Opinion:
How might the immigration system evolve to support the needs of agriculture and associated industries?

What is the MAC?

For those unfamiliar with the role of the MAC, this is an independent body which is tasked with reviewing the economic impacts of the government’s immigration policy and makes recommendations on how the system could be developed.

Although the findings of the MAC are non-binding, they are generally influential on changes to the immigration system.

The MAC is generally commissioned by the government to review particular aspects of immigration policy and will issue a Call for Evidence where impacted stakeholders are invited to provide information on their experiences of the immigration system and outline the challenges they may face in securing the right skills for their organisation.

What is the current immigration landscape for the sector?

The ending of free movement has significantly reduced the options available to the sector in terms of filling skills shortages.  Although some EU nationals may benefit from pre-Brexit rights (such as the Settlement Scheme or as Frontier Workers) or qualify in a personal capacity, as this will be very much dependent upon the individuals’ circumstances, these routes do not provide a clear framework for long term recruitment strategies.

The Seasonal Worker visa scheme has recently been extended beyond edible horticulture to include both ornamental horticulture and the poultry sector with the number of visas available for 2022 now:

• 38,000 horticulture workers
• 2,000 poultry workers

This scheme is operated by a group of four overarching bodies with responsibility for sponsoring eligible workers on behalf of employers for a temporary period.

The main route for organisations looking to recruit overseas nationals is the Skilled Worker route which enables licenced employers to sponsor individuals to work in the UK. Sponsorship is possible where the relevant skills, salary and English language criteria are met.  Owing to the impact of Brexit, this system differs from the previous “Tier 2 General” route in that both the skills and salary thresholds have been lowered.  This means a range of occupations in agriculture and connected industries are now capable of sponsorship.

Are there any exceptions?

Prior to Brexit, concessions relating to work visas were limited and the general trend was to increase restrictions on the work visa routes.  Now that free movement has ended, whilst EU nationals have seen increased barriers to entry, there is some recognition for greater flexibility in the rules now that meeting net migration targets is no longer a priority.

In the final few months of 2021, the government introduced number of short-term concessions under the Seasonal Worker scheme for poultry workers, HGV drivers and pork butchers to alleviate some of the pressures in the labour market for these specific roles.

Although on the face of it less relevant to the agricultural sector, in February 2022 the government added care workers to the Shortage Occupation List for Skilled Workers despite these roles not meeting the skills threshold.  This was a significant departure from the prevailing approach and, although arguably too late for many organisations, showed a level of pragmatism was possible within the system where it could be demonstrated there was a real need to supplement the UK workforce with overseas nationals.

What could happen next?

The MAC expects to be commissioned to undertake a review of the Shortage Occupation List (SOL).  This will provide a real opportunity for the sector to provide evidence on the skills shortages being faced and influence how the immigration system may be altered to mitigate these.

Under its current guise, inclusion of a particular occupation on the SOL simply lead to a lower salary threshold, which although welcome does not hugely distinguish them from non-shortage roles.  This differs from the pre-Brexit rules where jobs on the SOL benefitted from a range of advantages that made applications for these jobs quicker and less bureaucratic.

If we follow the same principle that the purpose of having a SOL is to distinguish these roles from those not experiencing the same shortages, there is scope for arguing that new concessions should be available for jobs on the SOL under a revamped system. For example, EFRAC has already recommended introducing lower English Language criteria for certain occupations within the sector.

What actions should organisations be considering now? 

As a minimum you should consider engaging with the MAC during their Call for Evidence, and where possible submitting a response with supporting information.  This will best ensure the needs of your organisation are considered when recommendations are made on how the immigration system can mitigate skills shortages in the labour market.

Ultimately, preparation and forward planning will also be key.  The last two years have shown that organisations that have been proactive in their approach to the immigration system have been best placed to take advantage of changes when they arise.  This was most recently seen in the care sector where organisations that did not hold a Sponsor Licence saw their competitors steal a march on them in terms of recruitment when the recent concession was introduced.

Whilst not perfect, the existing immigration rules do provide the ability to sponsor workers in various occupations within the sector.  Understanding what jobs are already capable of sponsorship, the associated costs and any infrastructure that may need to be put in place will potentially open new recruitment channels not currently accessed by your organisation.  Should the MAC advocate for substantial changes to the existing benefits of a role being on the Shortage Occupation List, then having a Sponsor Licence in place beforehand may allow you a real advantage over competitors should changes be introduced at short notice.