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IMMIGRATION: An Introduction to UK-wide

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Introduction 

UK immigration law is a constantly evolving practice area due to its highly politicised nature, numerous legislative sources and policy guidance governing migration and nationality. Presently, developments within UK immigration law are most impacted by the priorities of the current Government, the UK’s exit from the European Union and the post-pandemic economic environment. This overview will outline current economic, legal and political trends impacting UK immigration law.

Economic trends 

Labour market demands and skills shortages 

The ongoing global race for talent has proven challenging in the UK. Personnel shortages in critical sectors, including medicine, transport and agriculture, have been rampant since the convergence of pandemic pressures and Brexit. The Shortage Occupation List (SOL) is a document produced by the Home Office, including occupations with a shortage of skilled domestic labour and for which the Government agrees to fill shortages with migrant workers via the immigration system. The SOL has been used to attract critical workers to the UK by decreasing the minimum annual salary required to 80% of the going rate required and reducing visa application fees for applicants in such occupations. This policy is intended to boost the economy and improve recruitment. The Migration Advisory Committee (MAC), an independent public body that advises the Government on migration issues, can recommend changes to the SOL and has done so in the past. However, the Government and MAC have expressed hesitancy to use further changes to the SOL to fill temporary skills shortages.

The economic impact of immigration 

According to the Migration Observatory at the University of Oxford, evidence-based research shows that UK-born workers are minimally impacted by migration, with low-wage workers more likely to be negatively impacted and middle-class and highly-paid workers more likely to benefit. Empirical research demonstrates that migration does not constitute one of the primary factors shaping low-wage workers' position in the labour market and economic circumstances. Nevertheless, the economic impact of immigration remains an often-discussed issue in public life and the media.

Legal trends 

Digitalisation of the immigration system 

As part of the Government's priority to strengthen border security and simplify application processes, a number of legal and operational changes are to be implemented by 2025.

The Electronic Travel Authorisations (ETA) scheme will begin with selected Gulf nationalities from November 2023. This initiative will require non-visa national travellers – those who do not need permission from the Home Office to enter the UK as a visitor – who wish to visit or transit through the United Kingdom to request and be granted electronic permission. The Government indicates that more countries will be added to the scheme at a later date, with the expectation that the scheme will eventually apply to all non-visa nationals.

By the end of 2024, the Government intends to fully shift to a digital immigration status system with the ability to apply, prove identity, receive immigration status and cross the border without needing a physical travel vignette or Biometric Residence Permit (BRP). Some migrants have begun to receive digital status as a default, such as EU migrants under the EU Settlement Scheme, and all BRPs are to expire by 31 December 2024 in anticipation of such changes.

Increased uptake of sponsorship 

As a result of the end of EU free movement and increased emphasis on the Skilled Worker and Health and Care Worker routes, UK businesses have sharply increased the uptake of sponsor licences. Since 2019, the number of organisations on the register of sponsors has increased by 54.7% – from 30,730 sponsors to 56,129 in 2022.

Most sponsoring organisations hold a licence to employ Skilled Worker or Health and Care Worker migrants – this aligns with general labour and immigration trends following the UK withdrawal from the EU and post-COVID-19 pandemic global mobility developments.

Changes to humanitarian routes and asylum 

The war in Ukraine, political unrest in Hong Kong and the Taliban takeover of Afghanistan have required the Home Office to act alongside other countries in accommodating migrants from the affected regions. However, unlike its counterparts, the UK Government has continued to opt for creating the following 'bespoke humanitarian schemes' in addition to the existing asylum system:

  1.  Ukraine Family Scheme
  2. Ukraine Sponsorship Scheme (Homes for Ukraine)
  3. Ukraine Extension Scheme 
  4. British National (Overseas) route  
  5. Afghanistan Citizens Resettlement Scheme (ACRS)
  6. Afghanistan Citizens Resettlement Scheme (ACRS)
  7. Afghan Relocations and Assistance Policy (ARAP)

Additionally, The Home Office has indicated that it intends to emphasise humanitarian routes in the coming years. However, no specific countries or nationalities have been officially noted as those that would benefit from such schemes.

As part of efforts to end small boat crossings across the English Channel, the Government introduced the Illegal Migration Bill on 7 March 2023. The Bill seeks to:

'prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by requiring the removal from the United Kingdom of certain persons who enter or arrive in the United Kingdom in breach of immigration control.'

Proposed measures of the Bill would result in most asylum seekers being deemed inadmissible and ineligible for refugee status in the UK, with some potentially resettled in Rwanda pending current litigation. Additionally, the Bill would prevent irregular migrants and their children from ever obtaining British citizenship, set an annual cap on the number of migrants permitted to enter the UK via 'safe and legal' humanitarian routes and limit eligibility for protection under modern slavery provisions.

Political trends  

Brexit and the impact on immigration policy  

The end of EU free movement following 31 December 2020 has significantly impacted immigration policy and political trends. The EU Settlement Scheme (EUSS) has provided a mechanism by which EU nationals and their family members can stay in the UK on the basis of their pre-Brexit UK residence, with the Government estimating that 5,904,510 people applied to the Scheme, and over 5.4 million have obtained a grant of temporary or permanent residence. With the Scheme closing for most new applications in June 2021 (although late applications are permitted under certain conditions), the lack of new EU national labour and COVID-19 global travel restrictions has marked a paradigm shift towards focusing on non-European immigration. New immigration schemes such as the Indian Young Professionals Scheme, Graduate visa, High Potential Individual visa, Global Business Mobility routes and Innovator Founder visa demonstrate a preference towards attracting and retaining highly skilled and early career migrants post-Brexit – similar to demographics under EU free movement. Whilst the Government has taken proactive steps towards attracting such applicants, countries including Canada, Australia and the United Arab Emirates compete with their generous and attractive migration routes.

Shifting policies and priorities 

The Home Office has seen five Home Secretaries since 2019, with differing priorities and policy positions on migration. Since beginning her tenure in October 2022, current Home Secretary Suella Braverman has expressed her desire to reduce net migration to under 100,000 and end small boat crossings. Nevertheless, the Government's political direction stands at odds with criticism that post-Brexit immigration laws have caused critical labour shortages in the UK as net migration figures continue to increase. The upcoming General Election will determine whether the current direction of the Government's migration priorities aligns with public opinion or if further changes to UK immigration law and policy can be expected in the coming years.