Search

How can we help?

Icon

And a vindaloo visa please…

Priti Patel had recently announced the introduction of the ‘vindaloo visa’, which came into effect on 6 October 2019. But what exactly is this visa? The vindaloo visa is not actually a new visa, but an amendment to the Tier 2 Shortage Occupation List. The amendment followed the recommendation of the Migration Advisory Committee (MAC).

The reality is that a lot of restaurants rely on their EEA workers as they are unable to sponsor non-EEA workers on a Tier 2 visa. This may be because the job roles are not considered to be ‘highly skilled’. However, there are a limited number of roles which the Home Office recognises as being skilled which includes:

  • Executive chef – limited to one per establishment
  • Head chef – limited to one per establishment
  • Sous chef – limited to one for every four kitchen staff per establishment
  • Specialist chef – limited to one per speciality per establishment
Monica Atwal

Managing Partner

View profile

+44 118 960 4605

The reality is that a lot of restaurants rely on their EEA workers as they are unable to sponsor non-EEA workers on a Tier 2 visa.

Even if the job role falls under one of the above, the second obstacle that restaurants tend to face is that they are unable to sponsor a worker because their restaurant offers a takeaway service. The Shortage Occupation List has a category for skilled chefs, but this category is restricted due to the conditions it imposes, which include:

  • There is a minimum salary requirement which is £29,570 after deductions such as accommodation, meals etc
  • The chef must have 5 or more years of relevant experience in a role of at least the equivalent level as the current
  • The job must not be in outlet which produces fast food or a takeaway service.

Fortunately, the so-called vindaloo visa now allows more restaurants to sponsor non-EEA national chefs as it has removed the takeaway service restriction. This is good news as it finally recognises that many high-end restaurants also provide a takeaway service, but still require skilled chefs. Although it is to be pointed out that they must still meet the other eligibility criteria.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

Pub
  • 26 March 2024
  • Privacy and Data Protection

AI Podcast: AI and Data Security

In the third and final podcast in our ‘AI Podcast’ trilogy, members of the data protection team, will be discussing how to use AI to process data safely. They will be looking closely at the risks for businesses and the types of data security protections you can put in place.

art
  • 26 March 2024
  • Privacy and Data Protection

Key considerations for data retention policies

In the ever-evolving landscape of data protection regulations, data retention stands as a crucial aspect of compliance and risk management for organisations across industries.

art
  • 21 March 2024
  • Immigration

What is a right to work share code?

A right to work share code is a unique 9-character alphanumeric code generated via the UK Government website. This initiative has been implemented by the UK Government to verify an individual’s right to work online.

Pub
  • 21 March 2024
  • Employment

TUPE Podcast Series: Who Transfers?

In this fifth podcast in our TUPE Podcast Series, Amanda Glover will be focusing on ‘who transfers’ under TUPE. Looking at the definition of ‘employee’ under TUPE legislation and the tests that apply in deciding if those employees transfer.

art
  • 20 March 2024
  • Employment

Changes to Employment Laws from April 2024 – are you ready?

There’s a large number of employment law changes coming in April which are set to shake up the workplace. It’s crucial for employers to stay informed and prepared.

art
  • 19 March 2024
  • Employment

Instant Messaging in the Workplace: Factors to be aware of

Workplaces have changed beyond recognition in the four years since the first COVID-19 lockdowns. This anniversary represents an opportunity to look back at how workplaces have changed in that period, from the increased use of flexible and hybrid working, to the continuing and significant integration of more technology in office-based work.