What’s likely to be in Labour’s immigration crackdown?

Home Secretary Yvette Cooper is preparing to unveil new plans to reduce UK net migration, which reached a record high of 728,000 last year.

Successive governments have struggled to effectively reduce net migration, which represents the difference between the number of people entering the UK and those leaving.

In June 2023, the figures reached an unprecedented 906,000.

The Home Office has yet to officially disclose the content of its upcoming immigration White Paper, which is expected to be released early next week.

However, based on potential content, here are some key areas that the White Paper might address:

Skills Investment:

The White Paper is anticipated to require employers to demonstrate their commitment to investing in UK skills before they can bring in workers from overseas. This aligns with Labour’s longstanding promise, with the IT and telecommunications sectors likely to be targeted.

Strengthened Migration Advisory Committee: Yvette Cooper last year pledged to enhance the Migration Advisory Committee’s capabilities to identify key sectors where labor market failures lead to excessive reliance on international recruitment.

Visa Restrictions:

The plans are expected to introduce visa restrictions on nationalities perceived as more likely to overstay and seek asylum in the UK. In practice, this will involve stricter screening and more thorough scrutiny from officials for individuals from countries such as Pakistan, Nigeria, and Sri Lanka who intend to study or work in the UK.
These three countries were identified by the Home Office in March (https://www.gov.uk/government/publications/source-of-asylum-claims-in-2024/source-of-asylum-claims-in-2024) as the primary sources of asylum seekers who initially entered the UK on a visa.

Permanent Residence:

Under the proposed changes, migrants currently residing in the UK are anticipated to face extended waiting periods before they can apply for permanent residency.

Currently, most individuals can apply for indefinite leave to remain if they have resided and worked in the UK for five years.

Reports suggest that this period could be extended to up to 10 years for certain migrants.

English Language Tests:

The White Paper is likely to introduce stricter English language requirements for immigrants.

However, the Home Office has refuted reports that the English language test for work visa applicants will be elevated to the equivalent of English as a Foreign Language A-Level.

Currently, new arrivals must demonstrate a basic understanding of English, equivalent to GCSE level, to be eligible for certain work visas.

International Care Workers:

The immigration White Paper is expected to highlight new regulations that came into effect last month regarding the recruitment of international care workers.

Since April 9, care providers seeking to recruit a new worker from overseas must first demonstrate (https://www.gov.uk/government/news/new-rules-to-prioritise-recruiting-care-workers-in-england) that they have attempted to recruit a worker within England.

“Right to Family Life”:

The government is currently reviewing how the “right to a family life” enshrined in Article 8 of the European Convention on Human Rights (ECHR) is applied in immigration cases. Changes to this aspect may be incorporated into the White Paper.
Last month, Yvette Cooper addressed the BBC, expressing her concern about the courts’ “ad hoc” decisions in interpreting the law. She emphasized that this approach has been detrimental to establishing a clear framework set out by the government.

Cooper believes that it is feasible to develop a stronger framework that outlines the interpretation of international law. She clarified that while the UK continues to comply with international law, the focus should be on its interpretation. Currently, the UK is reviewing this matter.

Last year, Cooper successfully appealed against an immigration tribunal’s decision to deport an Albanian criminal. The appeal was partly based on the argument that the deportation would be “unduly harsh” on the criminal’s 10-year-old son, who has emotional and sensory difficulties and is unable to eat the type of chicken nuggets available abroad.