The King’s Speech this outlined the main primary legislation agenda for Labour’s first session in power after a 14-year hiatus.
Among a raft of legislation where driving economic growth and building are the focus, a Border Security, Asylum and Immigration Bill was trailed which would “modernise the asylum and immigration system.”
It would create “a new Border Security Command” with “enhanced counter terror powers” to tackle people smuggling gangs.
There is no mention in the King’s Speech of the Labour manifesto promise to “reform the points-based immigration system so that it is fair and properly managed, with appropriate restrictions on visas, and by linking immigration and skills policy.” Even major overhauls of the UK Immigration Rules do not usually require primary legislation.
In press briefings before the election was called, Labour figures had intimated that they would ask the Migration Advisory Committee (MAC) to reexamine James Cleverly’s recent salary hikes which has left Skilled Worker visas and sponsoring partners/spouses on family visas largely an option open only for those earning above average salaries. These arbitrary hikes on top of increases in visa fees and the Immigration Health Surcharge have left the UK with one of the most expensive immigration systems in the world.
The Labour Manifesto vowed to “strengthen the Migration Advisory Committee, and establish a framework for joint working with skills bodies across the UK, the Industrial Strategy Council and the Department for Work and Pensions.”
This suggests a return to evidence-based immigration policy changes compared to recent months, with the MAC holding customary consultations with calls for evidence from stakeholders and sectors affected by changes.
We may have to wait at least until the spring (when big Immigration Rules changes usually occur) for any big changes from the new Home Secretary Yvette Cooper.
Revoking sponsor licences
The manifesto also hinted at measures to revoke the sponsor licence of employers who “abuse the visa system” or breach employment law, barring them from hiring workers from abroad.
This is unlikely to entail major changes as sponsor compliance obligations already include requirements to ensure employers comply with wider UK, don’t behave in a manner not conducive to the public good or abuse the work visasystem.
To keep their licences employers should ensure they follow the Home Office’s guidance on licence compliance and management and that they keep up to date with changes. If in doubt, employers should seek legal advice and a regular audit of compliance systems never hurt.
Read the full article in the Solicitors Journal