs, cooks 8 12.34 28.43
Care assistants and
6115 15 11.42 23.30
home carers
Animal care occupations
6139 27 9.19 17.89
n.e.c.
Fishing and agriculture- (1) (2)
9119 5 > 10.82 33.75
related occupations n.e.c.
Note: The per cent qualified to NQF4+ is calculated from the Labour Force Survey. The percentile hourly
pay is estimated from the 2010 Annual Survey of Hours and Earnings and is for full-time employees only.
Hourly pay figures were estimated as the percentiles for each occupation corresponding to (100% minus
the per cent qualified to NQF4+). The published ASHE tables include hourly pay estimates for the 10, 20,
th
25, 30, 40, 50, 60, 70, 75, 80, 90 percentiles for most occupations. Where the desired percentile did not
match the published deciles in ASHE 2010, an average was calculated.
(1) Data were not available, due to small sample sizes, for these occupations at the 4-digit level. Instead
th
the 90 percentile hourly pay for the corresponding 3-digit occupational category is reported. Therefore,
th
since the desired percentile for these occupations were higher than the 90 percentile, these figures are
likely to represent a lower bound for each of these occupations.
th
(2) Hourly pay data for each of the 90 to 99 percentiles were obtained upon request from the ONS for the
whole labour market and for some occupations, where the sample size was large enough. These figures
are therefore not an average.
Source: ASHE (2010)

2.40 The lower end of this range could not we have applied the rule of thumb
in practice be lower than described earlier in this chapter,
approximately £9.48 per hour, as UK which divides the annual figure of
Border Agency (2011) announced £20,000 by 2109 to reach the
that from the 1 April 2011 a minimum hourly equivalent of £9.48.
salary requirement of £20,000 per
year will apply to Tier 2 General. To 2.41 In principle, we could have used the
convert this annual salary figures in Table 2.3 to help identify
requirement into an hourly equivalent salary thresholds for job titles in

16
Chapter 2: Methodology

Chapter 3. However, some of the


implied ranges presented are very
wide and the basis on which we
would pick a point at either end of, or
within, those ranges is not self-
evident. Further, for reasons
discussed above, the lower ends of
some of the ranges are too low and
the higher ends too high.
Nevertheless, we present the
information above for completeness.

2.5 Conclusions

2.42 In this chapter we briefly outlined the


approach we used in Migration
Advisory Committee (2011) to identify
occupations skilled to NQF4+. We
have considered all of the job titles
on the current shortage occupation
list that are associated with such
occupations to be skilled to NQF4+.

2.43 We have also described our


approach to identifying and defining
job titles, or subsets thereof, in non-
NQF4+ occupations as skilled to
NQF4+. In Chapter 3 we use this
approach, along with information we
received from our partners during this
and past reviews, to determine what
amendments need to be made to the
shortage occupation list on this basis.

17
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

18
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

Chapter
Chapter 3
Analysis
3:Analysis of specific jobs in
of specific jobs in occupations
below NQF level 4 occupations below NQF level 4

3.1 Introduction that were on the current UK


shortage occupation list and would
3.1 It is the Government’s intention that fall within non-NQF4+ occupations
the minimum skill level for Tier 2 of according to our preliminary top-
the Points Based System (PBS) be down analysis.
raised to National Qualifications
Framework Level 4 or above 3.3 We wrote to over 1,000 corporate
(NQF4+). Table 2.2 in Chapter 2 partners and received around 50
presents the job titles on the current written submissions. In addition to
shortage occupation list that are not considering these written
in Standard Occupational submissions, we also sought the
Classification (SOC) occupations views of our partners through
skilled to NQF4+ on the basis of our discussions and events. We met
top-down analysis. Our present task with around 30 partners at various
is to examine those job titles in order events and meetings. In forming the
to establish whether they, or subsets recommendations we make in this
of them, are skilled to NQF4+. In report we took account of all the
Chapter 2 we discussed our information we received. We also
methodological approach. This considered information received
chapter sets out our consideration of during our past reviews of the UK
those job titles. and Scotland shortage occupation
lists where appropriate, albeit
3.2 Communication with our bearing in mind that not all of that
corporate partners information would be fully up-to-
date.
3.2 The timescale for this report did not
allow for a formal call for evidence, 3.3 Analysis of specific job titles
but we did take steps to ensure that
our corporate partners were aware 3.4 In this section we consider the
that we were undertaking this work information we received from
and were able to feed in relevant partners relating to specific job titles
information. We considered all currently on the shortage occupation
written submissions we received. list. All job titles currently on the list
We also approached, in particular, have previously been found to be
partners who we believed were likely skilled to National Qualification
to have an interest in those job titles Framework level 3 or above
(NQF3+). We received some

19
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

information relating to job titles titles in occupations skilled below


within occupations which our top- NQF4+ here. We outline the
down analysis identified as being information we received and our
skilled to NQF4+, such as nurses recommendation for each individual
and social workers. But as explained job title below.
in Chapter 2, we only consider job

Commissioning engineer
Box 3.1: Top-down skilled data for Standard Occupational Classification 2000
(SOC 2000) 3113 - Engineering technicians
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: commissioning engineer
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £15.34
time employees
Percentage of full-time employees
36
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


Yes 64,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
16
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.5 The job title commissioning engineer new connection, refurbishment and
sits within the 4-digit Standard renewal activities within the
Occupational Classification (SOC) electricity transmission and
2000 code 3113 (engineering distribution industry are completed, it
technicians) which, as a whole, is is the role of the commissioning
below NQF4+. We reviewed the job engineer to sign off the work.
title for the shortage occupation list
in autumn 2009 and recommended 3.7 EU Skills said that commissioning
that it be included on the list. engineers require a Higher National
Certificate (HNC) or a degree (level
3.6 We met with Energy & Utilities Skills not specified) in electrical
(EU Skills), the Sector Skills Council engineering, both of which are well
(SSC) for the gas, power, waste above NQF level 4, plus three years’
management and water industries substation commissioning
during the process of writing this experience. We also heard that a
report. They explained to us that as commissioning engineer’s salary is

20
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

typically in the range of £35,000 to 3.9 Overall, information on both


£45,000 per year. qualifications and pay suggests the
job is at NQF4+. We therefore
3.8 Using the rule of thumb for annual recommend that the job title
pay discussed in Chapter 2, the commissioning engineer is retained
hourly equivalent appears to be on the shortage occupation list.
above the median for all employees
within this occupation, indicating the
job title is more skilled than the
occupation as a whole. Furthermore,
it is comfortably above the top-down
NQF4+ threshold of £13.40 per
hour, also discussed in Chapter 2.

Production controller in the electricity generation industry


Box 3.2: Top-down skilled data for SOC 2000 3119 - Science and engineering
technicians not elsewhere classified
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: production controller in the electricity generation industry.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £11.61
time employees
Percentage of full-time employees
41*
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


Yes 33,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
0
occupation route, 2010
Notes: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.10 Production controller in the plant’s control room and external


electricity generation industry is a operations so that production
job title that falls within the requirements are met.
occupation 3119 (science and
engineering technicians not 3.11 When we met with EU Skills they
elsewhere classified) which, as a referred us to evidence they
whole, is not skilled to NQF4+. A previously submitted in relation to
production controller is required to this job title for our autumn 2009
coordinate the activities of a power review of the shortage occupation
list (Migration Advisory Committee,

21
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

2009b). We were told that threshold identified in our top-down


production controllers require a HNC analysis.
in an engineering discipline, plus five
years’ experience. 3.13 As with commissioning engineer, on
the basis of information on both
3.12 We also understand that the salary qualifications and earnings, we find
range for this job title is typically that this job title is skilled to NQF4+
£30,000 to £38,000, above the and therefore recommend that
median for the occupation as a production controller in the electricity
whole and above the NQF4+ generation industry remains on the
shortage occupation list.

Roles within visual effects and 2D/3D computer animation for film,
television or video games
Box 3.3: Top-down skilled data for SOC 2000 3434 - Photographers and audio-
visual equipment operators
Occupation is not skilled to NQF level 4 or above
The following job titles within this occupation are included on the current shortage
occupation list: roles within visual effects and 2D/3D computer animation for film,
television or video games: animation supervisor, animator, computer graphics
supervisor, technical director, CG supervisor, modeller, rigging supervisor, rigger,
matte painter, texture artist, compositing artist, producer, production manager, editor,
R&D tools, R&D software, software engineer, system engineer.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £11.60
time employees
Percentage of full-time employees
47
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


Yes 24,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
144
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.14 Roles within visual effects and occupation list we recommended


2D/3D computer animation for film, that these roles be included on the
television or video games are list. Although skilled to NQF3+, we
classified within occupation 3434 found that this SOC code was not
(photographers and audio-visual skilled to NQF4+. However, the
equipment operators). In our spring industry has told us that visual
2009 review of the shortage effects (VFX) job titles are a small

22
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

niche within this SOC code, and “All of the games industry jobs listed are
some could potentially be classified required to be of graduate level (NVQ
under occupations other than level 4) or above. Whilst occasionally we
photographers and audio-visual do see applications from overseas
equipment operators. applicants who do not have formal
qualifications but have an outstanding
3.15 For the purposes of this work, we
portfolio, this is not common and the
received information from Skillset,
norm therefore is formal qualifications
the SSC for the creative industries,
(graduate level/NVQ level 4 and above).”
reiterating evidence it submitted to
us in January 2009, in which they
Information received from TIGA
argued that roles within visual
effects and 2D/3D computer
animation for film, television or video 3.17 In terms of earnings, Skillset told us
games are mostly skilled to NQF4+. that the UK Screen Association
Employer Consultation 2010 found
3.16 We were told that levels of that the mean annual income of Tier
educational attainment in the visual 2 workers employed by the four
effects sector are high. Skillset largest effects companies in the UK
informed us that its 2008 creative is currently £56,000. Data from the
media workforce survey found that UK Screen Association suggest
92 per cent of the visual effects mean starting salaries in VFX roles
sector’s workforce has a degree on the shortage occupation list are
(level not specified). We also heard in the region of £41,000, although
that over half hold a degree in a this figure is skewed upwards by the
specialist media-related subject, and senior and supervisory roles
one third has a postgraduate degree included on the list. Management
in a specialist media-based subject. information data from Certificates of
Results from the equivalent 2010 Sponsorship (CoS) issued under
survey were not available at the time Tier 2 of the PBS (reported in
of writing this report. A different Migration Advisory Committee
study (Livingstone and Hope, 2011) (2010a)) are consistent with these
found that 77 per cent of employees estimates: the mean annual salary
in the visual effects sector had at for jobs filled via the shortage
least a degree-level qualification occupation route under the
(e.g. bachelor’s), and 33 per cent appropriate 2-digit occupational
had a post-graduate qualification. grouping (in which these roles are
the only shortage occupation) was
approximately £50,000.

3.18 On the basis of their high levels of


qualifications and earnings, and the
fact that data for the relevant SOC
code is probably not highly
representative of these specific job
titles, we believe there is sufficient
basis to conclude that roles within
visual effects and 2D/3D computer
animation for film, television or video

23
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

games currently on the shortage Sponsorship (CoS) are issued only


occupation list are skilled to NQF4+. for appropriate jobs within this
industry it may be appropriate to
3.19 We therefore recommend that the specify a minimum salary for these
job titles within visual effects and job titles in the relevant UK Border
2D/3D computer animation for film, Agency code of practice. Codes of
television or video games remain on practice are published on the UK
the shortage occupation list. Border Agency website and are
intended, in part, to prevent
3.20 There are good reasons to believe undercutting of UK workers by
that the job titles listed in Box 3.3 migrants.
are all skilled to NQF4+. Therefore a
salary threshold is not necessary in 3.21 We will address the issue of these
order to identify which individual jobs job titles appearing under the
are at NQF4+, and we do not occupation for photographers and
recommend one is used for that audio-visual equipment operators
purpose. Nevertheless, we and the possible desirability of them
recognise that a number of highly being identified under other codes if,
specialised job titles are listed and it in the future, we are asked to carry
would be unrealistic to expect the out a full review of the shortage
UK Border Agency to have detailed occupation lists.
knowledge of what each of them
involves. Therefore as a safeguard
to ensure Certificates of

High integrity pipe welder


Box 3.4: Top-down skilled data for SOC 2000 5215 - Welding trades
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: high integrity pipe welder.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £10.58
time employees
Percentage of full-time employees
3
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


Yes 69,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
8
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

24
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

3.22 The job title high integrity pipe pipe welders are in jobs at a
welder relates to a specialist sub- substantially higher skill level than
group of the occupation 5215 the occupation as a whole to
(welding trades). The occupation is conclude that those jobs may be
not skilled to NQF4+. skilled to NQF4+. We have not seen
such evidence. Therefore, we
3.23 High integrity pipe welders are recommend that this job title is
required to be competent in welding removed from the shortage
various ‘high alloy’ and other occupation list.
materials, which have specific
welding characteristics. They work
within specified safety standards in
sometimes hazardous
environments, where they must take
account of the high pressure and / or
high temperature of the pipe’s
content, as well as having an
understanding of the potential
hazards.

3.24 We first considered this job title in


our autumn 2008 report and
recommended then that it be
included on the shortage occupation
list. When we reviewed it again in
autumn 2009, we recommended that
high integrity pipe welders with at
least three years’ experience be
retained on the shortage occupation
list.

3.25 For this report, we received


information from the Engineering
Construction Industry Training Board
(ECITB) confirming that high
integrity pipe welders are not
qualified to NQF4+.

3.26 The occupation as a whole did not


meet the required threshold against
any of our top-down indicators of
skill at NQF4+; only 3 per cent of the
full-time workforce is qualified to
NQF4+ (compared to a threshold of
41 per cent) and median hourly
earnings are £10.58 (compared to a
threshold of £13.40). On this basis
we would have required strong
evidence that some high integrity

25
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Licensed and military certifying engineer / inspector technician and


airframe fitter
Box 3.5: Top-down skilled data for SOC 2000 5223 - Metal working production
and maintenance fitters
Occupation is not skilled to NQF level 4 or above
The following job titles within this occupation are included on the current shortage
occupation list: licensed and military certifying engineer/inspector technician and
airframe fitter.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £12.79
time employees
Percentage of full-time employees
15
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


Yes 187,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
26
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.27 In autumn 2009, we recommended 3.28 We were told that licensed and
the inclusion of two job titles, military certifying engineer/inspector
licensed and military certifying technicians work as part of aircraft
engineer / inspector technician and teams that perform specialist tasks
airframe fitter, on the shortage to deliver aircraft projects on time,
occupation list as a subset of the with the appropriate quality
occupation 5233 (metal working assurance, and within budget. In
production and maintenance fitters). addition, they are required to
We understand that in the SOC supervise and sign off the work
2010 classification, licensed and carried out by airframe fitters in
military certifying engineer / accordance with regulatory
inspector technician has been documents.
renamed as aircraft technician and
has also been re-categorised to 3.29 Airframe fitters carry out tasks
SOC 3113 (engineering technician). including fault diagnosis and the
Our analysis in Migration Advisory recording and interpretation of
Committee (2011) found SOC 3113 technical data using specialist hand
to be below NQF4+ within SOC tools. They work under the direction
2000, although the two and control of a licensed and military
classifications are not fully certifying engineer / inspector
comparable. technician.

26
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

3.30 Our top-down analysis indicates that certifying engineer / inspector


the occupation metal working technicians are currently paid
production and maintenance fitter is £14.25 per hour, which is higher
not skilled to NQF4+. However, the than the median hourly pay for full-
aerospace sector has reiterated the time employees within this
argument they put to us in previous occupation, indicating that this job
evidence that its workforce is more title is more skilled than the
qualified than that within engineering occupation as a whole. It is also
as a whole. Both Marshall above our hourly earnings threshold
Aerospace and Aeropeople Ltd told for a skilled occupation of £13.40.
us that, for the aerospace sector,
34 per cent of employees have a 3.33 With regard to the job title airframe
higher education diploma (e.g. a fitter, Marshall Aerospace and
HNC or HND), degree (e.g. Aeropeople Ltd both confirmed they
bachelor’s or above) or equivalent are unable to provide information to
qualifications. We heard that the indicate that the role is skilled to
regulations within the aerospace NQF4+.
sector require recognised industry-
wide qualifications of National “Having considered carefully the
Vocational Qualification (NVQ) level criteria, we felt that we could only justify
3 and Business and Technology the Licensed and Military certifying
Education Council (BTEC) National engineer/inspector technician meeting
or above. On their own, the levels of the criteria for the equivalent of level 4.”
qualification are above those of the
occupation as a whole but still below Information received from Marshall
the thresholds identified in our top- Aerospace and Aeropeople Ltd
down analysis.
3.34 In conclusion, we believe we have
3.31 Specifically regarding aircraft
sufficient information to conclude
technicians, including licensed and
that the job title licensed and military
military certifying engineer /
certifying engineer / inspector
inspector technicians, the sector told
technician is skilled to NQF4+, on
us that in addition to NQF3+
the basis of required on-the-job
qualifications these jobs require
training and experience as well as
further accredited aircraft training in
pay. Therefore we recommend that
accordance with the requirements of
it remains on the shortage
the UK Civil Aviation Authority (the
occupation list. We will address the
European Aviation Safety Agency).
issue of its renaming and re-
We also understand that aircraft
categorisation in relation to SOC
technicians are required to have at
2010 if we are asked to review the
least two years’ compulsory on-the-
shortage occupation lists in the
job training, which together with the
future.
necessary qualifications can be
considered as equivalent to NQF 3.35 We also recommend that the job title
level 4. airframe fitter is removed from the
shortage occupation list.
3.32 In terms of earnings, we received
information that licensed and military

27
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Overhead linesworker in the electricity transmission and distribution


industry
Box 3.6: Top-down skilled data for SOC 2000 5243 - Lines repairers and cable
jointers
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: overhead linesworker within the electricity transmission and distribution
industry.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £14.93
time employees
Percentage of full-time employees
4
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


Yes 12,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
65
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.36 The job title overhead linesworker is level 3, plus two years’ minimum
a subset of the SOC code 5243 experience of working with 275,000
(lines repairers and cable jointers), or 400,000 volts systems and also
which is not skilled to NQF4+. We four years’ site experience in a
first reviewed this job title in contracting company, carrying out
autumn 2008 and did so again in refitting and refurbishment work as
autumn 2009. part of a team, if not on a structured
linesworker development
3.37 We received information from the programme.
responsible SSC, EU Skills, that
overhead linesworkers either work 3.39 We were also told that the salary
on high-voltage lines that carry range for a high-voltage overhead
275,000 or 400,000 volts, or low- linesworker is typically £28,000 to
voltage lines that carry below £35,000. In hourly equivalent terms,
275,000 volts. using our rule of thumb discussed in
Chapter 2, this range is roughly in
3.38 When we reviewed this job title in line with the median salary for this
autumn 2009 we received evidence occupation as a whole, which is not
that overhead linesworkers who skilled to NQF4+. It is, however, in
work on high-voltage lines require a large part above our top-down
City and Guilds qualification in hourly salary threshold for NQF4+
electrical supply, equivalent to NQF occupations of £13.40.

28
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

3.40 In addition, we heard that a high- the salary range for a low-voltage
voltage overhead linesworker is overhead linesworker is typically
often required to perform a £19,000 to £25,000, which is both
supervisory role. For example, they equivalent to a salary below our
usually have responsibility for the NQF4+ occupation threshold of
work and supervision of junior £13.40 per hour, and below the
linesworkers and trainees and may average for the occupation as a
be required to lead earthing parties whole.
and authorise safety documentation.
3.43 On the basis of evidence on pay, on-
3.41 Balfour Beatty Utility Solutions, a the-job training and experience
UK-based infrastructure and support required we recommend that
services company with clients overhead linesworkers who work on
including the National Grid, Network high-voltage lines carrying at least
Rail, the Highway Agency and the 275,000 volts remain on the
National Health Service (NHS), shortage occupation list.
confirmed that the majority of its
overhead linesworkers work on high- 3.44 We have not seen sufficient
voltage lines. We were told that information to conclude that low-
there are no training companies that voltage overhead linesworkers are
train people to be overhead skilled to NQF4+ and therefore
linesworkers. This is done by recommend that the job title is
contractors. Balfour Beatty Utility removed from the shortage
Solutions explained that whilst the occupation list.
formal qualification level for high-
voltage overhead linesworkers is
below NQF4+, the on-the-job
training they receive and their
experience makes them highly-
skilled individuals and this, they
said, is reflected in their
remuneration.

“The operatives involved are highly


skilled and their skill set is required
worldwide.”

Information received from Balfour Beatty


Utility Solutions

3.42 A low-voltage overhead linesworker


works on lines that carry up to
132,000 volts. We were told that the
role requires a NVQ level 3
qualification in electricity distribution
and transmission engineering plus
two years’ post-training experience.
We also received information that

29
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Site supervisor in the electricity transmission and distribution industry


Box 3.7: Top-down skilled data for SOC 2000 5249 – Electrical / electronics
engineers not elsewhere classified
Occupation is not skilled to NQF level 4 or above
The following job title in this occupation is included on the current shortage occupation
list: site supervisor in the electricity transmission and distribution industry.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £12.31
time employees
Percentage of full-time employees
25
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


Yes 74,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
0
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.45 The job title site supervisor in the distribution industry require an
electricity transmission and Engineering Construction Industry
distribution industry is a subset of Training Board supervisory
the SOC code 5249 (electrical / management qualification or
electronics engineers not elsewhere Institution of Occupational Safety
classified), which is not skilled to and Health (IOSH) Safety
NQF4+. We first reviewed this job Management (or equivalent)
title in autumn 2009. A site qualification, plus three years’ post-
supervisor supervises the day-to- training experience on an electrical
day activities on nominated construction site. We were told that
contracts to ensure that profit and this training and experience was
service objectives are met. They equivalent to NQF level 3.
supervise and co-ordinate all on-site
activities, ensuring materials, sub- 3.47 We were also told that the salary
contractors and plant availability, range for a site supervisor in the
and also ensure compliance with all electricity transmission and
statutory and company procedures. distribution industry is typically
£25,000 to £32,000 which, when
3.46 In our autumn 2009 review of the converted to an hourly equivalent, is
shortage occupation list, we were mostly above the median for the
told that site supervisors in the occupation as a whole. Some, but
electricity transmission and not all, of the salary range passes

30
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

our equivalent top-down threshold EU Skills, they agreed that there is


for earnings. not sufficient evidence to support a
case for considering site supervisors
3.48 In terms of demonstrating NQF4+ in the electricity transmission and
equivalence, the evidence on pay is distribution industry as skilled to
equivocal. The evidence on NQF4+. We therefore recommend
qualifications and required training that the job title be removed from the
and experience suggests the job is shortage occupation list.
not at NQF4+. When we met with

Skilled meat boner and skilled meat trimmer


Box 3.8: Top-down skilled data for SOC 2000 5431 - Butchers, meat cutters
Occupation is not skilled to NQF level 4 or above
The following job titles within this occupation are included on the current shortage
occupation list: skilled meat boner and skilled meat trimmer.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £7.65
time employees
Percentage of full-time employees
2
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


No 21,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
85
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.49 The job titles meat boner and meat of at least £9 per hour, should be
trimmer are within the occupation added to the shortage occupation
5431 (butchers and meat cutters). In list.
autumn 2009 we reviewed the
occupation and found that it was not 3.50 Median hourly full-time pay for the
skilled to NQF3+. However, the occupation is £7.65. When we
evidence we received from our reviewed these job titles in autumn
corporate partners showed that 2009 we found that salary levels are
subsets of the job titles meat boner a little above the median for the
and meat trimmer were skilled to occupation, which was a reason for
NQF3+. We, therefore, were able to distinguishing these jobs using a
recommend that the job titles skilled minimum pay benchmark of £9.00
meat boner and skilled meat per hour. However, this is a long
trimmer, defined as those with pay way short of our threshold for an

31
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

NQF4+ occupation of £13.40 per 3.51 Improve, the Sector Skills Council
hour. In addition, only 2 per cent of for the food processing sector, told
the occupation’s workforce has us that neither meat boners nor
NQF4+ qualifications, although we meat trimmers are skilled to NQF4+.
note that the job titles are only a
small part of the occupation. 3.52 There was no evidential basis for
concluding that these job titles, or
“Within the Improve footprint, butchers subsets of them, are skilled to
and meat cutters (SOC Code 5431) NQF4+. We therefore recommend
currently feature on the Tier 2 shortage that the job titles skilled meat boner
occupation list. Both occupations require and skilled meat trimmer are
NVQ level 2 skills to be competent in removed from the shortage
these roles and level 3 skills for specialist occupation list.
meat and poultry skills. These
occupations do not require graduate
level skills. ”

Information received from Improve


Limited

Skilled chef
Box 3.9: Top-down skilled data for SOC 2000 5434 - Chefs, cooks
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: skilled chef.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 3 £7.67
time employees
Percentage of full-time employees
8
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


No 167,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
2,779
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.53 Skilled chef is a job title within the (2008) and found that, as a whole, it
occupation 5434 (chefs, cooks). We was not skilled to NQF3+. However,
initially reviewed the occupation in there was evidence that some chefs
Migration Advisory Committee were skilled to NQF3+. Therefore, in

32
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

Migration Advisory Committee Skill levels within chef roles depend


(2008) we recommended that skilled on a number of factors, including the
chefs paid £8.10 per hour and above type of cuisine (e.g. Asian, Oriental,
be added to the shortage occupation Anglo-European); and the style of
list. The threshold was uprated to service (e.g. professional cookery,
£8.45 in Migration Advisory quick service). Hierarchy can also
Committee (2009a). In Migration indicate skill: executive chefs and
Advisory Committee (2009b) we head chefs manage or have overall
added a requirement that a worker responsibility for the kitchen and
should have at least three years’ food preparation areas. Sous chefs
relevant experience. work below this level, and chefs de
partie below that.
3.54 For this report we met and received
information from a number of 3.57 People 1st stated that NQF4+ jobs
partners in relation to chefs. As tend to be concentrated in
explained in Migration Advisory ‘professional cookery’. This
Committee (2011) some partners comprises restaurants requiring a
suggested to us that the whole wide range of culinary skills,
occupation is skilled to NQF4+. knowledge, and focus on cooking
Given that we had already food from scratch. The mix of
previously indicated that only a NQF3+ and NQF4+ chef jobs would
proportion of chef jobs were skilled depend on individual
to NQF3+ we would actually expect establishments, but we were told
the proportion of jobs skilled to that executive, head and sous chefs
NQF4+ to be lower than the within professional cookery would be
corresponding proportion at NQF3+. working at a level of skill equivalent
to NQF4+. We note that some chef
3.55 We received evidence from People de partie positions in top-end
1st, the SSC that covers the restaurants and in specialist chef
hospitality sector. They told us that roles might involve some specific
there are 273,200 people working as NQF4+ skills, but overall we were
chefs across the UK and the profile told the role is skilled to NQF3+. We
of these roles, and the skills also note with interest that as the
required, vary enormously. Our top- skill level rises chefs tend to move
down indicators show that around 8 into more of a management role
per cent of full-time employees and, therefore, executive and head
within the occupation hold an chefs working at NQF4+ often do not
NQF4+ qualification. However, cook, or at least spend less time
People 1st told us that not all those cooking than NQF3+ chefs.
working at NQF4+ will necessarily
have an equivalent formal 3.58 We see a case that, if appropriately
qualification. We must also assume defined, some executive, head and
that not all of those who hold an sous chef jobs are skilled to NQF4+.
NQF4+ qualification will be working We therefore turn to how to best
at an equivalent level of skill. define such positions.

3.56 Previous reviews have revealed that


experience and on-the-job training
are important factors for these roles.

33
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

“The range of chef roles and the 3.62 Therefore, we recommend a salary
difficulties of objectively assessing their threshold to identify NQF4+ chefs,
skills on paper is notoriously difficult and which requires that we identify the
whilst rates of pay do not necessarily appropriate level. In Migration
reflect the skill of a chef, we Advisory Committee (2011) we set
acknowledge that it is the best available £13.40 as the minimum hourly pay
objective measure.” benchmark for NQF4+ occupations.
This equates to an annual salary of
Information received from People 1st £28,260. This was calculated by
looking at median salaries in
occupations covering the top 38 per
3.59 Given that we were told that NQF4+ cent of full-time working-age
chef roles would tend to be focused employees, which was the
in ‘professional cookery’ we believe proportion qualified (and, so we
that chef roles in fast food and assumed, skilled) to NQF4+.
standard fare outlets are not skilled
to NQF4+. 3.63 Furthermore, in the context of limits
on Tier 2, where one migrant may
3.60 Working at NQF4+ clearly requires effectively displace another, it is
considerable experience. In important that there is a level playing
information submitted to us it has field across job titles. It is notable
been suggested that chefs working that we would not expect any of the
at this level would have five to eight other job titles that we identify as
years’ experience. We therefore NQF4+ in this report to typically pay
believe that the previous relevant significantly below £28,260 per
experience requirement should rise annum. Therefore, our starting point
to a minimum of five years. is that setting a pay threshold for
subsets of job titles at £28,260 per
3.61 Additionally, we maintain the view
year would be reasonable. We use
that salary is a good measure of
an annual rather than an hourly rate
relative skill level within the
because Tier 2 of the PBS requires
restaurant sector, because of the
individuals to be in full-time
competitive nature of the product
employment.
and labour markets. The sector
consists of small outlets, many 3.64 The above figures match quite
independently owned, that compete closely to some of the salaries paid
for both customers and staff. to more highly skilled chefs,
Barriers to entry and exit (i.e. particularly those in the most senior
opening a new restaurant or closing positions. People 1st told us that UK
an existing one) are low and prices salaries for head and executive
are free to adjust to changing market chefs, taken from averages of those
conditions. The quality of the cuisine advertised online by Reed
for which the chef is responsible is Recruitment, were around £29,800.
easily observed by both the For sous chefs the figure was
employer and customers. In these approximately £22,700. The
market conditions a restaurant Embassy of Japan told us that a
employing a highly-skilled chef will large majority of high-quality
be able to charge more for its food Japanese restaurants in London pay
and the salary of the chef should highly-skilled chefs £15 per hour
typically reflect that.

34
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

(equivalent to around £32,000 per minimum annual pay for a chef


annum), while others pay similar working at NQF4+. In addition the
chefs £10 to £14 per hour. individual should have at least 5
years’ experience working in a role
3.65 Nevertheless, are there reasons to of at least equivalent status to the
deviate from the £13.40 per hour one they are entering and the job
benchmark in the case of NQF4+ should not be in a fast food or
chefs? Only 8 per cent of full-time standard fare outlet.
employees in the occupation are
qualified to NQF4+. Assuming that 3.68 We also considered adding an
this equates to the proportion skilled additional criterion that the job must
to that level, taking the be at executive chef, head chef or
corresponding 92nd percentile of the sous chef level. However, such a
earnings distribution from the Annual stipulation would completely exclude
Survey of Hours and Earnings even the most highly skilled
(ASHE) 2010 would lead to a salary specialist chefs.
threshold of £12.34 per hour.
However, we have expressed 3.69 Our remit for this report is to identify
concerns previously (Migration what subset of the job title chef is
Advisory Committee, 2009b) that skilled to NQF4+, and we have done
wages in this occupation have been that. Below we offer some brief
historically compressed through observations on matters not within
access to underpaid migrant labour. that narrow remit, but closely related
As such, £12.34 per hour may not to it, which the Government may
represent the value of an NQF4+ consider if it so wishes.
chef.
3.70 First, we wish to be clear that we do
3.66 Industry representatives proposed not at all treat lightly claims that
some alternative potential methods changes of the nature outlined
for identifying skilled chefs, including above have implications for
factors such as number of covers in businesses and livelihoods. We
the restaurant and turnover, on the acknowledge that a lower pay
basis that larger restaurants may threshold (based on, for instance,
employ more skilled chefs. Our pay of £12.34 per hour) would play a
concern with such measures is that role in helping the ethnic catering
some fine dining establishments industry to adapt more gradually to
may be relatively small, while others changes in immigration policy.
offering lower quality output may
nonetheless have a large number of 3.71 On the other hand, a lower pay
covers and high turnover. There is threshold would do less to break the
also a danger that such a measure long-term cycle of over-dependence
would discriminate against new on migrant labour in this sector.
restaurants in favour of those with Furthermore, as we set out in
an entrenched market position. Migration Advisory Committee
(2009b), there appears to be a belief
3.67 On balance, we do not see among some of our ethnic hospitality
sufficiently strong reason to deviate partners that the sector must always
from our default position. We remain at its present size or grow,
recommend £28,260 as appropriate but never shrink. We do not share

35
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

this view. Less use of migrant labour note that the salary for this role is
would raise pay and relative prices commensurate with that typically
and result in a smaller, more robust paid to the most senior chefs, and
ethnic restaurant sector. The employers using the shortage
dynamic nature of this industry occupation route to fill specialist chef
means that as some restaurants roles should be rigorously
close others will, to a large extent, monitored, with a view to striking
open up to replace them even if the them off the Tier 2 sponsors register
balance of cuisines on offer changes if they are found to be abusing the
over time. rules of the system.

3.72 The Independent Inspector of the


UK Border Agency (2011) reported
that UK Border Agency caseworkers
have encountered examples of
workers applying as skilled chefs
where staff did not believe they
fulfilled the relevant criteria to do the
jobs. Possibly due to such concerns,
we are aware that in the past the UK
Border Agency has used criteria to
define which skilled chefs can enter
under the shortage occupation
route, including the number of
covers in a restaurant and matters
relating to workforce hierarchy. On
consideration of skill alone, we
believe the criteria set out above are
sufficient to define an NQF4+ chef
post. We have not been asked to
review whether there is still a
shortage of labour in this occupation
that should be filled using labour
from outside the European
Economic Area. A later review of
that issue could lead to us
recommending different or additional
criteria, if we decide that chefs
should continue to be represented
on the shortage occupation list at all.

3.73 In the meantime, as with all of the


job titles discussed in this chapter,
the UK Border Agency is free to
consider supplementing what we
recommend here with additional
criteria on the basis of enforcement
and operational need. Specifically,
the UK Border Agency will want to

36
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

Skilled senior care worker


Box 3.10: Top-down skilled data for SOC 2000 6115 - Care assistants and
home carers
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: skilled senior care worker.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 2 £8.03
time employees
Percentage of full-time employees
15
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


No 399,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
2,315
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.74 Senior care worker is a job title recommend a pay level of £7.80 per
within the occupation SOC code hour, but with a number of other
6115 (care assistants and home requirements as outlined in Chapter
carers). We first reviewed the 2.
occupation in Migration Advisory
Committee (2008). Although the 3.76 In recommending a pay level of
occupation as a whole was not £7.80 per hour in 2009 we used the
skilled to NQF3+, we found evidence Labour Force Survey, taking the
indicating that some senior care median earnings of care assistants
workers were working at a level of and home carers qualified to NQF
skill equivalent to NQF3+. We level 2 or above and 2 or more
recommended that skilled senior years’ experience in the same job,
care workers should be defined as up-rated using the most recent
those where there was a earnings growth figures. In Box 3.10
requirement for a relevant above, the median hourly pay for the
qualification at NQF3+ (as in the whole occupation is £8.03 taken
case of Scotland and Wales) or from the ASHE. These hourly rates
those earning £8.80 per hour. are all well below our top-down
NQF4+ threshold of £13.40, and
3.75 When reviewing this job title again data from the 2010 ASHE, obtained
for Migration Advisory Committee upon request from the ONS, show
(2009a) we refined this to that only 6 per cent of full-time

37
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

employees in this occupation earn requirements routinely meet NQF4+,


this amount. nor that they substantially exceed
the requirements for certain less
3.77 In Migration Advisory Committee tangible skills that will exist in many
(2008) we found that only 32 per other occupations.
cent of workers in this occupation
had an NQF3+ qualification. Box 3.81 We were told that care homes and
3.10 shows that 15 per cent of full- care agencies will often be run by
time employees have an NQF4+ workers with NQF4+ qualifications.
qualification. These will fall under the SOC code
1185 for residential and day care
3.78 During our work for this report we managers, an occupation which we
met with representatives from the have already found to be skilled to
care sector. We also received NQF4+ in MAC (2011). We are also
information from a number of aware that nursing homes will
partners. Some partners were clear employ registered nurses, who work
that senior care workers were at a level of skill equivalent to
working at NQF level 3 and below NQF4+. We saw no firm evidence
and that only the managers of care that there are any roles within this
homes were skilled to NQF4+. occupation above senior care
worker.
3.79 Other partners argued that the
difference in salary between those 3.82 We heard that in Scotland the
who have an NQF level 1 Scottish Social Services Council
qualification and those with higher began registering ‘supervisors’ in
qualification levels is so small that care homes for adults in October
there is no incentive to attain higher 2007. They are all required to be
qualifications, despite the work registered by 30 March 2012. A
being at a higher level. However, worker can register with a level 3
this gives rise to the question of Scottish National Vocational
why, if some jobs are much more Qualification (S/NVQ) in Health and
highly skilled than others, this is not Social Care with an additional lower-
reflected in substantially higher pay level supervisory or management
for the more highly-skilled jobs. We qualification. A level 3 S/NVQ is
do recognise that pay in the sector is equivalent to NQF level 3.
heavily constrained by limited local Alternatively, they may register with
authority funding, but that does not an S/NVQ level 4 (equivalent to
in itself prevent the more skilled jobs NQF level 4) in Health and Social
being, at least, relatively more highly Care. However, although they are
paid. able to register with an S/NVQ level
4 qualification, holding one is not a
3.80 Many partners argue the need for requirement for the job and we find
these workers to have well- no evidence to suggest that the role
developed skills not based on of supervisor in Scotland is any
qualifications (for example, different to that of senior care worker
characteristics such as empathy and in the rest of the UK and therefore it
consideration). However, we did not is not skilled to NQF4+.
receive any objective evidence to
show that these ‘softer’ skill

38
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

3.83 We have not seen sufficient care homes are heavily dependent
evidence, on the basis of either pay on public funding and we recognised
levels, qualifications held by the in Migration Advisory Committee
workforce, qualification requirements (2009a) that financial constraints
or skill requirements that a affect pay in this sector. It is
significant and definable proportion nevertheless true that filling such
of senior care worker posts are at a labour shortage using migration from
NQF4+ level of skill. We therefore outside the European Economic
recommend that senior care workers Area would contradict the
are removed from the shortage Government’s intention of restricting
occupation list. Tier 2 to NQF4+ jobs and
occupations only. It follows that
3.84 A number of partners expressed shortages will need to be addressed
concerns over the implications of through other means. Further efforts
removing senior care workers from will be needed to attract, retain and
the shortage occupation list. It was up-skill resident workers. Increased
suggested that this will intensify pay is one potentially important
current shortages within the sector. lever, but public funding will be
We have not formally reviewed the limited during the current period of
issue of labour shortage in this fiscal restraint.
occupation for this review, but we do
recognise these concerns. Many

Skilled work rider


Box 3.11: Top-down skilled data for SOC 2000 6139 - Animal care occupations
not elsewhere classified
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: skilled work rider.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 2 £7.47
time employees
Percentage of full-time employees
27
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


No 16,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
19
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

39
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Box 3.12: Top down skilled data for 5119 - Agricultural and fishing trades not
elsewhere classified
Occupation is not skilled to NQF level 4 or above

Indicator Value Indicator Value


Median hourly pay for all
SOC skill level classification 3 £9.13
employees
Percentage of full-time employees
15
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


No 13,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
171
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.85 In our previous reviews of the injury or undue stress, to ensure


shortage occupation list we have they are in top physical condition
classified the job title skilled work prior to racing.
rider within the occupation 6139 for
animal care occupations not 3.87 We reviewed the job title for the
elsewhere classified. However, the shortage occupation list in Migration
UK Border Agency use 5119 for Advisory Committee (2008) and
agricultural and fishing trades not again in Migration Advisory
elsewhere classified. The job title Committee (2009b). Work riders
work rider could fall under either. currently qualify for the shortage
Hence we present top-down data occupation list subject to:
relating to both SOC codes above.
In neither case does the occupation • the individual having at least
pass any top-down skill indicators three years’ relevant paid
for NQF4+. experience (with work
responsibilities covering those
3.86 Work riders ride thoroughbred acquired in a level 3 NVQ in
horses at exercise. They are Horse Care and Management or
required to inform the trainer about Racehorse Care and
the individual horse’s health, fitness, Management); and
aptitude and characteristics, so the
trainer is able to make the right • the trainer having submitted a
judgment about the appropriate registration form to the British
racing programme for the horse to Horseracing Authority (BHA) for
maximise its potential. They have to the individual.
exercise the horses without causing

40
Chapter 3: Analysis of specific jobs in occupations
below NQF level 4

3.88 We received information from the 3.91 Nevertheless, pay is low. There is a
National Trainers Federation (NTF) memorandum of agreement
and the BHA regarding skilled work between the NTF and the National
riders. We also received information Association of Stable Staff and this
from the Thoroughbred Breeders’ currently sets a minimum rate of
Association; however, this £270.22 per 40-hour week (£6.75
information related to job titles not per hour). This is for Grade A
on the current shortage occupation Racing and where staff have
list and, therefore, outside the scope completed seven years’ continuous
of this review. service in racing or have completed
five years’ continuous service and
3.89 The NTF told us that the awarding achieved the NVQ level 3. Grade B,
body for vocational qualifications in C and D minimum rates are lower.
the horseracing industry, the British
Horseracing Education and 3.92 The argument was put to us that
Standards Trust (BHEST), currently work riders have a degree of innate
has an NVQ level 3 standard. ability. They are also required to be
However, they told us that the light in weight and indeed there are
experience required to ride animal welfare implications if this is
thoroughbred racehorses in training not the case. It was suggested that
is equivalent to level 4. riders who have previously been
licensed jockeys in other countries
3.90 The NTF argued that this is would possess skills at NQF4+.
particularly the case when work However, we have not seen
riders are working with a horse in verifiable evidence to support this,
the final stages of race preparation and neither have we seen evidence
when they are ridden at racing pace that these workers would routinely
in groups of two or more (‘upsides’) come to the UK to carry out more
to simulate race conditions. They highly skilled work at NQF4+.
also made the case for work riders
‘riding away’ young horses when 3.93 We accept that, invariably, as with
they are first ‘broken in’ and also for most job titles, there will be people
riders who are required to handle working at differing skill levels as
and ride horses of a nervous or each individual situation demands.
highly-strung disposition. The BHA However, pay is very low when
also made similar points. compared with our NQF4+ threshold
of £13.40. We are not sufficiently
“Although a basic level 3 work rider convinced that significant numbers
would be able to work the more of work riders are working routinely
straightforward horses, it is a fact that at a level of skill equivalent to
only with years of experience and NQF4+, and that it would be
working at a higher level could a rider operationally feasible to identify any
manage the more challenging horses.” small number that may be doing so.
We therefore recommend that this
Information received from the British job title is removed from the
Horseracing Authority shortage occupation list.

41
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Skilled sheep shearer


Box 3.13: Top-down skilled data for SOC 2000 9119 - Fishing and agriculture
related occupations not elsewhere classified
Occupation is not skilled to NQF level 4 or above
The following job title within this occupation is included on the current shortage
occupation list: skilled sheep shearer.
Indicator Value Indicator Value
Median hourly pay for all full-
SOC skill level classification 1 £7.04
time employees
Percentage of full-time employees
5
with NQF4+ qualifications

Occupation previously found to be Estimated level of full-time


No 15,000
skilled to NQF level 3 or above? employment
Tier 2 CoS used for the shortage
26
occupation route, 2010
Note: Employment estimates are rounded to the nearest thousand. Certificates of Sponsorship
(CoS) used relate to circumstances where a migrant application that corresponds to the
certificate has been submitted but not necessarily approved. These data are management
information collected by the UK Border Agency but not routinely published. These data have
been made available to the MAC to support the analysis for this report and are neither National
Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: MAC Analysis; Labour Force Survey, Q4 2007 to Q3 2010; Annual Survey of Hours
and Earnings, 2010; UK Border Agency Management Information, 2010

3.94 Skilled sheep shearer is a job title


within the occupation 9119 (fishing
and agriculture-related occupations
not elsewhere classified). In two of
our previous reports, Migration
Advisory Committee (2008) and
Migration Advisory Committee
(2009b), we were told that skilled
sheep shearers needed a British
Wool Marketing Board bronze medal
(or equivalent) or above. We
understand this is rated as equivalent
to an NQF level 3 qualification. We
also accepted that the previous
NQF3+ skill criterion was met by
virtue of the manual dexterity and
experience required. We find no
reason to believe that sheep
shearers are skilled to NQF4+ and
therefore recommend this job is
removed from the shortage
occupation list.

42
Chapter 4: Results, conclusions and next steps

Chapter 4 Results, conclusions and


Results, conclusions
Chapter 4:
and next steps
next steps

4.1 Introduction • Site supervisor within the


electricity transmission and
4.1 Based on the analysis and evidence distribution industry (5249);
described in Chapter 3 for individual
job titles, we present in this chapter • Skilled meat boner and skilled
the revised list of shortage meat trimmer (5431);
occupations for the UK that would
result from full acceptance of our • Skilled senior care worker (6115);
recommendations. We then
conclude with a discussion of next • Skilled work rider (6139); and
steps.
• Skilled sheep shearer (9119).
4.2 Recommended revised
shortage occupation lists for 4.3 The following job titles, that sit within
the UK and Scotland non-NQF4+ occupations, should
remain on the shortage occupation
4.2 Before providing the full list as there is sufficient information
recommended shortage occupation to conclude that they are skilled to
lists for the UK and Scotland, we NQF4+:
outline the key changes following
our revision of the skill level of these • Commissioning engineer (3113);
job titles. From the information we
• Production controller in the
received from partners, we conclude
electricity generation industry
that the following job titles currently
(3119);
on the UK shortage occupation list
(with corresponding Standard
• Roles within visual effects and
Occupational Classification (SOC)
2D/3D computer animation for
2000 codes) should be removed on
film, television or video games
the basis that they are below the
(3434); and
new NQF4+ skill level requirement
for Tier 2 of the PBS: • Licensed and military certifying
engineer/inspector technician
• High integrity pipe welder (5215);
(5223).
• Airframe fitters (5223); 4.4 The following job titles on the
shortage occupation list should be
amended:

43
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

• Overhead linesworker in the looked at the volumes of Certificates


electricity transmission and of Sponsorship (CoS) used under
distribution industry (5243): Tier 2 in 2010 in relation to the
Restricted to overhead occupations and job titles that are
linesworkers working on high recommended to remain on the
voltage lines that carry at least shortage occupation list. These
275,000 volts. calculations are similar to those
presented in Migration Advisory
• Skilled chefs (5434): Restricted Committee (2011) and are not
to chefs skilled to NQF4+ with a forecasts of future flows. Restricting
minimum of 5 years previous the shortage occupation list to
experience in a role of at least NQF4+ occupations and job titles is
equivalent status to the one they only one of a range of policies and
are entering. The job should not external factors that will influence
be in a fast food or standard fare future flows.
outlet. Skilled chefs should also
be paid a minimum of £28,260 4.7 The data used are management
per year after deductions for information from the UK Border
accommodation, meals, etc. Agency’s sponsor management
system and do not equal migrant
4.5 We estimated in Migration Advisory applications, as it is not possible to
Committee (2009b) that the current tell from the data whether the
shortage occupation list covered corresponding migrant’s application
fewer than 500,000 employees, or is approved or refused. For
less than 2 per cent of the UK labour occupations such as chefs, where a
market. The recommendations in proportion remains on the shortage
this report, if accepted, will reduce occupation lists, but some would
that coverage to approximately now fail to qualify, assumptions
230,000, or less than 1 per cent of regarding the percentage of the
the UK labour market. This estimate occupation covered by the shortage
relates to the number of people list have been made based on the
(migrants and non-migrants) best available data and bottom-up
currently working in these evidence. These assumptions are
occupations and job titles. It does based on historical data and may
not indicate potential flows of not hold for future flows because, for
migrants into job titles and example, some employers may
occupations on the list, nor the increase rates of pay in response to
number of vacancies currently policy changes.
available.
4.8 Table 4.1 presents both the
4.6 Tier 2 has three main routes: the estimates made in Migration
Resident Labour Market (RLMT) Advisory Committee (2011) of the
route, the shortage occupation route share of flows in SOC 4-digit
and the intra-company transfer occupations skilled to NQF4+, and
route. We have used historical data revised estimates based on the
to examine the proportion of proportion that are either in job titles
applications via the shortage or occupations that are skilled to
occupation route for occupations NQF4+, identified in this report.
and job titles skilled to NQF4+. We

44
Chapter 4: Results, conclusions and next steps

Table 4.1: Certificates of Sponsorship used (in-country and out-of-country applications)


and estimated proportion skilled to NQF level 4 and above (NQF4+), 2010
Percentage in 4-digit occupations and job titles
skilled to NQF4+
Certificates of 4-digit
sponsorship 4-digit
Job titles at occupations
used occupations at
NQF4+ only and job titles
NQF4+ only
at NQF4+
Shortage occupation
8,400 31 4 35
list
Tier 2 Total 62,400 84 1 85
Notes: The estimates assume approximately 5 per cent of SOC 5434 (chefs, cooks) meet the £13.40 pay
threshold (examination of the salary distribution suggests salaries at the upper end of this occupation
under Tier 2 are similar to that of the UK labour market). On the basis of bottom-up evidence, 50 per cent
of SOC 5223 (metal working production and maintenance fitters) and 20 per cent of SOC 5243 (line
repairers and cable jointers) are assumed to be at NQF level 4 and above (NQF4+). Certificates of
Sponsorship used relate to circumstances where a migrant application that corresponds to the certificate
has been submitted but not necessarily approved. Figures are rounded to the nearest 100. The small
number of applications where an occupation is not stated are excluded from the calculated reduction.
These data are management information collected by the UK Border Agency but not routinely published.
These data have been made available to the MAC to support the analysis for this report and are neither
National Statistics nor quality assured to National Statistics standards and are, therefore, presented for
research purposes only.
Source: UK Border Agency Management Information data, 2010

4.9 Table 4.1 shows that 31 per cent of


CoS issued under the shortage
occupation route in 2010 were in
4-digit SOC occupations skilled to
NQF4+, as identified in Migration
Advisory Committee (2011). Job
titles skilled to NQF4+ within
occupations that were not identified
as skilled to that level as a whole
cover a further 4 per cent of CoS
used in 2010. The total is therefore
35 per cent. Overall, job titles
identified as skilled to NQF4+ in this
report account for only 1 per cent of
Tier 2 jobs in 2010. Combining the
recommendations made in Migration
Advisory Committee (2011) and this
report, 85 per cent of CoS used in
2010 would still qualify for Tier 2 and
15 per cent would not.

4.10 Table 4.2 presents the revised


recommended list of shortage
occupations for the UK.

45
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Table 4.2: Recommended UK shortage occupation list for Tier 2 of the Points Based
System, March 2011
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1, 2 and 3)
Production, works and ONLY the following job title within this
maintenance occupation: project manager within the
managers (1121) electricity transmission and distribution
industry.
Managers in mining ONLY the following job titles within this
and energy (1123) occupation: site manager, station
manager, shift/group leader within the
electricity transmission and distribution
and the electricity generation industries.
Biological scientists ONLY the following job titles within this
and biochemists occupation: cardiac physiologist, clinical
(2112) neurophysiologist, clinical vascular
scientist, respiratory physiologist and
sleep physiologist.
Physicists, geologists ONLY the following job titles within this
and meteorologists occupation: engineering geologist,
(2113) hydro geologist, geophysicist,
geoscientist, geophysical specialist,
engineering geophysicist, engineering
geomorphologist, nuclear medicine
scientist and radiotherapy physicist.
Also staff working in diagnostic
radiology (including magnetic
resonance imaging).
Civil engineers (2121) ONLY the following job titles within this
occupation: geotechnical engineer,
geotechnical design engineer,
geotechnical specialist, reservoir panel
engineer, rock mechanics engineer, soil
mechanics engineer, geomechanics
engineer, tunnelling engineer,
petroleum engineer, geoenvironmental
engineer, contaminated land engineer,
drilling engineer, completions engineer,
fluids engineer, reservoir engineer,
status resource engineer, offshore and
subsea engineer, control and instrument
engineer, process safety engineer,
planning drilling engineer, subsurface
engineer and project civil engineer in
the electricity generation industry.

46
Chapter 4: Results, conclusions and next steps

Table 4.2: Recommended UK shortage occupation list for Tier 2 of the Points Based
System, March 2011 (continued)
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1, 2 and 3)
Mechanical engineers ONLY the following job titles within this
(2122) occupation: mechanical engineer in the
electricity transmission and distribution
and the electricity generation industries.
Electrical engineers ONLY the following job titles within this
(2123) occupation: electrical engineer in the oil
and gas industry, power system
engineer, control engineer, protection
engineer, project control engineer,
control and instrumentation engineer,
assistant engineer, and electrical
engineer within the electricity
transmission and distribution industry.
Chemical engineers ALL job titles within this occupation.
(2125)
Design and ONLY the following job title within this
development occupation: design engineer within the
engineers (2126) electricity transmission and distribution
industry.
Production and ONLY the following job title within this
process engineers occupation: plant process engineer
(2127) within the electricity generation industry.
Planning and quality ONLY the following job titles within this
control engineers occupation: planning/development
(2128) engineer, and quality, health, safety and
environment engineers within the
electricity transmission and distribution
industry.
Engineering ONLY the following job titles within this
professionals n.e.c. occupation: project engineer, and
(2129) proposals engineer within the electricity
transmission and distribution industry.

47
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Table 4.2: Recommended UK shortage occupation list for Tier 2 of the Points Based
System, March 2011 (continued)
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1, 2 and 3)
Medical practitioners ONLY the following job titles within this
(2211) occupation:
Consultants within the following
specialties: audiological medicine,
genitourinary medicine, haematology,
medical microbiology and virology,
neurology, nuclear medicine, obstetrics
and gynaecology, occupational
medicine and paediatric surgery.
Consultants within the following
specialties of psychiatry: forensic
psychiatry, general psychiatry, learning
disabilities psychiatry and old age
psychiatry.
Also non-consultant, non-training,
medical staff posts in the following
specialties: anaesthetics, paediatrics
and general medicine specialties
delivering acute care services (intensive
care medicine, general internal
medicine (acute), emergency medicine,
general surgery, obstetrics and
gynaecology, and trauma and
orthopaedic surgery).
Also ST4-level trainees in paediatrics.
Pharmacists/ ONLY the following jobs in this
pharmacologists occupation: pre-registration pharmacist
(2213) working in the NHS or hospitals
registered pharmacist working in the
NHS or hospitals.
Dental practitioners ONLY the following job title within this
(2215) occupation: consultant in paediatric
dentistry.
Veterinarians (2216) ONLY the following job title within this
occupation: veterinary surgeon.
Secondary education ONLY the following job title within this
teaching professionals occupation: secondary education
(2314) teacher within the subjects of maths or
science.

48
Chapter 4: Results, conclusions and next steps

Table 4.2: Recommended UK shortage occupation list for Tier 2 of the Points Based
System, March 2011 (continued)
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1, 2 and 3)
Special needs ONLY the following job title within this
education teaching occupation: all teaching posts in special
professionals (2316) schools.
Social workers (2442) ONLY the following job title within this
occupation: social worker working in
children’s and family services.
Engineering ONLY the following job title within this
technicians (3113) occupation: commissioning engineer.
Science and ONLY the following job title within this
engineering occupation: production controller in the
technicians n.e.c. electricity generation industry.
(3119)
Nurses (3211) ONLY the following job titles within this
occupation: specialist nurse working in
operating theatres, operating
department practitioner and specialist
nurse working in neonatal intensive care
units.
Medical radiographers ONLY the following job titles within this
(3214) occupation: HPC-registered diagnostic
radiographer, HPC-registered
therapeutic radiographer and
sonographer.
Medical and dental ONLY the following job titles within this
technicians (3218) occupation: nuclear medicine
technologist and radiotherapy
technologist.
Speech and language ONLY the following job title within this
therapists (3223) occupation: speech and language
therapist (Agenda for Change bands 7+
or their independent sector equivalents).
Therapists n.e.c. ONLY the following job title within this
(3229) occupation: HPC-registered orthoptist.

49
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Table 4.2: Recommended UK shortage occupation list for Tier 2 of the Points Based
System, March 2011 (continued)
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1, 2 and 3)
Dancers and ONLY the following job titles within this For this job to be
choreographers (3414) occupation: skilled (to level NQF4+) skilled (to level
classical ballet dancer and skilled NQF4+), classical
contemporary dancer. ballet dancers must
meet the standard
required by
internationally
recognised UK ballet
companies (e.g.
Birmingham Royal
Ballet, English
National Ballet,
Northern Ballet
Theatre, the Royal
Ballet and Scottish
Ballet). For
operational purposes,
the type of factor to
be taken into account
may include whether
the company has:
performed, or has
been invited to
perform, at venues of
the calibre of the
Royal Opera
House, Sadler’s Wells
or the Barbican,
either in the UK or
overseas; attracts
dancers and / or
choreographers and
other artists from
other countries; and
is endorsed as being
internationally
recognised by a UK
industry body such as
the Arts Councils (of
England, Scotland
and/or Wales).

50
Chapter 4: Results, conclusions and next steps

Table 4.2: Recommended UK shortage occupation list for Tier 2 of the Points Based
System, March 2011 (continued)
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1, 2 and 3)
Musicians (3415) ONLY the following job title in this For this job, the
occupation: skilled (to NQF level 4+) orchestral musicians
orchestral musicians who meet the who are leaders or
standard required by internationally principals must meet
recognised companies (e.g. London the standard required
Symphony Orchestra, London by internationally
Philharmonic Orchestra, Philharmonia recognised UK
Orchestra, and Royal Philharmonic orchestras (including
Orchestra). London Symphony
Orchestra, London
Philharmonic
Orchestra,
Philharmonia
Orchestra and Royal
Philharmonic
Orchestra).
Photographers and ONLY the following job titles within this
audio-visual occupation: roles within visual effects
equipment operators and 2D/3D computer animation for film,
(3434) television or video games: animation
supervisor, animator, computer graphics
supervisor, technical director, CG
supervisor, modeller, rigging supervisor,
rigger, matte painter, texture artist,
compositing artist, producer, production
manager, editor, R&D tools, R&D
software, software engineer and system
engineer.
Metal working ONLY the following job title within this
production and occupation: licensed and military
maintenance fitters certifying engineer/inspector technician.
(5223)
Line repairers and ONLY the following job title within this Skilled to NQF level
cable jointers (5243) occupation: overhead linesworker within 4+ requires that the
the electricity transmission and job involves working
distribution industry skilled to NQF level on high voltage lines
4+. that carry at least
275,000 volts.

51
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

Table 4.2: Recommended UK shortage occupation list for Tier 2 of the Points Based
System, March 2011 (continued)
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1, 2 and 3)
Chefs, cooks (5434) ONLY the following job title within this Skilled to NQF level
occupation: chefs skilled to NQF level 4+ requires that the
4+. individual is earning
at least £28,260 per
year after deductions
for accommodation,
meals, etc; has five
years of relevant
experience in a role
of at least equivalent
status to the one they
are entering; and that
the job should not be
in a fast food or
standard fare outlet.
Notes:
(1) SOC codes relate to the Standard Occupational Classification (SOC) 2000.
(2) n.e.c. stands for ‘not elsewhere classified’.
(3) For official job descriptions relating to four-digit occupations in SOC 2000, see
www.statistics.gov.uk/methods_quality/ns_sec/downloads/SOC2000_Vol1_V5.pdf.

4.11 Table 4.3 shows the recommended


shortage occupation list for
Scotland. This list has not changed.

Table 4.3: Recommended Scotland shortage occupation list for Tier 2 of the Points
Based System, March 2011
Occupation title and Job titles included on the shortage Other information
SOC code (see notes occupation list on skill levels
1 and 2)
Medical practitioners ONLY the following job title within this
(2211) occupation: consultant radiologist.
Notes:
(1) SOC codes relate to the Standard Occupational Classification (SOC) 2000.
(2) For official job descriptions relating to four-digit occupations in SOC 2000, see
www.statistics.gov.uk/methods_quality/ns_sec/downloads/SOC2000_Vol1_V5.pdf.

52
Chapter 4: Results, conclusions and next steps

4.3 Conclusions and next steps shortage occupation lists are


subject to a full review in due
4.12 It is for the Government to decide course and would be content, if
whether and when to accept our commissioned by the Government,
recommendations. As announced in to carry out such work.
UK Border Agency (2011), published
on February 16, the Government will 4.15 In our most recent report on
respond to our recommendations shortage occupations published in
before the introduction of the first March 2010 (Migration Advisory
annual limit on 6 April. Committee, 2010b) we
recommended that all registered
4.13 As discussed in Migration Advisory and pre-registration pharmacists
Committee (2011), we do not believe within the pharmacists /
that the required skill level for pharmacologists occupation (SOC
occupations will change rapidly over 2213) be added to the UK shortage
time. For that reason, we did not fully occupation list, replacing registered
review our original 2008 list of pharmacists working in the NHS or
occupations skilled to National hospitals (including such pre-
Qualifications Framework level 3 or registration pharmacists). We also
above (Migration Advisory recommended that orchestral
Committee, 2008) in our subsequent musicians (within SOC 3415)
shortage occupation reviews in included on the list be more
Migration Advisory Committee narrowly defined by specifying only
(2009a, 2009b and 2010c). those orchestral musicians who are
Nevertheless, over the longer term, orchestra leaders or principals and
the skill requirements for occupations who meet the standard required by
can change, new evidence may internationally recognised UK
come to light, and we may identify orchestras for inclusion on the UK
ways of refining our methodology. shortage occupation list. The
Therefore, the results of periodic Government has not yet signalled
reviews of the full list of NQF4+ whether it accepts these
occupations and job titles should be recommendations. We have
reflected in the shortage occupation therefore not included these
lists for the UK and Scotland. revisions within the shortage
occupation list that we considered.
4.14 As requested by the Government, in Both occupations were found in
this instance we have reviewed the Migration Advisory Committee
shortage occupation list only to (2011) to be skilled to NQF level 4.
remove jobs not skilled to NQF4+. If the Government decided to
We have not considered whether accept our previous advice, Table
labour shortages remain or whether it 4.2 would need to be amended
is still sensible to fill these jobs with accordingly.
migrants from outside the European
Economic Area (EEA). Nor have we
taken evidence on whether new
occupations and jobs skilled to
NQF4+ should be added to the
shortage occupation list. We
recommend that the UK and Scotland

53
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

54
Annex A: Consultation

Annex A Consultation
Annex A: Consultation

A.1 List of organisations that Ground Forum


submitted evidence
Improve Ltd
Alliance of Sector Skills Council
Scotland Institution of Chemical Engineers

Balfour Beatty Utility Solutions Jem Ltd


Limited
JETRO London
Bangladesh Caterers Association UK
KIKU Restaurant
British Horseracing Authority
Lantra
Brooklands Nursing Homes
London Borough of Hackney
Cogent Council

Cwm Taf Local Health Board Marketing Standard Limited

Dearson Winyard International on Marshall Aerospace


behalf of Airbus Operations
Microsoft
Deloitte
Misato Japanese Restaurant
Department of Health
M W Kellogg Limited
e2e linkers
NASUWT
EDF Energy
National Campaign for the Arts
Embassy of Japan endorsed by The Society of London
Theatre & the Theatrical
Engineering Construction Industry Management Association
Training Board
National Farmers Union
Equality South West
National Recruitment Scheme for
General Healthcare Group NHS Pre-Registration Trainee
Pharmacists (England & Wales)

55
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

National Trainers Federation British Hospitality Association

Nursing & Midwifery Council BT

Oil & Gas UK Department of Business, Innovation


and Skills
People 1st
Department of Health
Peter Horada & Co Solicitors on
behalf of Kiku Restaurant Limited Embassy of Japan

PricewaterhouseCoopers Legal LLP Energy & Utility Skills Limited

Rolls-Royce English Community Care


Association
Royal College of Nursing
Fernandes Vaz
Saki Bar & Food Emporium
Fragomen
Scottish Social Services Council
General Electric
Semta
Greater London Authority
Skillset
Marshall Aerospace
Skills for Care and Development
Masala World
Skills Funding Agency
People 1st
Southwark Council
Recruitment and Employment
The University of Sheffield Confederation

Thoroughbred Breeders’ Association Registered Nursing Home


Association
TIGA
Royal Garden Hotel, Kensington
UMU Restaurant
Scottish Social Services Council
Unison
Semta
Visalogic
Skills for Care
A.2 List of individuals /
organisations met with Skills for Care and Development

ADS Group Limited Unilever

Balfour Beatty Visalogic

Bangladesh Caterer’s Association

56
Abbreviations
Abbreviations

ASHE Annual Survey of Hours and Earnings

BHA British Horseracing Authority

BHEST British Horseracing Education and Standards Trust

BTEC Business and Technology Education Council

CG Computer graphics

CoS Certificates of Sponsorship

ECITB Engineering Construction Industry Training Board

EEA European Economic Area

EU European Union

HNC Higher National Certificate

IOSH Institution of Occupational Safety and Health

LFS Labour Force Survey

MAC Migration Advisory Committee

n.e.c. Not elsewhere classified

NESTA National Endowment for Science, Technology and the


Arts

NHS National Health Service

NTF National Trainers Federation

NQF National Qualifications Framework

NVQ National Vocational Qualification

57
Analysis of the Points Based System: Revised UK shortage occupation list for Tier 2
comprising jobs skilled to NQF level 4 and above

ONS Office for National Statistics

PBS Points Based System

R&D Research and Development

RLMT Resident Labour Market Test

S/NVQ Scottish National Vocational Qualification

SOC Standard occupational classification

SSC Sector Skills Council

UK United Kingdom

VFX Visual effects

58
References
References

Livingstone, I. and Hope, A. (2011). Next Gen: Transforming the UK into the world’s
leading talent hub for the video games and visual effects industries. National
Endowment for Science, Technology and the Arts (NESTA), London.

Migration Advisory Committee (2008). Skilled, Shortage, Sensible: the recommended


shortage occupation lists for the UK and Scotland. Migration Advisory Committee,
London. September 2008.

Migration Advisory Committee (2009a). Skilled, Shortage, Sensible: first review of the
recommended shortage lists for the UK and Scotland. Migration Advisory Committee,
London. Spring 2009.

Migration Advisory Committee (2009b). Skilled, Shortage, Sensible: second review of


the recommended shortage occupation lists for the UK and Scotland. Migration
Advisory Committee, London. Autumn 2009.

Migration Advisory Committee (2010a). Limits on Tier 1 and Tier 2 for 2011/12 and
supporting policies. Migration Advisory Committee, London. November 2010.

Migration Advisory Committee (2010b). Skilled, Shortage, Sensible: third review of the
recommended shortage occupation lists for the UK and Scotland. Migration Advisory
Committee, London. March 2010.

Migration Advisory Committee (2010c). Skilled, Shortage, Sensible: Review of


Methodology. Migration Advisory Committee, London. March 2010.

Migration Advisory Committee (2011). List of occupations skilled to NQF level 4 and
above for Tier 2. Migration Advisory Committee, London. February 2011.

UK Border Agency (2011). Tier 2 of the Points Based System: statement of intent,
transitional measures and indefinite leave to remain. February 2011.

59
Migration Advisory Committee Report
March 2011
www.ukba.homeoffice.gsi.gov.uk/mac

© Crown copyright.
ISBN: 978-1-84987-421-2

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