What is Chef C(l)ause?
Chef C(l)ause is an advocacy platform led by Goldstar Chefs to remove unrealistic barriers within the government’s shortage occupation criteria for non EU skilled Chefs (SOC code 5434 Appendix K of immigration rules). For the past 10 years the government has claimed to ‘welcome’ talented Chefs from around the world but have prevented access to virtually the entire hospitality industry with disabling rules. Specifically restaurants and catering establishments with take away facilities, buffet dining, events catering, batch cooking, central production and multiple outlets were deemed as low skill.
After the October 2019 review of the shortage occupation criiteria the 'take away' restriction has thankfully been removed much to the relief of thousands of skill starved businesses. The take away restriction was a cunning Machiavellian immigration barrier to overseas Chef recruitment simply to meet net migration targets. The restriction classed every high quality restaurant offering collection or delivery as a 'fast food outlet' thereby ineligible to import Chefs.
Whilst the removal of the 'take away' restriction will help the restaurant sector much of UK's hospitality industry STILL remains in the overseas Chefs death knell. Immigration officials have in the past refused and / or withdrawn Chefs work visas for hotels, event caterers, multiple restaurants, central kitchens and food production by applying the 'fast food' and 'standard fare' narrative. The recently amended SOC code 5434 is vague and open to offical distrortion, misapplication and remains a potential barrier. Another issue is the Home Office skills narrative and failure to understand operational needs and parameters. For example a Chef De Partie is deemed as NOT skilled enough in spite of being a senior level post equivalent to the designation listed in the skills criteria, and only ONE such Chef allowed within the Chefs brigade
The criteria remains restrictive with the bar set high for both employer and skilled migrant. We think this is correct and should remain so. Neither we nor many reputable organisations out there are advocating a return to the ease and laxity that enabled manipulations and abuses that consequently led to severe restrictions.
Unfortunately purposely blurred rules remain to distort reality simply to affirm an ill informed and outmoded official line. This is causing unprecedented crisis to businesses especially those founded on specialist skills migrated to this country. Chef C(l)ause continues to challenge unworkable rules that defy reality and threaten the sustainability and growth of thousands of businesses, and the livelihoods they support. Chef C(l)ause continues to instigate urgent review and redress of the Chef criiteria. Chef C(l)ause proposes realistic amendments based on compelling business cases that will also enable the government its 'sustainable migration' aims. A positive and pragmatic approach that fosters good practice, mutual trust and economic benefit is needed to replace the present two way demonisation.
Appendix K Immigration Rules SOC code 5434 - Skilled Chefs (Shortage Occupation list criteria)
OVERVIEW AND PRACTICAL MEANING
The qualifying criteria consists of minimum gross salary of £29,570, five or more years relevant experience in a role of at least equivalent status to the one to be taken up. The official skill parameter of the job has been to cook a individually ordered dish from scratch using fresh raw ingredients. And the job cannot be in either a fast food or a standard fare outlet.
To date the Home Office has classified a place where food is skillfully prepared in bulk or batch to suit operational and service modes as a 'fast food outlet'. A restaurant or hotel buffet and weddings / functions / outdoor catering are therefore viewed as 'fast food' outlets. Multiple speciality restaurants that cook to the same menu in every branch are decried as 'standard fare outlets' in spite of the fact that invariably complex dishes are cooked to an individual customer's order from scratch deploying high degree of culinary skill.
An establishment can only have one 'Specialist' Chef per speciality i.e. an Indian restaurant which operates 12 hours x 7 days can only have just ONE Tandoori Chef in it's kitchen brigade.
Statement from Hans Raj Ram, CEO of Goldstar Chefs and founder of Chef C(l)ause
"I am pleased to have created Chef C(l)ause to tackle this frustration and absurdity.
As a Chef recruiter and Tier 2 sponsor licensing specialist, my organisation Goldstar Chefs has been in the eye of the storm. Restrictions to international recruitment and hostility towards ethnic cuisine restaurants and catering establishments have been economically damaging and have demonised this significant industry sector. I have compelling insight into institutional perversion of rules and its devastating consequences.
This has been a relentless personal crusade for an industry supporting tens of thousands of livelihoods that are being starved to death by erroneous state controls. I am fortunate to be in a position to understand and interpret this problem and do something about it. The call for action is painfully loud and intense, so after pleas and encouragement from clients and associates I have created this platform.
For several years now I have been actively campaigning and lobbying for amendments to the Chefs criteria to make it realistic and workable. I have submitted reports to Migration Advisory Committee (MAC), Members of Parliament, trade associations, industry representatives and sections of the press & media. I have advised other legal practitioners on Tier 2 sponsorship of Chefs, and am widely recognised as a foremost expert in this field. I have fostered good relations with many officials who agree the rules are wrong.
In early 2019 the government commissioned a review of the UK immigration shortage occupation list. Goldstar Chefs were the ONLY organisation to submit a detailed representation which reveal the official barriers to Chef recruitment affecting virtually the entire UK hospitality industry. Our representation is published in the MAC review report, see pages 351 to 365 in link below.
Chef C(l)ause is for you, it needs you as much as you need it, there is STILL much to be done so please get involved.
This is the most powerful and effective way of dealing with unjust and oppressive controls that are hurting your business. Contact me, let's talk.
"LETS DO IT"