From 1 January 2021, the UK’s immigration system will be transformed. The clock is ticking on free movement, following the approval of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill in the House of Commons. The Bill was approved at third reading by 342 votes to 248 – a majority of 94 – and now awaits debate in the House of Lords. If it becomes law, EU citizens will be subject to the same immigration rules as the rest of the world if they wish to live and work in the UK. 

The Labour Party has argued that the government “rushed through immigration legislation with very little detail in the middle of a global pandemic”, raising concerns over the minimal parliamentary scrutiny the new system may face. Controversially, the Bill proposes giving the Home Secretary the power to amend primary or secondary legislation through subsequent regulations. According to The Migration Observatory, this gives the Home Secretary too much power, “without sufficient parliamentary oversight.”

A POINTS-BASED SYSTEM

According to Home Secretary Priti Patel, the UK Government aims to “deliver a new fairer, firmer, skills-led system” now that the UK has left the EU. The proposed points-based system aims to “encourage employers to invest in the domestic UK workforce”, whilst also allowing employers to attract talent from around the world. To this end, a new graduate route will allow international students to stay in the UK once they have successfully completed their studies, and a “global talent scheme” will allow scientists and researchers to come to the UK without a job offer.

Under the points-based system, those wishing to live and work in the UK must gain 70 points. As a bare minimum, applicants must have an offer of a job on a list of eligible occupations, and have the ability to speak English to a certain level – this earns 50 points. There is also a minimum salary requirement of £20,480, though many applicants will have to earn more than this in order to gain the additional 20 points required. Earning above the general salary threshold of £25,600, or having a job offer in a shortage occupation (such as nursing or civil engineering) are examples of how applicants can earn the additional 20 points. There is no route for so-called “unskilled” work. For example, those working in construction, catering, and farming may be considered “unskilled” under the new system. It is estimated that the number of “unskilled” EU workers coming to the UK could fall by up to 90,000 a year as a result.

HEALTH AND CARE WORKERS

A new “health and care visa” will be introduced, the benefits of which include fast-track entry and reduced application fees. However, this new visa has been heavily criticised by healthcare workers, charities, and unions as it excludes care staff. The majority of care workers won’t be considered “skilled” under the new system, and the minimum salary threshold means that many care workers, cleaners, and support staff will not qualify under the points-based system. The National Care Forum argued that this policy could prove “an unmitigated disaster” in London, where around 38% of care workers are non-British. 

DEPORTATION AND INDEFINITE DETENTION

Currently, EU nationals are only deported if they are deemed a threat to public security, with decisions taken on a case-by-case basis. Under the proposed system, EU nationals will be treated the same as non-EU nationals. An individual may be refused entry if they have previously spent a year or more in prison, or if their “character, conduct or associations means their presence is not conducive to the public good.” Individuals already in the UK “must be considered for deportation” if they have been sentenced to a year or more in prison, or where they have serious or persistent criminality.

Conservative MPs David Davis and Andrew Mitchell put forward an amendment that proposed to end the indefinite detention of asylum seekers and others held in prison-like UK immigration centres. According to Mr. Davis, this practice “flies in the face of British justice.”. The amendment proposed that a 28-day limit would be introduced in all immigration detention cases, bringing an end to the current inhumane system. Despite this intervention, the amendment was defeated by 252 votes to 332. 

CHILD REFUGEES AND FAMILY REUNIFICATION

Labour MP Yvette Cooper also proposed an amendment which sought to protect the current system for family reunification post-Brexit. Ms. Cooper urged the Government not to turn their back on child refugees. Despite this plea, the amendment was defeated by 255 votes to 332. This defeat is a devastating blow for refugees, as MPs chose not to safeguard the safe and legal route of passage for unaccompanied child refugees so that they may be reunited with their relatives in the UK. The Conservative Tim Loughton criticised the defeat, and argued that there must be a “clear intent” from the Government that a scheme will be in operation to help protect unaccompanied child refugees post-Brexit. Home Office minister Kevin Foster said the Government is “committed to the principle of family reunion and supporting vulnerable children” and that the Government are perusing with the EU on new arrangements for family reunification.

THE IMPACT

The Joint Council for the Welfare of Immigrants criticised the Bill as a “missed opportunity to reform current immigration law”, with no effort made to end the UK’s ‘Hostile Environment’ – rather, these policies will now be extended to include EU nationals from 1 January 2021. The future remains unclear for many of the most vulnerable individuals in society – for those held in detention centres, and child refugees seeking to safely reunite with their families in the UK. As the Bill awaits debate in the House of Lords, the impact of “taking back control” remains to be seen. While Boris Johnson has argued that the new "humane and sensible" immigration system is not simply a case of “slamming the gates”, it is clear that, for many, the “gate” into the UK will no longer be open. 

Shannon is an LLB Law with Politics graduate from Queen's University Belfast. Since graduating she has worked for Allen & Overy LLP, where she sits on the Pro Bono Committee. As the Project Coordinator for A&O's Pro Bono partnership with the AIRE Centre, she facilitates a letter writing initiative in order to promote awareness of legal rights and assist people in vulnerable circumstances to assert those rights. 

LinkedIn