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Cooking up a storm: Tier 2 chefs

 
 
 
  
 
 
       
 
 
 
 
 

UK immigration rules make a distinction between chefs working in takeaway establishments and those working in restaurants.

If the job requires five or more years of relevant experience in a role of at least equivalent status to the one in which the visa applicant is proposing to start, and the job is neither a fast food outlet, standard fare outlet or takeaway outlet, then the position will fall under the chef roles on the Tier 2 Shortage Occupation List.

This has recently been the subject of High Court cases in which chefs argued that it’s arbitrary and unreasonable to exclude from the Shortage Occupation List those working at restaurants that provide high-quality cuisine just because the establishment also, incidentally, happens to offer takeaway service. The chefs argued that all skilled chef roles should be on the Shortage Occupation List, and that the focus should be on the nature of the establishment rather than the fact that it incidentally provides takeaway food.

The Secretary of State argued otherwise and the court agreed, finding that the exclusion of jobs in takeaway, fast food and standard fare outlets from the Shortage Occupation List was justified. The court based its decision on evidence provided by the government that takeaway establishments were generally not associated with the kind of cuisine requiring highly skilled chefs.

In view of the rise in the number of gig economy delivery drivers delivering takeaway orders from fine-dining establishments, this is surely an issue that will rumble on.

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Cooking up a storm: Tier 2 chefs

Employment and Social Development Canada Minister Jason Kenny announces moratorium on the Food Service’s Sector’s access to the Temporary Foreign Worker Program

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Recent media coverage in Canada showed certain fast food restaurants misusing the Temporary Foreign Worker Program.  In response Canadian Employment Minister Jason Kenny announced an immediate moratorium on the Food Services Sector’s access to the program. Effective April 24, 2014, Employment and Social Development Canada (ESDC) stopped processing any new or pending LMO applications related to the Food Services Sector, and any unfilled positions related to a previously approved LMO were suspended.

No word on when the moratorium will end, as it will remain in effect until the Temporary Foreign Worker Program has been reviewed.

Read this complete article to learn more.

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Employment and Social Development Canada Minister Jason Kenny announces moratorium on the Food Service’s Sector’s access to the Temporary Foreign Worker Program