MAC report on UK immigration after Brexit

The Home Office also asked the MAC for recommendations to align the UK immigration system with a modern industrial strategy.

In short, the MAC was tasked to consider the impact of Brexit on the UK immigration system.

Background on the Migration Advisory Committee

The Migration Advisory Committee (MAC) advises the UK Home Office on immigration issues. They would, for example, advise the Home Office on what jobs to include on the Tier 2 Shortage Occupation List. The advice and recommendations of the MAC are then usually implemented in some form into new UK immigration law and regulations.

If the UK Government does not offer concessions to EU workers as part of the Brexit deal, the MAC’s recommendations for work migration post-Brexit in 2021, will probably be implemented in some form.
Important to note is that EU citizens who are already in the UK by Brexit would already have been able to apply for temporary or Indefinite Leave to Remain under the EU settlement scheme, and will not be subject to the possible ending of free movement.

The main recommendations of the MAC report

• The MAC report proposes that there should be no free movement for future EU workers. They will be treated in the same way as non-EU workers currently are re immigration status.
• Not to create any new low-skilled worker schemes. The only exception to this is the recently announced Seasonal Agricultural scheme that comes into operation in the British Spring of 2019.
• No changes to how the current Tier 2 Intra Company transfer route works.
• The visa cap on Tier 2 to be removed.
• Tier 2 skilled worker route to include jobs at RQF Level 3, 4 and 5. That is thus the inclusion of medium-skilled jobs to this route.
• The minimum salary threshold of £30,000 to be retained for all Tier 2 jobs.
• The Resident Labour Market Test for Tier 2 Skilled Workers to be abolished.
• To make it easier for Tier 2 workers to change employer in-country.
• The Tier 2 Immigration Skills Charge to also cover non-EEA citizens.

Comments from Immigration Role-players on the MAC report

The Free Movement organisation said in its response to the MAC report recommendations that a large number of UK employers will face significant new administrative burdens if the recommendations are implemented, as proposed. This is because UK employers will now have to ensure that EU workers have the necessary right to work in the UK, or face penalties.

They also said that for the UK employers to access medium-skilled workers as per the suggestion to expand the Tier 2 route, it will mean that many more UK employers will have to become Tier 2 licensed.

The Immigration Law Practitioners Association (ILPA) said in its response that it objects to the proposal of using the Tier 2 Immigration route as a catch-all solution for migration issues brought about by Brexit.

Comments from Breytenbachs on the MAC report

Breytenbachs urges EU citizens who are eligible to apply for Permanent Residence to submit their ILR application without delay. In this way, they may be able to apply for British citizenship straight away. They should also apply for Permanent Residence or British Citizenship for their children.

Breytenbachs welcome the proposed expansion of the Tier 2 immigration route to include medium-skilled workers, as this can bring about many opportunities for non-EU citizens to live and work in the UK.

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