Labour Party’s immigration law policy as per their Party Manifesto 2024

Since the Labour Party has recently won the country’s general elections and are going to rule the country for the next five years, we would like to draw your attention to the key policies announced by the Labour Party to-date on legal migration and focuses on the policies most likely to be of interest to individual applicants, as well as UK businesses and employers.

We understand that the below immigration policy matters may or may not necessarily come into force and become reality, however, it remains quite likely.

Reduction in overall net migration figures

The Labour Party have stated they will ‘reduce net migration’ and have circulated policies for sponsored work with a view to contributing to this. Labour believes not setting a net migration target is ‘sensible’ but expects its policies to reduce net migration to ‘a couple of hundred thousand a year’.

The Office for Budget Responsibility’s most recent forecast from March 2024 suggests that net migration should settle at around 350,000 per year over the next five years, taking into account the impact of the Conservatives’ current immigration policies. This is without any further intervention to reduce the figures. The next Government should carefully consider the specifics its policies on net migration for various reasons, including that:

• The net fiscal impact of 350,000 annual net migration is anticipated to be a net reduction in public sector borrowing of approximately £7.4 billion by 2028-2029, which would help to improve (rather than damage) public sector finances; and
• A high proportion of the net migration figure are international students. The Migration Advisory Committee has recently observed that their tuition fees help to expand the range of courses offered while making up for financial losses on domestic students and research. They are increasingly participating as a short-term labour supply for UK businesses, both as Students and Graduate route participants.

Annual cap on work routes

The Labour Party does not intend to formally cap any immigration routes, but states there will be ‘appropriate restrictions on visas’.

Skilled Worker visas

The Labour Party has confirmed in the press (and more generally in their manifesto) that they intend to:

• Address shortages in key areas such as construction, IT and engineering through reforming the apprenticeship levy to skill/upskill resident workers;
• Require sponsors of key occupations in the above sectors, along with adult social care sponsors, to adhere to a government-determined workforce plan and fair pay agreement;
• Disallow individual companies from sponsoring workers if they are considered not to be doing enough to carry out workforce training;
• Remove occupations from the Immigration Salary List (formerly Shortage Occupation List) in circumstances where a sector is shown not to be engaging with its workforce plan (with opt-in exemptions if individual companies can show they are doing well against the plan);
• Lengthen ineligibility periods for obtaining a sponsor licence and increase other visa penalties for ‘rogue employers’ who do not comply with and minimum wage and other employment laws; and
• Strengthen the Migration Advisory Committee and link it to skills bodies UK-wide, the Industrial Strategy Council and the Department for Work and Pensions.

Labour also intend to commission the Migration Advisory Committee to investigate the effects of the Conservatives’ April 2024 increases to salary thresholds under this route, as well as their March 2024 prohibition on care workers being accompanied by their dependants.

Health and Care visas

The Labour Party intends to establish a new body to enforce employment rights, and to instruct this to investigate the exploitation of migrant workers in the social care sector.

Labour does not intend to reverse the prohibition on Carers and Senior Carers being accompanied by family members.

Creative Workers Visa

The Labour Party may seek to negotiate new arrangements with the EU for touring performers.

Youth Mobility Scheme

The Labour Party has stated they have no plans to negotiate a youth mobility scheme with the EU.

Seasonal Workers Visa

The Labour Party has suggested they may introduce legislation and enforcement measures to tackle exploitation of migrant workers under this route.

Student and Graduate visas

The Labour Party recognises the ‘major contribution’ made by international students and states they would be led by evidence on how the presence of students impacts overall migration. However, they have not yet made any specific policy announcements in this area.

Family visas route

The Labour Party does not intend to formally cap any immigration routes.

The Labour Party broadly supports increases to the minimum income requirement. This was increased by the Conservatives from £18,600 per year to £29,000 per year from 11 March 2024.

Immigration fee levels

The Labour Party has not yet made any announcements on immigration fees.

Steep increases in UK immigration fees have already been implemented since October 2023. The Immigration Health Surcharge also rose significantly from February 2024. The Labour Government may wish to evaluate the impact of these recent changes before planning any further upward or downward adjustments.

European Convention on Human Rights

The Labour Party would continue to remain a signatory to the European Convention on Human Rights (ECHR).

The ECHR has broad application beyond the immigration context so withdrawal from this should not be contemplated without a full evaluation of the full implications for human rights and political freedoms in the UK.