what may change in immigration policy with the new Prime Minister? – Daily Business

After six challenging years as leader of the Labour Party, two of which were spent as Prime Minister, Keir Starmer has decided to step down. He has been replaced by the former Mayor of Manchester, Andy Burnham. 

Burnham has previously taken a softer tone than Starmer on immigration issues. However, there will likely be little noticeable change in immigration policy for most people wishing to come to the UK. Indications include a rowback on his previous radical positions, keeping relevant ministerial personnel and support for Starmer’s immigration legislation in parliament.

Get help responding to any future changes with immigration assistance from Newcastle Immigration Lawyers.

What Could Change?

Not much will change in British immigration policy under Burnham, but that does not mean there will be a pure continuation of Starmer’s policy. One area relates to indefinite leave to remain (ILR), a status that Starmer had suggested making harder to get. He spoke about converting many routes with a five-year qualification period to ten years. Under “earned settlement”, individuals who had made particularly notable economic and social contributions could settle more rapidly. 

Burnham has not made specific statements on this issue. However, his continued support for migrant workers as part of the Manchester economy during his time as mayor will likely lead him to advocate for consistent, predictable pathways to settlement.

Working as Mayor of Manchester has also given Burnham direct contact with the reliance of specific sectors on economic migrants. An example is the adult social care sector. Starmer’s administration made it harder for these migrants to come to the UK, such as by tightening rules on certain workers bringing dependents with them. Starmer hoped that domestic recruitment could make up for the shortfall. 

Meanwhile, Burnham has already confirmed that fixing Britain’s social care system, which he calls “not defensible”, will be a central priority. “Let’s take a problem-solving approach rather than a point-scoring approach,” Burnham has said. While Burnham is yet to confirm where the workers needed for these reforms will come from, it suggests social care will be prioritised over generating eye-catching cuts to net migration. 

However, Burnham’s return to parliamentary politics has led him to soften many of his more radical ideas. Previously, Burnham opposed the 1999 “no recourse to public funds” rule, which stopped immigrants from accessing benefits and public housing before they achieved settled status. The new Labour Party leader U-turned on this idea during his Makerfield by-election campaign. His spokesperson said: “Towns across this country want an immigration system to be fair and they want to know that the government has control.”

Burnham Has Supported Starmer’s Immigration and Asylum Bill

There are a number of factors suggesting that any changes ushered in by Burnham will be moderate. One of his first acts as the new Member of Parliament for Makerfield was to vote in favour of the Labour Party’s controversial Immigration and Asylum Bill. Fourteen Labour Party MPs rebelled. 

This bill aims to enhance the “safe and legal routes” for accessing asylum in the UK and reduce the number of people making the dangerous channel crossing aboard small boats. The legislation will also change the way that article 8 of the European Convention on Human Rights – the right to private and family life – will be applied. The result will be a reduction in the circumstances in which asylum is granted. Another change will be the replacement of immigration judges with independent adjudicators who will hear appeals, reducing the immigration backlog. 

Burnham’s support for this bill shows that he won’t divert from the main action taken by Starmer’s Labour government in changing the way that asylum and immigration works in the UK. This decision could get him into trouble with some of his backbenchers, who have criticised various aspects of the legislation. The MP Stella Creasy took aim at the measure to reassess refugees’ status every 30 months. She called it a “Diet Coke version of refugee status.”

Shabana Mahmood Remains Home Secretary

Burnham has also indicated a continuation of existing Labour Party immigration policy by keeping Shabana Mahmood as his Home Secretary, the principal architect of the Immigration and Asylum Bill. “This country has always provided sanctuary to those fleeing war and persecution, and I’m proud of that fact. But we must accept that public consent for our asylum system is fraying,” explained Mahmood. The decision is surprising, given the culling and demotion of many of Starmer’s ministers in Burnham’s cabinet reshuffle. 

The list below identifies some of the immigration related measures introduced by Mahmood during the Starmer administration. Given that she continues to hold her position in this great office of state, we can expect that these measures will continue:

• A shift away from permanent settlement for refugees to temporary protection reviewed every 30 months. 
• An overhaul of the asylum system to speed up decisions and reduce illegal migration.
• Enforcement against people smuggling gangs responsible for the dangerous channel crossings. 
• Using diplomatic pressure in immigration enforcement. An example includes threats to suspend visas from nationals of countries obstructing the return of illegal migrants. 
• Tightening of student visa rules, particularly for those coming from nations with a high risk of asylum abuse.
• Making a reduction in net migration an explicit policy promise.

What Should Sponsor Licence and Visa Holders Do in Response to Burnham’s Ascendancy?

Burnham will continue to have an incredibly full in-tray for many months to come as he works to undo perceived failures of the Starmer government, and take the Labour Government in a new direction. The decision to keep Mahmood on as Home Secretary and his shift towards a more moderate position on immigration since his electoral campaign began indicates that there will be little change in the direction of travel. Any potential changes to immigration policy remain speculation.

Given these factors, whether you are a sponsor licence or visa holder, the most sensible course of action is to keep doing what you are doing. This is because political uncertainty is not an acceptable excuse for non-compliance with immigration laws, which will continue to put your business or immigration status at risk. 

Firstly, make sure that you keep reporting any status changes. Keep the Home Office updated on any changes to worker salaries, duties, hours, and more. Proper right-to-work checks must be conducted for any new foreign workers joining your business. Likewise, people on work visas have a responsibility to keep the Home Office updated and apply to switch visas if necessary. Likewise, you’ll need to make sure that you maintain legal immigration status to remain in the Uk without getting in trouble with immigration authorities. This includes applying for visa extensions before your current status expires.

Speculation on immigration changes also shouldn’t change your business’s recruiting behaviour. It remains worth keeping an eye on the international labour market and working to attract the world’s most talented workers. Wait until dates and policies become certain before considering if your strategy needs to change. 

If new legislation does come in that impacts your business’s hiring of foreign workers, make sure to maintain transparency with all your staff. They will want to know if current workers will be impacted, and if there will be a change to your hiring processes.