Friday 5 July 2024

The Labour Party’s landslide victory in the general election marks the end of 14 years of Conservative rule and brings with it a pledge that ‘the work of change begins immediately’ – but what will this mean for the UK immigration policy?

Immigration and asylum consistently ranked among the most important issues for voters throughout the six-week campaign, as reflected in televised debates and discussions on doorsteps.  Balancing general public concerns about increased levels of migration with the needs of the UK economy to meet ongoing skills gaps and the needs (and rights) of individuals to be united with family members will be one of the critical challenges facing the new administration.  So, what can we expect from the incoming government?

What to expect for immigration and asylum policy

The Labour Party manifesto proposed a structured and expert-led approach to immigration, focusing on reducing dependency on foreign workers and enhancing border security.

Immigration system

Labour promised the following changes to the points-based immigration and sponsorship systems in its manifesto:

• control and manage net migration to reduce dependency on foreign workers;
• reform the points-based immigration system with:
  • appropriate restrictions; and
  • integration of immigration and skills policy;
• bar employers who flout immigration or employment laws from hiring foreign workers;
• ensure migration addresses skills shortages and trigger plans to upskill UK workers;
• strengthen the Migration Advisory Committee and enhance collaboration with:
  • skills bodies across the UK;
  • the Industrial Strategy Council;
  • the Department for Work and Pensions; and
• implement workforce and training plans to reduce reliance on overseas workers in health, social care and construction sectors.

The manifesto’s fiscal plan section also includes a niche £10 million carve-out to waive application fees for non-UK veterans who have served four years or more in the British forces.

Asylum and border control provisions

The Labour Party has formally committed to the following provisions related to the asylum system and border control:

• control and manage the asylum system to ensure strong borders;
• address the small boats crisis and combat criminal smuggler gangs;
• end the Rwanda asylum seeker policy;
• establish a new Border Security Command with:
  • hundreds of new investigators, intelligence officers, and cross-border police officers; and
  • new counter-terrorism style powers to disrupt and arrest smugglers;
• seek a new security agreement with the EU for real-time intelligence sharing and joint investigations;
• hire additional caseworkers to clear the existing asylum backlog;
• end the use of asylum hotels, saving taxpayer money;
• create a new returns and enforcement unit with 1,000 additional staff to:
  • fast-track removals to safe countries; and
  • negotiate additional returns arrangements; and
• address humanitarian crises and support refugees in their home regions.

As Sir Keir Starmer and his colleagues enter government, there will undoubtedly be rapid public pressure to implement significant changes to immigration and asylum policy. The feasibility of some proposals, particularly those requiring extensive inter-departmental coordination, may present challenges.

Newly appointed Home Secretary Yvette Cooper has previously stated that she expects net migration to the UK to fall ‘swiftly’ under a Labour government. She rejects the use of set targets or caps and notes the need for migrant workers (including in social care) and to respond to world events (such as the Homes for Ukraine scheme).

Sophie Barrett-Brown, Senior Partner and Head of UK Practice, comments:

The detail of Labour’s policies for legal migration in the UK very much remains to be seen. However, it is to be hoped that the emphasis on an expert-led, evidence-based approach to policy may provide a more informed, balanced and operationally effective system that better meets the needs of UK businesses and the public.

Next steps

The new Parliament has been called to meet next week on Tuesday 9 July 2024. The State Opening of Parliament and The King’s Speech will follow on Wednesday 17 July 2024, at which point the new government will outline its priorities for its first year in government.

Businesses and individuals should prepare for adjustments in the immigration landscape over the coming months and years. Our team is closely monitoring developments and will provide updates and strategic advice to assist clients in navigating these changing times.

Get in touch

To learn more about upcoming changes to UK immigration law, please refer to our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.