At the State Opening of Parliament on 17 July 2024, marking the first session since the most recent UK general election, King Charles presented the new Government’s upcoming legislative agenda.
In this update, we set out the main provisions relating to UK immigration.
Section A: Business Immigration
The speech referred to the introduction of a new Skills England Bill, which aims to establish Skills England, a new government body designed to overhaul the UK’s skills system. Further detail is found in the supporting background briefing notes, which highlight the Bill’s relevance to business immigration.
The new legislation will aim to fulfil Labour’s manifesto pledge to secure the necessary skills for the economy by establishing a formal connection between migration data and skills policy. The notes explain that as a new body, Skills England will collaborate with industry, unions, and advisory committees to assess and address current and future skill needs, influencing the Department for Education’s policy directions.
Specifically of interest to employers of foreign nationals, Labour’s proposals include enhancing training and further education in specific sectors by linking the Migration Advisory Committee, the advisory body on immigration issues, to the Industrial Strategy Council and Skills England, which are responsible for industrial and skills strategy. This integrated approach aims to identify and address labour market shortages more effectively. However, the effectiveness and speed of filling these skills gaps remain uncertain, and it is unlikely to provide an immediate solution to current recruitment challenges faced by employers.
The concept of prioritising the resident workforce is of course far from novel; previously, the ‘Resident Labour Market Test’ required UK employers to prove that no UK-resident worker could fill a vacancy before hiring an overseas national. This requirement was abolished in early 2021. Labour has not indicated plans to reinstate this test, but it remains to be seen if future measures will prioritise UK settled workers.
We will watch closely as more details emerge.
Section B: Illegal Migration
The Border Security, Asylum and Immigration Bill also saw a brief mention in the King’s Speech: “A Bill will be introduced to modernise the asylum and immigration system, establishing a new Border Security Command and delivering enhanced counter terror powers to tackle organised immigration crime [Border Security, Asylum and Immigration Bill]”.
Further detail of the Bill can be found in the supporting background briefing notes, which explains that the new legislation is intended to bolster border protections and create a more regulated asylum process through several key measures.
Border Security Command and law enforcement agencies will be given enhanced tools and authority, building on existing counter-terrorism powers. Stronger capabilities are also being introduced for law enforcement officers to investigate organised immigration crimes, with the authority to stop and search individuals at the border and targetting criminal gangs.
To combat organised immigration crime, the Bill proposes stricter penalties for offences related to advertising migrant smuggling services and supplying the materials needed for these criminal operations.
The Bill also addresses the inefficiencies in the current asylum system. One of the primary goals is to eliminate reliance on hotels by reducing the asylum backlog. It also seeks to implement fast-track returns for individuals arriving from safe countries.
A notable shift in policy includes ending the costly (and unsuccessful) Migration and Economic Development Partnership, redirecting those funds to the Border Security Command, while terminating the Rwanda agreement is expected to save over £100 million in future expenditures.
Need Assistance?
The new Labour Government has started its term at pace, with the Kings Speech setting the stage for a period of reform that will affect UK employers. As the new Bills make their way through the legislative process, we will keep you updated of the details as they emerge and the practical implications these may have on you and your organisation. In the meantime, if you have any queries or would like to discuss how your organisation can best prepare for the changes ahead, contact us.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
