Laura Devine
Laura Devine Immigration, London

Introduction

Following the Labour Party’s election victory on 4 July 2024, the direction of the new government’s immigration policy has prompted cautious optimism among immigration law practitioners.

The preceding 14 years of Conservative rule were somewhat challenging from an immigration policy perspective. Setting aside Brexit and the subsequent challenges posed by the transition, the previous government’s tenure has seen a marked erosion of immigration appeal rights, the introduction and recent increase of a minimum income requirement for family members of British citizens, the introduction of citizen-upon-citizen status checks, and latterly, the implementation of the Illegal Migration Act 2023 and the ultimately unsuccessful attempt to facilitate the removal of asylum seekers to Rwanda.

The Labour Party has entered government at a testing time for the immigration landscape. Balancing public concerns about rising migration levels with the UK economy’s need to address ongoing skills shortages and the rights of individuals to reunite with family members will be one of the new administration’s key challenges. The new government appears to offer a more measured and collaborative approach to immigration reform. However, it remains to be seen whether Labour’s ambitions align with the progressive changes many in the profession advocate for.

Labour’s pre-election manifesto commitments

While adopting some of the Conservative Party’s rhetoric regarding the need to reduce net migration, Labour’s manifesto outlined distinct measures for addressing the issue, focusing on reforming the points-based immigration and sponsorship system to curb reliance on foreign labour.

To this end, Labour’s manifesto proposals included the following measures:

• aligning immigration policy with skills development in the domestic labour market to reduce dependency on foreign workers;
• strengthening the role of the Migration Advisory Committee (MAC – the non-partisan advisory body on immigration policy) and enhancing collaboration with skills bodies, the Industrial Strategy Council and the Department for Work and Pensions, to inform their more evidence-led approach to reduce reliance on overseas labour; and
• introducing stricter measures to prevent employers who violate immigration or employment laws from hiring foreign workers.

Although Labour’s focus on reducing dependency on foreign workers may not seem like a new approach, the emphasis on strengthening the MAC and promoting sector-specific collaboration suggests a return to a more evidence-based, technocratic perspective.

The manifesto also highlighted a series of other notable changes related to asylum and border control, including:

• ending the Conservative government’s Rwanda asylum policy;
• establishing a Border Security Command to address small boat crossings and smuggling networks;
• seeking a new security arrangement with the European Union (EU) for intelligence sharing; and
• recruiting additional staff to process the asylum backlog and replace hotel accommodations with more cost-effective measures.

The focus on combating smuggler gangs, rather than deterring migrants through punitive measures, represents a shift from previous strategies to address irregular migration.

Initial policy developments under the new government

During Labour’s first 100 days in power, several immigration policy developments have been implemented, realising many of these manifesto commitments.

Scrapping of the Rwanda scheme

Almost immediately after being elected, in line with its manifesto commitment, the new administration scrapped the previous government’s Rwanda policy. This policy entailed asylum seekers who had entered the United Kingdom (UK) illegally being relocated to Rwanda, to have their claims processed by the Rwandan government. While Labour’s announcement regarding the ending of the scheme received limited public attention, it marked a significant victory for the legal community which had critically challenged this policy on legal and moral grounds. Asylum seekers arriving in the UK by irregular means will now continue to have their claims processed in the UK.

Resumption of asylum claim processing for irregular arrivals

The Illegal Migration Act 2023, introduced under the previous administration, suspended consideration of asylum seekers’ asylum claims where the claimant had arrived irregularly in the UK, leaving them in administrative limbo and exacerbating the backlog of unresolved asylum cases.

Shortly after their election victory, the new Labour government introduced the Illegal Migration Act 2023 (Amendment) Regulations 2024^[1] which allow for the resumption of consideration of these asylum claims for individuals who entered the UK illegally, thereby ending affected claimants’ state of limbo. The regulations also provide pathways to settlement and citizenship to those seeking asylum. This change should assist in clearing the significant asylum claim backlog and hopefully leading to a more efficient decision-making process.

Retention of Conservative measures to reduce net migration

Although Labour has signalled a somewhat more pro-immigration attitude, there remains significant political pressure to reduce record-high net migration. As a result, Labour has opted to retain most of the Conservative government’s net migration reduction measures introduced in April 2024. Under these restrictions, the salary thresholds for skilled workers have been increased significantly, and masters students and care workers can no longer bring dependent family members to the UK. Labour has, however, suspended a proposed further increase in the salary required to sponsor a family member under the family immigration route. This retention demonstrates the fine balance that Labour needs to strike – relying on migration-reducing measures imposed by the previous administration, while proposing significant reforms in other areas of immigration policy.

Engagement with the Migration Advisory Committee

Labour has also shown early signs of fulfilling its manifesto commitment to strengthen the MAC, which provides evidence-based advice on immigration policy. This marks a departure from the previous administration, which was often reluctant to engage with the MAC on significant immigration reforms.

A particularly contentious issue not addressed in the manifesto was the minimum income requirement for family members of British citizens – the income threshold which British and settled individuals must satisfy in order to bring family members to the UK. Increased to £29,000 in April 2024, the previous administration planned to increase the threshold to £38,700 by 2025. The current government, however, has commissioned the MAC to review these requirements by June 2025 following significant opposition from civil society groups and the legal profession. This indicates Labour’s willingness to consult experts on this critical issue, halting further increases until findings are published.

Sector reviews by the MAC

Labour has also tasked the MAC with examining the UK’s dependence on international recruitment, focusing initially on IT and engineering professionals, two sectors which have been identified as relying more heavily on overseas recruitment. This review aims to identify labour market weaknesses and develop an integrated strategy by aligning immigration policy with domestic skills development, working closely with entities such as Skills England to promote upskilling and hiring within the domestic workforce to reduce reliance on overseas workers. This technocratic, evidence-driven approach marks a departure from the preceding government’s strategy.

Changes to the Immigration Rules and implementation of the ETA scheme

On 10 September 2024, the government introduced its first changes to the Immigration Rules (the main body of government immigration policy). The most significant change was an extension of the Electronic Travel Authorisation (ETA) scheme, the UK’s equivalent of the US’s longstanding ESTA system. This scheme, introduced under the previous administration, will require non-visa nationals (nationals of countries who do not require a visitor visa to travel to the UK) to obtain digital travel permission. The ETA scheme will be implemented in phases over the coming months, with applications open to travellers from non-European countries (including Australia, Canada, New Zealand and the United States (US)) from 27 November 2024, and to travellers with European nationalities from 5 March 2025.

The continuity of the most recently announced policies highlights the challenges Labour may face in reversing long-established Conservative measures. Historically, governments tend to issue several statements of changes to the Immigration Rules each year, so it can be expected there will be many updates over the government’s five-year term. Immigration lawyers in the UK can play a critical role in lobbying the government on both niche and broad policy shifts included in such statements, so it is essential to keep abreast of developments.

Border security measures

On 19 August 2024, Labour announced new measures to strengthen border security, including recruiting 100 specialist officers for the National Crime Agency to dismantle smuggling networks. Martin Hewitt, former Chair of the National Police Chiefs’ Council, was appointed commander of the new Border Security Command. The Home Office has also announced a £75m investment in the Border Security Command in technology, personnel and covert capabilities to combat criminal people smuggling networks.

Future developments: what to expect

Looking ahead, several significant developments will likely shape the UK’s immigration landscape under Labour.

Continuation of digitalisation programme

The digitalisation of the UK border initiated under the previous government is continuing to be implemented at pace under the Labour government. Alongside the ETA scheme mentioned above, this transformation includes the replacement of physical immigration documents (such as biometric residence permits (BRPs)) with entirely digital records of immigration status, called eVisas, which are stored on Home Office databases and accessible by users online. From 31 October 2024, the Home Office stopped producing BRPs and from 31 December 2024, they will become invalid. Migrants are expected to have secured their eVisas to prove their status in the UK. This digital transition is intended to simplify border processes and right to work and rent checks, prevent document tampering and give individuals more control of their data and improve security. However, there are concerns regarding its implementation, accessibility and potential problems for those holding valid UK immigration permission who are unable to apply by the deadline, or how individuals will prove their digital status in instances of technical failure of Home Office databases.

While this represents Labour’s continuation of another initiative started by the Conservative government, Labour’s approach to any issues arising out of this digital transformation will be very instructive. The Home Office under Labour appears more open to constructive feedback and may be less punitive in its implementation of immigration control in cases where individuals are unable to immediately prove their status following the digital transition. This slightly more concessionary approach is welcomed by immigration law practitioners.

Border Security, Asylum and Immigration Bill

The Border Security, Asylum, and Immigration Bill, introduced shortly after the election in July 2024, details further measures to be implemented over the coming months which aim to modernise the asylum and immigration system and deliver on other key manifesto commitments. Key elements include:

• providing the new Border Security Command with powers akin to counter-terrorism measures to disrupt people smuggling networks;
• imposing more substantial penalties for individuals involved in organised immigration crime; and
• streamlining the asylum process including reducing the use of hotels to accommodate asylum seekers and expedite returns for individuals from safe countries.

While concrete proposals currently remain sparse, the bill suggests a focus on enhancing enforcement measures rather than fundamentally reforming the asylum system.

Stepping up employer compliance checks

Ensuring that sponsors (businesses that sponsor foreign nationals to work in the UK) comply with Home Office requirements is clearly high up on the government’s agenda. There has been a steep rise in the number of employers being visited by the Home Office to assess their compliance and suspensions and revocations of employer sponsor licences – a serious consequence for those failing to comply – are increasing as a result. This is a trend which will only increase in coming months, as the government implements its manifesto commitment to clamp down on non-compliant employers.

Potential introduction of EU-UK Youth Mobility Scheme

Reports indicate that the European Commission may soon make a fresh proposal for a Youth Mobility Scheme to facilitate the movement of young people between the UK and the EU. If this proposal materialises, it could be pivotal in resetting UK-EU relations post-Brexit. However, Labour would need to navigate political and diplomatic sensitivities, avoiding perceptions that this represents a backdoor reintroduction of free movement.

Conclusion

The new government’s early actions on immigration indicate a departure from previous approaches, aiming for a more balanced, evidence-based and collaborative system. Scrapping the Rwanda policy and engaging with the MAC on essential issues like the minimum income requirement reflect the new government’s willingness to consult experts and align immigration policies with the UK’s skills development goals. However, Labour still faces significant challenges in reversing deeply embedded Conservative policies while managing public concerns around migration and addressing labour shortages.

As Labour introduces new bills and potentially re-establishes EU partnerships, the coming months and years will reveal whether its approach can balance effective border security, fair asylum processes and individual rights. Immigration lawyers will play a crucial role in ensuring Labour’s reforms uphold justice and fairness, navigating the complex landscape ahead in UK immigration policy.