In recent years the UK has become more receptive to inward labour migration. In a recent White Paper entitled Secure Borders, Safe Havens: Integration with Diversity in Modern Britain, published in February 2002 the government recognised recruitment difficulties and skill shortages at both ends of the employment market, and the benefits of easing these shortages through immigration.

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In recent years the UK has become more receptive to inward labour migration. In a recent White Paper entitled Secure Borders, Safe Havens: Integration with Diversity in Modern Britain, published in February 2002 the government recognised recruitment difficulties and skill shortages at both ends of the employment market, and the benefits of easing these shortages through immigration. The government also stated that employment opportunities for non-nationals would "reduce the need for economic migrants to enter and work clandestinely, often in vulnerable conditions, and for employers to recruit them to fill jobs”.

There are a number of mechanisms through which migrant workers may apply for the right to work in the United Kingdom; set out in UK policy published on the Home Office UK Border Agency website. European Economic Area citizens may freely work in the UK.  For non-EEA citizens UK based employers, on behalf of individuals, may apply for work permits from within the UK. Such permits are for specific work with a specific employer and are not transferable. After four years of employment on work permits migrant workers may apply for residency. Migrants themselves may also apply from their country of origin for a work permit or entry visa if they have the necessary skills to apply to the Highly Skilled Migrant Programme (HSMP). Work permits are granted for an initial period of one year, renewable for a further three years followed by a right to apply for permanent residence. For individuals arriving from countries from which visas are not required only the work permits need be shown on entry, individuals requiring visas will also have to obtain entry clearance (see 8.2 – Immigration law and policy). Sectors such as engineering and healthcare are placed on a shortage occupation list and are treated preferentially. The pilot scheme for the HSMP started in January 2002 to allow individual entry of certain individuals with specialist skills. Individuals are assessed on the basis of their educational qualifications; work experience; past earnings; achievement in their field and HSMP priority applications (for example at the time of writing priority is given to doctors).

The above proposal, along with a number of other policy changes in relation to economic migration, was published in the February 2002 White Paper, which set out the key challenges in developing policies on nationality, asylum and immigration.  It took the position that the first priority was to develop the skills of the existing population and help UK nationals without work to find employment, however it also identified a clear need for short-term casual labour within the UK and made a commitment to examining the legal migration routes available and to opening up new routes where appropriate.  A second proposal was to introduce immigration rules to allow students to obtain work permits and remain in the country after graduating from a degree. At present a concession allows students graduating as nurses doctors or dentists to obtain work permits without having to leave the country. There was also discussion of expanding the seasonal agricultural workers scheme beyond the agricultural sector to other industries to provide short-term casual labour, under the new low skilled work permit scheme. Finally it was proposed that the working holidaymakers scheme should be expanded beyond Commonwealth countries, and that restrictions should be reviewed, at the time of writing consultation is taking place on this matter. A Sectors Based Scheme was introduced in May 2003.  Quotas were introduced for the food processing (fish, mushroom, and meat processing) and hospitality sectors. This scheme will operate in the same manner as the existing work permit arrangements.

Migrant workers with valid work permits have the same rights under employment law as UK nationals.  They also have the same protection against discrimination in employment (see 8.6 – Discrimination against migrants). They are entitled to any social benefits, which they may qualify for as a result of national insurance and tax contributions. Migrant workers do not however have access to non-contributory benefits as they are usually allowed to enter the country on condition that they will not have recourse to public funds, and must therefore maintain and accommodate themselves without such recourse.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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