NEW ARRIVALS A FAIR IMMIGRATION PLAN FOR LABOUR - THOM BROOKS - Fabian Society
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NEW
ARRIVALS
A FAIR IMMIGRATION
PLAN FOR LABOUR
THOM BROOKS
FA B I A N I D E A S N O. 658Fabian Society 61 Petty France London SW1H 9EU www.fabians.org.uk Fabian Ideas 658 First published April 2022 ISBN 13 978-0-7163-0658-0 Editorial director: Kate Murray Assistant editor: Vanesha Singh This pamphlet was kindly supported by Durham Law School and Unbound Philanthropy. This pamphlet, like all publications of the Fabian Society, represents not the collective views of the society but only the views of the author. The responsibility of the society is limited to approving its publications as worthy of consideration within the labour movement. This publication may not be reproduced without express permission of the Fabian Society. © The Fabian Society 2022 The moral rights of the author has been asserted. British Library Cataloguing in Publication data. A catalogue record for this book is available from the British Library. designbysoapbox.com Printed and bound by DG3, London, UK To find out more about the Fabian Society, the Young Fabians, the Fabian Women’s Network and our local societies, please visit our website at www.fabians.org.uk
FABIAN IDEAS NO. 658 NEW ARRIVALS A FAIR IMMIGRATION PLAN FOR LABOUR THOM BROOKS INTRODUCTION: A NEW APPROACH 2 PART ONE: PROSPERITY 10 CHAPTER 1 Open for business 11 CHAPTER 2 Supporting students 17 PART TWO: RESPECT 20 CHAPTER 3 Family-friendly 21 CHAPTER 4 Knowing English 27 CHAPTER 5 Celebrating citizenship 30 PART THREE: SECURITY 36 CHAPTER 6 Smarter borders, better controls 37 CHAPTER 7 Money matters 43 CHAPTER 8 Safe sanctuary 48 CONCLUSION: A FAIRER FUTURE 55 ACKNOWLEDGEMENTS 57 ENDNOTES 58
INTRODUCTION
A NEW APPROACH
The sight of millions of refugees stay to three years under pressure from
streaming out of war-torn Ukraine its backbenchers and Labour.4 At every
has shone the spotlight once more on step, the UK government dithered and
the UK’s asylum policy. Our response delayed, following others rather than
to the devastating human tragedy was leading the way. Its response lacked
shockingly slow and inadequate. While both competence and compassion.
the EU announced it would allow entry Asylum is only one area where
to any Ukrainian national for up to three the government is getting it wrong
years, the Conservative government on immigration. Today, the UK is faced
imposed several conditions, significantly by the great migration dilemmas of our
limiting the support available. Only time. The first is that our immigration
the immediate family of Ukrainians system has been needlessly slow to react
already settled here were told they to major events, such as in Afghanistan,
could have sanctuary.1 Many desperate Hong Kong and now in Ukraine.
families were left exhausted and A second dilemma is Brexit.
distraught as they struggled to make The British public voted to end EU
sense of the rules.2 free movement and ‘take back control’
Unlike the EU which waived of the UK’s borders, but there was no
visa requirements, the UK required clear plan for how a post-Brexit system
Ukrainians to obtain visas.3 Hundreds would work. A third problem is the
of people who had escaped the war found steep rise in English Channel crossings
themselves stranded in Calais trying to by refugees linked to the Europe-wide
secure the right paperwork, with many migration challenge. This has caught
of them being told to travel to Paris the government off guard, and it has
or Brussels to apply. And originally, been unable to implement a clear,
the government said visas would be workable strategy to address the issue.
valid for only 12 months, only to have In the face of all of these challenges,
to extend the period applicants could the Conservatives make promises they
2NEW ARRIVALS
do not keep. The government’s ‘new’ paid since April 2019 and over 14,500 of
points-based system was meant to put those affected have received documents
‘Global Britain’ on the world stage and confirming they are British citizens.10 It is
put rocket boosters under the economy, shameful that the pursuit of enforcing
but it has yet to make its mark.5 For a hostile environment for unlawful
nearly a decade, the Tories said repeat- migration became hell for so many
edly that they would cut net migration – of our fellow citizens.11
the difference between immigration and Recent months have seen a rollcall of
emigration – to under 100,000 annually. further errors, from the failure to reduce
Yet, the annual figure was never English Channel crossings to the delayed
higher than under the Conservatives, Afghan citizens resettlement scheme,
reaching a peak of 329,000 in 2015 and and from denying any recourse to public
consistently sitting at twice or more funds so condemning some migrants to
their target.6 By 2019, this manifesto destitution to today’s limited and chaotic
pledge commitment was finally dropped support for Ukrainians fleeing war. The
when simply nobody believed they had Conservatives inherited a system which
any ability to deliver it.7 Labour had attempted to make fairer.
To help reduce migration, the After more than a decade, they have left
Conservatives promised to create us with an immigration system that is
a ‘hostile environment’ for unlawful dysfunctional and uncompassionate.
migration. But this approach has proven
as ineffectual as it is cruel. Enforced LABOUR’S OPPORTUNITY
removals have dropped annually since With so much going badly wrong,
2012 and returns generally have fallen it is no surprise that the public have
substantially since 2015 to record lows lost confidence in the Conservatives
pre-Covid.8 Tough talk was matched on immigration. In an opinion poll in
with little action in practice. And what December last year, Ipsos MORI found
action there was too often turned out that the policy area where the Con-
to be plain wrong, notably in the case servatives scored worst was ‘managing
of the Windrush scandal, when some of migration’. A mere 14 per cent of the
those threatened with deportation were public thought the Tories were doing
the children of Commonwealth citizens a good job on the issue, while 73 per cent
who had lived and worked in the UK for said they were doing a bad job. Con-
decades. According to Oxford’s Migration servatives are no longer the most trusted
Observatory, one of several key problems on immigration.
with the government’s approach was Labour’s best opportunity to win
the ‘absence of a strong evidence base’ back public confidence is right now.
on both the impact of enforcement We cannot expect to build a sustainable
policies and “the potential unintended foundation of support simply because
consequences for legal residents”, such the Conservatives have lost theirs. When
as their unlawful deportation.9 More I ask our members and supporters about
than £35m in compensation has been immigration, their response is often to
3FABIAN IDEAS NO. 658
talk about the Tory policies they want to In her book Beyond the Red Wall,
end, such as the hostile environment or Deborah Mattinson found the public
indefinite detention for asylum seekers. were turned off by the perception that
They are right to want these changes. Labour’s immigration policies offered
But we must focus on what we propose. overly generous support to migrants
Voters need to believe Labour could do that was unavailable to working families.
better if it won the next general election. They felt further squeezed by a system
A new Labour plan for immigration that seemed to encourage low-paid
must spell out a positive and practical migrants to undercut their wages. Immi-
vision of what a fit for purpose system grants were perceived disproportionately
would look like under a future Labour to receive benefits beyond the reach of
government. It must be a plan rooted in contributing working communities, even
progressive values and it must deliver if this view of migration was not backed
what it promises. We must move away up by the evidence.15 Perceptions matter
from talking about how the Conserva- and the public has perceived our policies
tives have got immigration wrong and, as unfair. To win voters back – and attract
instead, focus on the ways we will get it the new supporters we will require –
right with new Labour policies that we Labour needs to send a clear signal that
can be proud of. This is key to winning we offer immigration policies that speak
trust – and it is critical for our future to this concern and that are backed
electoral success.12 by evidence.
When in government, Labour The watchword for Labour’s new plan
recorded several key achievements. for immigration must be fairness. Fair-
It became easier for parents to register ness is at the heart of our fundamental
their children as British, we set new British values like democracy, the rule
English standards for permanent of law, individual liberty and a mutual
residency, we launched a citizenship test respect for and tolerance of others;
aimed at fostering integration, we created it connects them like a golden thread.16
citizenship ceremonies to celebrate To be fair is to respect our democratic
those becoming British and we even governance, uphold the rule of law
started an Australian-style points-based and oppose self-righteous populism;
system.13 Nevertheless, part of Labour’s it is to defend our freedoms and show
past difficulty on immigration is that compassion towards others. In the
the system overall did not appear fair famous words of philosopher John Rawls
to much of the public. In studies of ‘justice is fairness’.17 A just immigration
what went wrong for Labour in the system represents a fairer approach.
so-called ‘Red Wall’ in 2019, Labour’s It is exactly what is needed now to reset
‘weak policies on immigration’ were the narrative about immigration and
identified as a key factor.14 I understand champion a compelling new approach to
these findings as I live in the Red Wall what a Labour government will deliver.
constituency of Sedgefield that turned A new fair immigration plan must be
blue at the last election. underpinned by four aims. The first is
4NEW ARRIVALS
it should be pro-prosperity. The system security.19 He has talked of forming
must better enable economic growth and a government where everyone will
take advantage of new opportunities. feel safe in their communities, have
A second is it must be more compassion- opportunities to realise their ambitions
ate, especially towards those seeking and to feel valued for who they are and
sanctuary. Britain should be a welcoming what they do.
friend to those most in need and no As I lay out what a new Labour
longer a hostile environment. The third immigration system might look like,
aim is flexibility. A new immigration I have used the notion of fairness and
system should not manage numbers by these three principles of prosperity,
raising costs or making procedures more respect and security. I therefore divide
burdensome. It should be easier to use the pamphlet into three parts. The first
and adaptable to circumstances whether part focuses on prosperity. These chapters
that is to support Ukrainians in need or look at how Britain’s points-based system
to help businesses. Finally, the fourth aim could be improved to make the most of
is the new system should be underpinned opportunities for business, education and
by robust enforcement. Rules should developing skills. It also considers new
not be created that are never used. The policies about work and study. The second
public must have confidence in how part is on respect. These chapters consider
the system works. how the system could be improved to
support families, promote integration and
OUR ROAD AHEAD celebrate citizenship. The third and final
In his recent Fabian Society pamphlet part concerns security, including asylum
The Road Ahead, Keir Starmer set out and refugee policy. These chapters
a vision for what a Labour government cover how the immigration system can
under his leadership would look like. raise standards, deliver better value for
He rightly said that ‘the future will money, improve integrated data about
belong to those who do not just mitigate border crossings and construct a more
against change but grasp the opportuni- humane asylum policy.
ties it provides’.18 His Labour party must Overall, there are more than 60 dif-
seize opportunities when they arise, ferent policy recommendations covering
setting the agenda, not merely reacting everything from entry to deportation,
to it. Given that the public rates the Tories work to family reunions, temporary
worst on immigration, the moment has residency to becoming British and support
come to inject leadership into the debate for refugees. These recommendations
and show how another, more compelling, outline how Labour can take advantage
future is possible. of post-Brexit opportunities, restore the
The importance of fairness takes public’s confidence in our handling of
shape in Starmer’s notion of a new immigration and make the system fairer.
contract with the British people, with Most importantly, Labour’s new plan must
a government based on the three simple be clearly communicated and deliverable.
principles of prosperity, respect and We must say what we will do – and then
5FABIAN IDEAS NO. 658
do what we say. We have to convince more evidence-based, engagement with
voters that we can be trusted to deliver the immigrants’ first-hand experiences rather
transformation our country so desperately than the divisive opining we have become
needs. Labour has an opportunity to all too accustomed to. Such rhetoric has
create a new, fairer system rooted in contributed to many of the problems the
our values. If we inject competence and immigration system has today.
compassion into immigration policy we Over the last 20 years, I have spoken
can make it fit for purpose to deal with with hundreds of migrants about their
the great challenges of our time. experiences. They often reveal new
insights into problems that do not always
AN IMMIGRANT ON IMMIGRATION make it into the news reports or scholarly
This pamphlet’s subject matter is deeply textbooks. The failure of governments to
personal to me. I am an immigrant. consult with the public can make these
I know about acquiring study and work problems worse over time.20
visas in multiple countries, passing I have been privileged to have met
the citizenship test and becoming and discussed immigration with several
British because I experienced all of this former Home Secretaries, immigration
first-hand. Originally from the United ministers and shadow ministers as well
States, I lived in the Republic of Ireland as numerous special advisors. It is worth
before moving to the United Kingdom highlighting how enormously grateful
in 2001 and am proud to have become I have been, as an immigrant, to have
a citizen in 2011. Along the way, I have a voice in Labour’s thinking about
applied and sat interviews for work or immigration – although all recommen-
study visas from fixed-term to permanent dations suggested in this pamphlet are
residency and citizenship. I know what it mine alone.
is like to sit on the other side of the glass The freedom to have the time and
from a border agent because I have been resources to make these contacts,
there myself several times – even though conduct research and develop proposals
I enjoyed the privileges that come with is thanks to my day job as a professor
being a white American with a PhD. of law and government. I owe much
Since arriving in Britain, I have been to my students, many of whom are from
disappointed to find that virtually all overseas like me, and have a talent for
contributors in the immigration debate helping spot gaps and inconsistencies.
are non-immigrants attempting to I have sought to combine these insights
talk about what should be done about from first-hand experience, numerous
people who, like me, are immigrants. interviews with members of the
Immigrant voices are too rarely heard. public, policy discussions with various
Since becoming a British citizen, I have Labour politicians drawn from both
become passionate about ensuring this the Commons and the Lords and their
imbalance is corrected. Whatever else staff as well as my academic research to
we do about immigration, there must be recommend this new immigration plan.
6NEW ARRIVALS
A new immigration plan for Labour: key recommendations
Part 1 – Prosperity
Chapter 1
1. Consult annually on the points-based system with employers and work
visa holders
2. Retain the power to cap the number of work visas but only use
it in exceptional circumstances
3. Make work visa rules nationality neutral
4. End tier 1 (investor) visas
5. Reduce work visa fees
6. Standardise work visa processing times
7. Give people more time to enter the UK with a new work visa
8. Replace standard minimum salary threshold with occupation-specific
thresholds
9. Consider use of short-stay business visas
10. Launch region-linked visas
11. Develop a longer-term strategy for seasonal workers
Chapter 2
12. Allow students who are awarded indefinite leave to remain during their
studies to access UK student finance
13. Ensure universities maintain comparable overall satisfaction for both
British and overseas students during their degrees
14. Maintain the graduate visa with a review to consider extending scheme
15. Expand the Turing scheme to support overseas student exchanges, year
abroad exchanges for British students and academic staff exchanges
16. Reduce the health surcharge for the youth mobility visa
Part 2 – Respect
Chapter 3
17. Review the salary threshold for spousal visas and for caring for elderly
or dependent family
18. Allow anyone on the family route to receive recourse to public funds,
if approved by the Home Office, without the additional residency required
for settlement
19. Allow EU citizens with pre-settled status to become settled in five years
without reapplying
20. Grant a transition period of no more than six months for ex-spouses
to apply for permanent residency, if they met all requirements before
the relationship ended
7FABIAN IDEAS NO. 658
21. Reduce residency requirement from seven to five years for overseas parents
of British children to stay permanently
22. End use of the ex-spousal reporting form
23. Require the courts to notify the Home Office when a divorce or dissolution
is finalised
24. Prevent the Home Office calling those receiving Windrush compensation
‘customers’ and instead say ‘victims’
25. Ensure more systematic evidence gathering, consult with users of the
immigration system, produce more policy-relevant data and commission
systematic independent evaluations of major policies before implementation
to avoid a future Windrush scandal
Chapter 4
26. End exemptions from English language tests based on nationality
or qualifications to ensure standards are met
27. Ensure equal recognition of native British languages like Welsh, Scots Gaelic
and Cornish
28. End the postcode lottery of English language teaching
Chapter 5
29. Launch a citizenship advisory group to consult the public and create a new
Life in the UK citizenship test that is fit for purpose
30. Encourage the teaching of the citizenship test handbook’s content
in secondary schools
31. Introduce a contribution test based on volunteering that expedites citizenship
32. Make citizenship ceremonies more publicly visible
33. Introduce a new bank holiday called UK Day
34. Create a minister for citizenship and civic participation
Part 3 – Security
Chapter 6
35. End the ‘hostile environment’
36. Support the eVisa programme with a revised electronic travel
authorisation (ETA) system
37. Incorporate ETA data into the Office for National Statistics’ RAPID database
to improve the evidence base informing immigration policy
38. Implement the Law Commission’s recommendations for simplifying
the immigration rules in full
39. Invite the Law Commission (or a Royal Commission) to draft a new
immigration bill harmonising primary legislation in one simplified Act
that would become the new legislative foundation for the future
840. End inclusion of minor traffic offences in considering good character
41. Automatically refuse permanent residency or citizenship to anyone on a sex
offenders register in the past or present
42. Launch a hate crime offender register
43. Automatically refuse permanent residency or citizenship to anyone
convicted of a hate crime
44. Automatically refuse permanent residency or citizenship to anyone
convicted of murder
Chapter 7
45. Update and improve the costings for the immigration health surcharge
46. Review the immigration health surcharge for immigrants working and
paying taxes
47. Ringfence the income and expenditure for the immigration system
ensuring it is entirely self-funded and self-sustaining without public funds
48. Review and reduce immigration-related application fees
49. End fees for children to register as British citizens
50. Launch a migration contribution fund to share the benefits of migration
with communities
51. Include any bankruptcies when living abroad in considering good character
52. Require that all taxes have been paid and any NHS debts cleared to meet
the good character requirement
Chapter 8
53. Clearly signpost support for asylum seekers at all air, ferry and rail
international terminals
54. Work with organisations like City of Sanctuary UK to more widely share
information and support to asylum seekers
55. Ban outsourcing of vetting asylum applications to third countries
56. Allow asylum seekers to find work after six months
57. Review financial support for asylum seekers, including the circumstances
where recourse to public funds is permitted
58. Require the Home Secretary to certify that the continuation of all immigration
detentions are in the interest of national security at least every 60 days
59. Agree an extradition arrangement with the European Union to replace the
Dublin regulation or rejoin it
60. Review the availability of a safe legal route for claiming asylum in Britain,
including reinstating the Dubs amendment
61. Create a new emergencies asylum programme to plan for future
crisis situations
62. End the use of indefinite detention
9PART 1
PROSPERITY
Keir Starmer’s proposed contract with the British people is built on three
principles – prosperity, security and respect. This part considers ways
in which the principle of prosperity could be applied to immigration. Prosperity
is defined in this contract as ensuring everyone has opportunities to thrive,
realise their ambitions and possess the skills needed to prosper. The chapters
below show how prosperity can become embedded in immigration
policies relating to rules for workers and students that support businesses,
foster innovation, create opportunities and better develop skills.
10CHAPTER 1
OPEN FOR BUSINESS
Britain must be open for business. delivering greater prosperity for all that
Immigrants play an important role in the public can support.
supporting our economy and its growth.21
Each year there were nearly 190,000 work A BETTER POINTS-BASED SYSTEM
visas granted pre-pandemic and before A points-based system is where individ-
the end of the Brexit transition period, uals can gain a visa if they have enough
but this has dropped since to 145,000.22 points for it. The current system requires
This is despite strong public support for someone to have 70 points or more to be
economic migration generally. able to receive a temporary work visa.25
While the Conservatives boasted their Some of the requirements are manda-
new plan for immigration would provide tory: everyone must have a sponsored job
a significant boost to businesses, the offer (20 points), a skilled job (20 points)
economic benefits from Brexit have yet and sufficient English (10 points). The
to materialise.23 While most EU nationals remaining 20 points to qualify for a visa
already in the UK remained after free can be gained in a variety of ways, such
movement ended, fewer new arrivals are as if the job is in a preferential ‘shortage
applying for work under the new rules – occupancy’ list, the job pays a higher rate
EU citizens made up only 8 per cent of all or if individuals hold higher degrees.
work visa applications between January The idea is that such a system
to end of September 2021.24 can maintain control (eg ensuring
Labour needs a new points-based English standards, limiting the range
immigration system for our post-Brexit or number of available jobs) while
world that provides a combination of strategically incentivising immigrant
stability – so businesses can plan for labour to desired areas (eg the use of
the future – and greater agility, allowing shortage occupancy lists) and allowing
them to explore new opportunities. appropriate flexibility in how individuals
These policies would underline Labour might qualify (eg trade-offs in salary
as the party of business as well as or education and skills).
11FABIAN IDEAS NO. 658
Labour can improve the points-based demand. A hard cap holds the UK back.
system that it launched back in 2008 – Nonetheless, the cap should not be
that the Tories have since stifled – by scrapped so that this immigration control
giving greater certainty, clarity and can be maintained should circumstances
flexibility to make it more pro-business change. The public is especially support-
in a controlled way.26 Points-based ive of controlled economic migration and
immigration systems are a popular way suspending the cap, but not scrapping it,
to attract skilled workers to Britain, allows for this.
especially to help strategically target
occupational needs to support the LEVEL PLAYING FIELD IS NOT
economy. They provide consistency FOR SALE
with flexibility, but a significant drawback The government proclaimed its new
is they can be complex to navigate for plan for immigration would provide
prospective workers and their employers. greater simplicity and equality, treating
A recent report by the all-party parlia- all non-UK citizens the same. This policy
mentary group on migration found about was highlighted as a cornerstone of the
half of respondents surveyed did not ‘new’ points-based system to be intro-
sponsor work visas at all because of legal duced post-Brexit. The Home Secretary
complexity and high costs.27 was clear: ‘The UK now decides who
Labour should look to simplify comes to our country based on the skills
the form and content of a renewed people offer, not where their passport is
points-based system, keeping this under from’.28 The different treatment between
annual review. It should consider public EU and non-EU citizens was supposedly
feedback from users, most especially an example of how the Tories would
employers and those on work visas. make immigration fairer for all.
It is important to control how the system The problem was that what they
operates at a high level, but this should announced in press releases was not
be informed through the experiences written into the actual policy documents.
of people on the ground. If users have The new plan for immigration describes
difficulties in finding information how the government intends to
or making an application, this will implement its earlier White Paper. On
undermine the potential of the system its first page, the White Paper claims the
overall to promote prosperity. government intends to grant ‘different
The Tories used to have a cap on treatment for certain migrants’. This will
the number of work visas they would be based, in part, on any international
grant, but this has been suspended for agreements made, such as offering more
several years. Labour should consider favourable migration arrangements
continuing this policy of a suspended in return for a better trade deal.29 The
cap on work visas. It should be reviewed government was intending to create
annually. We want to attract the best and an immigration system applying to
brightest as well as essential workers to all – unless departing from the rules
support our economy and meet employer would help grease the wheels for a new
12NEW ARRIVALS
trade deal. There have already been I have been recommending this visa
reports that efforts are underway to should be stopped since 2014. But it
obtain a more beneficial trade deal with was not until a review over concerns
India. Part of this deal could involve that this fast-track route to settlement
easing rules for Indian nationals to live can attract dirty money that the Home
and work in the UK although no such Secretary – at the time of writing –
arrangements have been agreed yet.30 finally decided to end this investor visa
The Tories have put our system up for scheme.34 It would not be in Britain’s
sale offering different standards to the interest either economically or for its
highest bidders. security to bring the investor visa back.
Labour should consider an alternative It is contrary to any fair immigration
way forward by ensuring the work system to allow the wealthiest to
visa route is the same for all nation- leapfrog over others to obtain residency
alities as part of a fair play approach. or citizenship on account of their
When it comes to supporting the affluence. Instead, Labour should
ever-changing needs of our economy, investigate new alternatives to attracting
we should not become fettered by overseas investment more securely and
past deals. Nor should we make our for greater benefit.
immigration system more complex by
increasing the diversity of pathways SWIFTER SERVICE AS LOWER COST
for different nationalities. Most of the available work visas are
Fair play also means that some visa too expensive – and especially for work
routes should be discontinued. The purposes. Some work visas can cost
Home Office has offered a problematic more than £1,000. Not all are paid by
special ‘tier 1’ visa specifically aimed employers, with employees left to cover
at attracting investors. In return for the bill so that they can continue to do
investing millions in the UK, individuals the job they have been hired for. Work
could fast track applications for perma- visa fees are far higher than the costs
nent residency.31 Investing £5m could of administering them – and are often
allow for an application within three set at levels that are unfair bordering
years or £10m an application in two on exploitative. A Labour government
years – all much swifter than the usual should consider reducing the fees for
five-year residency wait. 32 It is unclear skilled workers. We must ensure the
how much this stream has benefited the UK is more competitive in attracting
UK economy, with only 12,000 visas the brightest and the best. While a fee
awarded since 2008. The independent reduction would mean less income
Migration Advisory Committee’s 2014 for the Home Office, this could be
analysis was that any such benefits were partly offset by attracting increased
limited and, if they existed, derived visa applications.
more indirectly from the visa holder’s Labour should consider stand-
spending than directly through whatever ardising the time for visa processing.
investment was made.33 For example, it can take about three
13FABIAN IDEAS NO. 658
weeks to issue a decision on a creative GREATER FLEXIBILITY
worker’s visa, but eight weeks if the AND RESPONSIVENESS
application comes from inside the The main benefit of a points-based
country. Individuals can use a priority system comes in its ability to strategi-
service to get decisions made in days cally target and attract global talent in
for a premium fee and this shows that a transparent way to support economic
a quicker service is workable. Perhaps growth and prosperity. There are several
the longer waits are designed to avoid new possibilities for Labour to explore.
in-country applications or incentivise The points-based system could
premium fees through a priority service. become more flexible yet controlled to
Either way, applications within the UK fill labour shortages. I recommend that
should not need to take more than twice Labour abandons the one-size-fits-all
as long as those from overseas (indeed, salary threshold in favour of a more fit
we might expect in-country applications for purpose alternative. The problem
to be the fastest). The unnecessarily with a universal threshold is that it is
large gaps in waiting times can restrict too inflexible, as some occupations can
people’s ability to do business in Britain. meet it more easily than others. This
This is neither fair on employers nor can be irrespective of the skills required
those they seek to employ and should or the demand for workers in a particular
be reviewed. sector, but rather down to the higher
Labour should also plan to end costs of living in some parts of the
the current rule that the great majority country. These different and overlapping
of work visas – which are sponsored issues of occupations and their varied
by employers – must commence earnings by region are another reason
within 28 days of the start date or for greater flexibility. The shortage of
the visa is rendered invalid and must social and health workers, including
be reapplied – and repaid – for. This home carers, is a pressing reminder that
is unfair. There can be unavoidable where the income threshold for all is set
problems with starting work on time, too high it severely hampers the ability
for example as a result of travel cancel- to recruit vital jobs.
lations or unplanned medical treatment. The system works by setting
Sadly, such difficulties have become a general salary threshold at a minimum
more common during the pandemic, £25,600. This is set at the 25th percentile
but the government has taken no notice. of full-time annual earnings for
It is also worth noting that this is a rule workers, drawn from the annual survey
the Home Office has not been enforcing of hours and earnings.36 However, this
anyway.35 This highlights the need for figure can shoot up if the ‘going rate’
an audit of immigration regulations for an occupation is much higher than
to identify all those rarely or never this threshold. For example, a head
used to assess whether they should teacher would be required to earn at
be retained in future. least £39,000 and a marketing or sales
14NEW ARRIVALS
director would need to be offered or for a maximum of six months in
a minimum of £54,000. Occupations Mexico.41 If a system like these were
on a government-approved list of job in place, it could have supported swifter
shortages can have a much lower salary recruitment to sectors such as HGV
so long as it is at least 80 per cent of the driving and abattoir work – boosting
‘going rate’ for that occupation. businesses when we needed it most.
The government says it uses The failure of the government to pull
minimum salary thresholds ‘to ensure this off had a serious impact across
migrants make a positive net fiscal the economy.42
contribution and are able to support
themselves while in the UK’.37 Of course, REGIONAL VISAS
anyone on a work visa would be earning Labour should consider introducing
a living wage or higher, paying taxes and a more regional approach to visas.43
often ineligible to have ‘recourse to public At present, any visa allows a migrant
funds’ including in-work benefits (we to work, live or study anywhere in the
will return to this in chapters 3 and 8). UK, with a strong pull to London and
Ensuring working migrants support the South East. With higher wages
themselves should not be an issue. and existing opportunities, jobs can
Labour should scrap the Tories’ inflex- more easily meet salary thresholds than
ible one-size-fits-all approach. It could those in less affluent and less populous
be replaced by relying on a new system parts of the country.
of occupation-specific thresholds only Labour could better unlock the full
instead. This would create a fairer system potential of the country – and support
that would better prevent the undercut- ‘left-behind’ communities – by ensuring
ting of wages especially for those new to some work visas are tied to working
a profession and it would provide added in specific areas, such as the devolved
protection for migrant workers against governments or in regions like the
exploitation or unfair treatment.38 North East. These visas would require
At the same time, Labour would be workers to be employed in a locality,
able to use the points-based system in although they might be permitted to
a more targeted way to help recruitment reside elsewhere. A regionally linked
to occupations where there are critical work visa would benefit communities
shortages or strategic interests. outside London and the South East
Labour might also improve the helping to boost all sectors of the
flexibility of the points-based system economy across all regions.
by launching new visa schemes. We have Some areas will undoubtedly have
examples to consider on our doorstep. greater demand for migrant labour than
For example, Ireland offers a range others. The problem is they currently
of work visas including a short stay compete directly with each other,
business visa costing about £50 for up to benefiting some regions over others.
14 days.39 There are also work visas for A regional approach could better reach
up to 90 days offered by Switzerland40 areas in need of added support. There
15FABIAN IDEAS NO. 658
are models to consider, such as Canada’s our agricultural sector functioning makes
immigration system where immigrants the problems abundantly clear. Labour
have the ability to apply for work visas should consider setting out a review for
that may be connected to a specific creating a sustainable pathway that best
province.44 This is part of a larger system delivers prosperity. Seasonal work must be
whereby most obtain visas not tied controlled and local economies protected.
to a province. The benefits are that But clearly there is a role for government
immigration can be directed better to in developing a strategy to support sectors
regional and national needs, for example reliant on seasonal work, even if it is to
through different salary thresholds, plan for ensuring any seasonal migrant
regional occupancy shortage lists and work is kept to a minimum.
a cap on numbers. This would improve
the points-based system’s agility and CONCLUSION
make it more pro-business. Labour has rightly said it wants to make
Britain open for business again. We
SEASONAL WORKERS can improve the current points-based
Seasonal work, including unskilled system by revisiting fees for work visas
labour, is too often missing in most with a view to reducing them overall.
immigration strategies. We need to We can make the system better tap the
have a fit for purpose approach to sea- full potential of the country by scrapping
sonal work, not only for skilled labour. a one-size-fits-all minimum salary
In 2019, the government offered 2,500 threshold that has a discriminatory effect
places on a pilot seasonal work scheme. on different parts of the country in favour
This rose to 7,236 visas the following of a more inclusive occupation-specific
year and 30,000 places available for threshold with carefully managed
2021. The pilot under-recruited by regional visas. Labour can create a more
several thousand each year with more controlled and responsive system
than a quarter of places left unfilled. that businesses have been calling for,
Eighty-seven per cent of the seasonal bringing benefits for us all.
workers were Ukrainian nationals. Labour is the party of business and
What these figures show is a lack these reforms would make that clearer,
of any credible plan for controlled supporting greater prosperity for all
immigration of seasonal workers. The through a more flexible points-based
large gap between the number of visas system – and in a way that maintains
offered, prompted by employer demand, control while seeking to find new ways
and places filled as well as the fact that to support economic migration. This
the system has become overly reliant on will better help businesses explore new
nationals from a single country to keep opportunities to boost the economy.
16CHAPTER 2
SUPPORTING STUDENTS
Boosting the UK’s share of international IMPROVED ACCESS
students is a central part of the We can improve access to education
government’s plans for a ‘global Britain’. for migrants who come to the UK in
This has been a generally positive story. childhood. University fees are a barrier.
New study entry visas have grown from Under current rules, a non-UK citizen
334,735 in 2012 to 395,067 by 2019 might obtain student loans if they are
and are expected to rise further still.45 granted indefinite leave to remain before
This has brought many benefits to the their university course starts. But this
UK for schools, further education and means that someone who is granted
universities in particular, but also to permanent settlement the day after
the economy and local communities. a university term starts will be ineligible
As an academic for two decades and for the whole of their degree. Students
former law school dean, I have seen many can lose out where there are Home
of these benefits first-hand. A diverse Office delays confirming their status or
classroom brings different perspectives if they are unable to pay the high costs
into conversation that can expose of a premium priority service.
unwarranted assumptions and deepen Labour should close this loophole.
understanding for all. We learn more If non-British students would have
from each other. A diverse environment been allowed to obtain support if they
improves graduate employability, the were a permanent resident, then they
research environment and the student should be able to apply for these student
experience. These are all good things. loans after permanent residency is
Labour should consider supporting granted and even if their course has
the current direction of travel for already started. These students are not
further managed growth, but should new arrivals and will have spent all of
introduce several key changes to make their secondary school years in the UK,
this sector – a world-leading success making their future here. What matters
story – even better. is when a student acquires permanent
17FABIAN IDEAS NO. 658
residency, not the date a course happens Overseas university students can
to start. It should not be the case that apply for a graduate visa on completion
one student who becomes a permanent of their degrees. This visa is normally
resident the day before a course begins for two years, although students with
can access student loans while someone a PhD or doctorate can receive one for
at the same university receiving their three years. This visa route is important
permanent status confirmation two as it attracts overseas students to Britain
days later receives nothing at all. While with the possibility of beginning careers
relatively few are likely to benefit from after graduation. Plus, the locally trained
a change to the system, this is about highly skilled labour is in demand. This
fairness and the arbitrariness in the route has been a success and Labour
current rules must end. should consider continuing it with a view
to reviewing its possible extension to best
OVERSEAS STUDENTS promote prosperity.
We need to better manage the place
of non-UK students in our educational STUDY ABROAD
institutions. As these students can pay After 1987, UK citizens were able to
fees twice or more than British citizens, participate in the Erasmus programme
there are concerns that institutions are allowing student exchanges across the
incentivised to become overly reliant on European Union supported by a modest
international fees to maximise income. supplement. Following Brexit, the
This might be more of an issue for UK left Erasmus and the government
the Department of Education than launched a replacement Turing scheme
the Home Office. in 2021. Although it created a student
Nevertheless, there must be a balance exchange programme including more
struck to ensure all students are treated countries and providing some welcome
similarly regardless of whether they subsidies for students, it was a step
are British or not. The primary means backwards overall. For example, this new
of assessing satisfaction for non-UK programme has reduced opportunities
pupils is the number who apply and for foreign students to come on exchange
take a place. Studies like the National to the UK – and it has stopped funding
Student Survey consider course cohorts academic staff exchanges.46 These
as a monolithic group. This is too shortcomings stifle academic and cultural
limited. Survey results for UK and opportunities to engage in research
non-UK students should be compared, networks and develop collaborations.
with potential consequences if the gap Labour should consider boosting
between UK and non-UK students the Turing scheme in three ways. First,
becomes too great. Institutions should it should look at funding for non-UK
have freedom in how they use resources students to come to Britain on exchange.
to maintain excellence, but no group This would promote their continuing
should be exploited to benefit another. further study in the UK, benefiting our
18NEW ARRIVALS
further and higher education sector. While visitors should continue to
Second, any student on exchange can have no recourse to public funds like
currently only visit for six months. social security and housing assistance,
Labour should consider extending the health surcharge applied is far too
this to a maximum of one year for high. This surcharge is £470 for children,
exchange students to allow stronger students and youth mobility visas.
engagement both for non-UK students (Otherwise, it is £624 for others and it
coming here and British students is discussed in chapter 7.) The funding
travelling abroad, making the UK raised from the surcharge supports the
a more popular destination.47 NHS and is meant, in part, to offset the
Finally, the Turing scheme should be costs that might be incurred by the NHS
expanded to provide some opportunities from migration. However, the figures
for academic staff to go on educational used are ‘guestimates’ and do not reflect
exchanges abroad. This would be an the actual impact on the NHS which is
invaluable experience connecting our likely to be much lower given younger
institutions globally while supporting people tend to rely on NHS services less.
crucial academic development for staff Labour should assess which health and
which they could use to enrich their care services are genuinely accessed by
British classrooms on their return. young people using this scheme, and fix
the fees accordingly to avoid constrain-
YOUTH MOBILITY ing this welcome visa scheme.
The youth mobility visa allows individu-
als between 18 to 30 to work, start a new CONCLUSION
business or study in the UK for up to Students have been fortunate to receive
two years. This visa should be expanded significant government support broadly
and improved. The quotas should and educational migration is less of
be increased, the list of participating a problem area than others. Nonetheless,
countries should be extended, and all Labour can make several reforms to
should be subject to the same terms and improve how the immigration rules work
conditions. For example, people from for students, so enabling greater pros-
Hong Kong, Japan, South Korea and perity for Britain. These changes should
Taiwan must be selected through a ballot include improving access to education
with a 48-hour window while nationals for students with permanent residence
from Australia, Canada, Monaco, New who, but for bad luck, should normally
Zealand, San Marino and Iceland face no qualify for funding support; monitoring
such restriction. The scheme should be the satisfaction of UK versus non-UK
simplified, with the same terms applied students during their studies ensuring
for all and the scheme should be opened their comparability and developing a more
to any country that wants a reciprocal extensive Turing scheme to facilitate
arrangement so that in practice the educational exchanges. Labour is the
migration flows can be made to be party of ‘education, education, education’.
fairly equal. These reforms will help us deliver this.
19PART 2
RESPECT
The second principle in Keir Starmer’s contract with the British people
is respect. This section of the pamphlet considers ways in which the principle
of respect could be applied to immigration. The Labour leader defines respect
as ensuring everyone has the right to live in places we care for, to have our
lives and ambitions taken seriously and to be valued for who we are and
what we do. The chapters overleaf show how respect can become embedded
in immigration policies relating to families, the integration of immigrants
in our communities and the path to citizenship.
20CHAPTER 3
FAMILY-FRIENDLY
Our immigration system is not family- raises serious concerns about equality
friendly. The total number of family visas detailed below.
has grown modestly from 89,412 in 2010 Keir Starmer’s Labour has rightly
to 108,029 in 2019.48 But these figures focused on the importance of families
obscure the problems in a system so and an ambition to make the UK ‘the
confusing that it has been described as best place to grow up in and the best
‘a system that puts Kafka to shame’.49 place to grow old in’. This chapter
Family visas fit somewhat awkwardly recommends several policies to ensure
within a points-based system and the a greater respect for families.
government’s independent Migration
Advisory Committee advised against KEEPING BRITISH FAMILIES
including them in a points-based format. IN BRITAIN
The reason is that a points-based system Falling in love should not mean
is supposed to provide a list of different living apart. Yet this is the fate that our
factors that earn points to be added up – family visas rules inflict on too many
and if you earn enough points, then you British families.
can be entitled to obtain a visa. As the Whether a family visa is granted is
Migration Advisory Committee claimed, more a matter of how deep your pockets
asking that everyone meets all of the than your love for your family. For
same requirements – such as being in example, a couple must make at least
a marriage or civil partnership, knowing £18,600 combined, or earn even more
English and the couple meeting a salary with any dependents, rising to £24,800
threshold – makes the system operate as for a family of four. This salary mini-
a tick-box exercise. It is points-based in mum is set at a level where the family
name only as there is no flexibility in how would likely not require any tax credits
you can acquire tradeable points to get or housing benefit – and it is a standard
a visa.50 This inflexibility creates barriers condition that recipients of spousal visas
that can separate British families and do not have recourse to public funds
21FABIAN IDEAS NO. 658
anyway. It would seem unnecessary dependent relatives. This is because there
to ensure individuals cannot claim are further income requirements, such
benefits that they are ineligible to as meeting all costs of maintenance,
receive – unless the primary motive accommodation and care for at least five
is exclusion and breaking families years.53 This seems a clear effort to deter
up. Oxford’s Migration Observatory older family members from being cared
estimates the income requirement has for by their relatives in the UK, including
prevented about 15,000 British families by British citizens. The Conservatives’
from settling in the UK. 51 income rules break up British families
The salary threshold in most cases rather than bringing them together.
must be met by one in the couple Their priorities are wrong.
alone – the British spouse. This is Labour should review the salary
because the income must be earned requirement for families. The review
in the UK – and the other partner may should consider whether the salary
be unable to work until after receiving threshold is in the national interest
a spousal visa. Nearly 20 per cent of and, if it is not, it should be scrapped
British working households would be immediately. Labour should also consider
excluded from living in Britain with granting short-term family visas for
a non-UK spouse because their salary is a set period of time such as six months
too low for immigration requirements.52 to British families looking to settle to
While many of us take for granted that allow them to obtain a salary instead of
we can live and grow old with our family requiring it before entering the country.
whether rich or poor, this is not a luxury This would prevent families being split
a sizeable minority enjoys. up and enable both the British and
And British citizens seeking to non-British partner to work immediately.
relocate to their home country with At present, a British citizen’s family can
a non-UK spouse or children are put only enter on tourist visas and are then
at a further disadvantage. Not only must expected to leave the country pending
they earn an income above the salary approval of new family visas allowing
threshold, but they must secure a job them to return.
paying this amount before they arrive Spousal visas normally come with
at the border with their family. They do no recourse to public funds. However,
not have an opportunity to get settled circumstances can change and where
and find work after returning to the UK. the Home Office accepts someone is
In practice, this necessitates a separation facing or at serious risk of destitution
so that the British partner can secure then it may lift this ban, for example
work at £18,600 or more for at least six because of family separation or abuse.
months before being able to apply for But this comes at a cost of having to wait
a visa to bring a spouse to the UK. 10 years before they are able to apply
The situation worsens when it comes for permanent settlement. The Home
to reunifications with older family Office has suspended this automatic
members, such as elderly parents or other requirement temporarily pending
22NEW ARRIVALS
a review.54 Individuals approved to should be honoured. We should support
receive recourse to public funds to avoid EU citizens living in the UK under
destitution should not be punished with the terms that were agreed and shared,
a decade-long wait. This is unfair and as they are our family, friends and
lacks compassion. Labour should allow neighbours. EU citizens with pre-settled
anyone on the family route to receive status should receive settled status
recourse to public funds, if approved without the need to reapply. This has
by the Home Office, without additional the further benefit of helping to conclude
residency required for settlement. the transition of EU citizens in the UK
to permanent residents.
EU STATUS
Circumstances have changed signif- A ROBUST AND HUMANE SYSTEM
icantly for families which include EU The family rules for migrants discrimi-
citizens, as there are now fresh hurdles nate against women who are immigrants.
to their continuing to live and work in the For example, most spousal visas are held
UK. One example is a recent government by women. They can cost £1,523 – or
U-turn. EU citizens already living in more if including dependents – a cost
Britain before Brexit had to obtain either higher than most work visas. The visa
‘pre-settled status’ or ‘settled status’ in lasts for 30 or 33 months depending on
order to stay post-Brexit. The main differ- whether it was applied for applied within
ence between the two is that pre-settled the UK or from elsewhere. The rules
status is designed for EU citizens resident require five years’ residency prior to being
continuously for less than five years in able to apply for permanent residency.
the UK before Brexit and settled status In addition to the spousal visa cost,
is for those continuously resident for five individuals need to pay an annual health
years or more. surcharge of £624. These costs add up
After five years is completed, fast and many families spend thousands
EU citizens with pre-settled status on immigration-related fees so that
qualify for settled status allowing British citizens can live with their loved
permanent residency. However, the ones in their country. These costs are
Home Secretary has recently imposed incurred for the spouses or partners for
a new requirement for these individuals non-UK citizens on work visas as well,
who will have to reapply before their meaning they pay twice over through
five-year residency is completed. both the health surcharge and taxation.
If they do not, then they will lose Labour should review this.
their current rights to work, access Permanent residency is a way out with
to housing and benefits and be liable a one-off fee and no further health
to removal. 55 This change will impact surcharges to pay afterwards. But the
about 2.3 million people. costs of £2,389 are prohibitive and
This U-turn is irresponsible and much more than some can afford even
unfair. Promises made only relatively though they would be entitled to acquire
recently impacting so many people permanent residency if they paid.
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