UK Immigration: The Newly Elected Labour Government’s Approach to Immigration Policy

At a Glance

• Labour has outlined plans to address shortages in construction, IT and engineering by reforming the apprenticeship levy to upskill resident workers.
• No specific policies have been announced, however it is considered unlikely that the Labour government will reverse the decision to prevent Student visa holders from bringing their family members with them to the UK.
• Labour proposes establishing a new body to enforce employment rights and investigate abuses, particularly within social care. However, Labour does not plan to reverse the prohibition on carers being accompanied by family members, acknowledging potential exploitation risks.
• In its first day in power, the Labour Party announced the UK-Rwanda asylum plan has been scrapped and that funds would be reappropriated to the newly established Border Security Command.

On 4 July 2024, the Labour Party was elected to power by the UK’s people, with Sir Keir Starmer becoming the new prime minister. After 11 years away from the executive branch of the government, the Labour Party and the prime minister will feel the pressure from the British public to implement policies in alignment with the party’s political standing and move away from the Conservative Party’s approaches to various issues.

This article will summarise some of the changes to immigration policies that may be implemented by this new government.

Reduction of Net Migration

The departing Conservative government previously announced its intention to reduce net migration by an estimated 300,000 people per year. This would represent a substantial decrease compared to the previous two years, when net migration stood at 685,000 in 2023 and a record 764,000 in 2022.

The Labour Party has a historical reputation of showing a more lenient approach to immigration. However, considering the record levels of net migration in recent years, this new government is expected to adopt a similar approach to its predecessor. In its manifesto, while avoiding setting specific targets, Labour announced its immigration policy “will reduce the reliance on overseas workers, address home-grown skills shortages and ensure that hard work is rewarded with proper wages and conditions.”

Work-Sponsored Visas

Labour has outlined plans to address shortages in construction, IT and engineering by reforming the apprenticeship levy to upskill resident workers. Labour intends to review the prior Conservative government’s recent increases in salary thresholds for this category, from £26,200 to £38,700, which represented a 48% increase; this resulted in many businesses having to adapt their hiring policy, specifically in relation to foreign nationals, and many businesses withdrew employment offers to prospective employees whose salaries would not meet the threshold. It could be argued that addressing this issue by lowering the threshold to its previous amount could be detrimental to the government aim of reducing net migration.

Labour also announced an intention to pass laws to prevent employers from overly relying on recruiting of skilled workers from overseas.

International Students

The prior Conservative government implemented policies intended to reduce the misuse of the Student visa route, including preventing Student visa holders from applying for work-sponsored visas before completion of their courses (with some limited exceptions) and from sponsoring their dependent family members (partners and children) for visas.

Labour’s Education Secretary Bridget Phillipson has emphasized the importance of international students, recognizing their contributions to the UK’s educational institutions and economy. No specific policies have been announced, however it is considered unlikely that the Labour government will reverse the decision to prevent Student visa holders from bringing their family members with them to the UK.

Visa Fees

UK visa application fees have increased significantly in recent years, including the cost of the Immigration Health Surcharge, which was increased from £624 to £1,035 per year for adults and £364 to £776 per year for children and students. Faced with these increases, employers have had to adapt their hiring policies or choose to not hire foreign nationals at all.

This also presents an increased challenge for partners and parents of foreign nationals. For example, the total cost of applying for a visa as the family (partner or child) of a British person is approximately £4,900 for a partner and £4,174 for each child, for visas with a duration of two years and nine months. Thereafter, the status holder (partner/child) will have to apply for an extension of two years and six months at a total cost of £3,635 for a partner and £2,988 for a child. These sums do not account for any legal representation costs, visa appointment fees, cost of translating necessary documents, tuberculosis test fees or any other ancillary costs that may be incurred on a case-by-case basis. In other words, individuals are expected to incur fees of up to £10,000 to be permitted to live with their partners and/or children, and this amount increases with each accompanying child.

Labour has not announced any specific policy in relation to the IHS or visa application fees. However, this has been a concern for applicants and practitioners alike and may require government intervention.

Health Care Visa

The Labour Party’s immigration policy also includes measures to tackle exploitation within the health and care sector. They propose establishing a new body to enforce employment rights and investigate abuses, particularly within social care. However, they do not plan to reverse the prohibition on carers being accompanied by family members, acknowledging potential exploitation risks.

UK-Rwanda Asylum Plan

The UK and Rwanda Migration and Economic Development Partnership, also known as the Rwanda asylum plan, was introduced in a speech made by Boris Johnson in April 2022. The plan proposed to relocate asylum seekers from the UK to Rwanda. From its inception, the plan was heavily criticized by the British public and the opposing parties.

In its first day in power, the Labour Party announced the £310 million plan has been scrapped and that £75 million of the funds intended for the plan would be reappropriated to the newly established border security force, the Border Security Command (BSC). In an announcement, the new Home Secretary, Yvette Cooper, announced that the BSC will be tasked with strengthening border security and tackling the criminal organisations responsible for bringing people to the UK through the English Channel and the North Sea.

Conclusion

Immigration is always a contentious subject for any party in power and it is certainly at the forefront of minds of the leaders of the Labour Party, illustrated by the immediate scrapping of the Rwanda plan and the introduction of the BSC. However, the party has stopped short of providing specific figures regarding their plan for immigration, ensuring they do not have specific figures that people can assess.