Kate Roberts
Head of Policy
Kate Roberts
Head of Policy
A new Immigration Bill is expected as we write despite ongoing changes at the highest level of government. We urge the UK to move to a positive and pragmatic approach to immigration with work visas which give access to rights in practice and accessible options to leave exploitative work without risking immigration status. This would work better for the UK as well as for the migrant workers who we invite to the UK to support key sectors of our economy.
Last year the government passed the Employment Rights Act, described as the biggest uplift to workers rights in a generation. We at FLEX have previously set out how, without corresponding measures to address the structural issues created by the UK’s reliance on work visas which restrict workers options, many workers will be shut out from accessing these rights. To address this, our Labour Market Enforcement agencies, such as the new Fair Work Agency, a body created by the Act, should implement secure reporting measures, so workers know how their personal data will be used. We should also look to the success of models such as the recently extended Australian Workplace Justice Visa which gives workers practical options to take claims against employers, even if they are their immigration sponsor.
Reasonable pathways to eligibility for settlement are key to access to rights and options. The proposed changes to settlement announced earlier this year would normalise for significant numbers of people a state of permanent precarious status. It is well established that short term visas make it harder to find work or to challenge exploitation at work, extending the period of time during which people are kept temporary for up to two decades will have devastating consequences for workplace rights and will create an environment in which exploitation thrives. These proposals must be dropped.
Simultaneously the UK government is implementing its Immigration White paper. This includes a commitment to abolish the Immigration Salary List in December 2026, after when, only people who meet the threshold for the Skilled Worker visa, will be able to access work visas other than those included on the Temporary Shortage list. The Temporary Shortage list is set to be finalised in July this year and is expected to be limited to building critical infrastructure. Additionally, the UK does have short term visas such as the agricultural Seasonal Worker visa or the Overseas Domestic Worker visa. Both of these have been well evidenced as creating high risks of exploitation. For sectors reliant on the Skilled Worker visa thresholds include earnings of at least £41,700 a year, or the occupation’s going rate, a high level of English language proficiency B2 for new applicants , a job offer from a licensed sponsor and roles to require a skill level of RQF 6 (degree level).
The government needs to be honest about its workforce strategy and reliance on migrant workers for key sectors including care, agriculture and fishing. The need for migrant labour must be aligned with work visas which respect workers. We at FLEX have produced a blueprint for safe and fair migration and advocate for a move away from the employer sponsor model which creates multiple dependencies and corresponding risks of exploitation towards sector wide visas which would enable workers to change employment within a work sector.