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In September 2024, Focus on Labour Exploitation (FLEX) published a report on the UK labour migration system following the end of free movement. The report focuses on industry perspectives from sectors that have historically relied on migrant labour like hospitality, care, and agriculture.

 

Skilled Worker Visa article

 

Challenges brought by the end of free movement

 

The report highlights several challenges for both employers and workers in these sectors following the end of free movement in the UK. Employers now face high costs and administrative hurdles when hiring migrant workers through visa sponsorship, making it more difficult to recruit both from overseas and within the UK. Workers also struggle with high visa fees, adding pressure on both sides.

 

The report also notes difficulties in attracting domestic workers, particularly when it comes to live-in care and agriculture, where jobs can sometimes be viewed as undesirable. As a result, many roles are filled by migrant workers, largely due to wage differences and strict visa rules.

 

Since the end of free movement, wages have risen, but this is primarily due to increases in the national living wage. Shift patterns have also changed: hospitality has improved conditions to attract local workers, but the care sector has seen worsened conditions due to staff shortages. Recruitment agencies are commonly used, though it’s unclear if their role has expanded. However, outsourcing recruitment may also increase the risk of worker exploitation.

 

Sector-specific concerns

 

Additionally, the report highlights sector-specific concerns regarding the long-term sustainability of industries and service quality:

 

  • In adult social care, there are growing issues with the quality of care due to reduced time for care visits, with some visits now lasting only 15 minutes. This leaves both workers overstretched and care users receiving inadequate support.
  • In agriculture, there are fears over the future of UK fruit farming. Shrinking access to EU workers and a reluctance to use recruitment agencies or the Seasonal Worker Visa have led some growers to consider switching from fruit farming to less labour-intensive crops like cereals.
  • For the hospitality industry, the main use of the Skilled Worker Visa is for hiring chefs. However, the increase in the minimum income requirement in April 2024 casts doubt on whether this pathway will remain viable.

Overall, the report concludes that visa route changes since the end of free movement have caused risks and challenges for both workers and employers.

 

What solutions does the report offer?

 

FLEX recommended that the Home Office should set visa fees based on administrative costs to ensure fairness for workers and employers. It also calls for the creation of a Single Enforcement Body (SEB) to protect workers’ rights and ensure fair pay. It suggests reallocating resources from immigration crime inspections to ensuring sponsors provide fair work. Visa policies should allow job mobility and lead to settlement, and repayment clauses for recruitment costs should be banned. The government should  also focus on improving wages and training rather than relying on discounted labour schemes.

 

Additionally, FLEX advocates expanding visa options, repealing the No Recourse to Public Funds (NRPF) policy to reduce poverty, and abolishing the Illegal Working Offence to enable safe reporting of exploitation.

 

Our thoughts

 

We are pleased to see that the report identifies key issues in the UK immigrant employment market and offers valuable suggestions for government action. We hope the UK government will improve its policies to better protect the rights and interests of both UK employers and migrant workers.

 

Should you wish to know more about the latest knew regarding skilled worker visas in the UK, please do not hesitate to contact Lisa’s Law and our experienced solicitors will be happy to assist you.

 

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Sumit Singh

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