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UK Home secretary Priti Patel
Home secretary Priti Patel said new immigration bill will end free movement. Photograph: Matt Dunham/AP
Home secretary Priti Patel said new immigration bill will end free movement. Photograph: Matt Dunham/AP

Points-based UK immigration bill passes initial Commons stage

This article is more than 3 years old

Labour claims Australian-style system will alienate key workers who have risked their lives amid pandemic

The government’s controversial immigration bill was voted through the House of Commons on Monday night amid Labour claims that it will alienate many key workers who have risked their lives during the coronavirus pandemic.

With a Tory majority of 80, it passed easily by 351 votes to 252, a majority of 99, and will now go on to further parliamentary scrutiny.

If it eventually receives royal assent it will repeal EU freedom of movement in line with promises made by Boris Johnson during the 2016 referendum, and also introduce a new framework, which has yet to be detailed exactly, setting out who can come to Britain in the future.

Some senior Tories have expressed concern that rushing through changes before 31 December could cause chaos, amid claims that Covid-19 has changed public attitudes towards those considered “unskilled”.

Quick Guide

Impact of proposed immigration points system

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How it works

Bulgarian welder, holds A-level equivalent, has job offer for £26,000 a year, does not speak English.

Now: Able to work in the UK under free movement rules.
From January 2021: The worker scores points for a job offer, salary over £25,600, educational qualification, and working in a shortage occupation – meaning a score of 80 points, 10 more than the 70-point threshold. Ticks two of the three mandatory boxes for entry to the country – a job offer and job at appropriate skill level. But falling short on the third compulsory condition for entry of speaking English rules the welder out and they cannot come into the UK. 

Sri Lankan production manager, has job offer for a salary of £28,000 a year, holds A-level equivalent, holds a PhD in a Stem subject, speaks English. 

Now: Eligible courtesy of the requisite educational qualification of degree or over. 
From January 2021: The worker earns less than the £34,000 “going rate” for their profession, meaning that they must pick up 70 points elsewhere to be eligible. They are not in a shortage occupation and so score zero on that point – but succeed nonetheless with 20 points for a job offer, 20 points for their A-level equivalent, 10 points for English, and 20 points for a PhD in a Stem subject – a total of exactly 70.

Italian waiter has job offer in a hotel at £20,000, has languages degree and fluent in English.

Now: Able to work in the UK under free movement rules.
From January 2021: Is eligible to enter on the three mandatory conditions – job offer, speaks English and has met education threshold. Picks up 50 points. But scores zero for salary, zero for shortage occupation, does not have a PhD and cannot come into the country.

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Labour’s shadow home secretary Nick Thomas-Symonds said the government’s salary threshold of £25,600 sends a signal and tells people that anyone earning less is unskilled and unwelcome in our country.

“Those who clapped (for carers) on Thursday are only too happy to vote through a bill today that will send a powerful message to those same people – that they are not considered by this government to be skilled workers.

“Are shop workers unskilled? Are refuse collectors? Are local government workers? Are NHS staff? Are care workers? Of course they are not,” he said.

The Tory former immigration minister Caroline Nokes told MPs she supported free movement but called for an extension of visas for care workers and warned that the bill should be phased in or risk staff shortages across crucial sectors.

“I commend the home secretary for her commitment to extend visas for doctors and nurses, but what of care workers? Are they to be the Cinderella service, forgotten once again? And what of ancillary staff in our hospitals? We cannot open hospitals if we cannot clean the loos.

“This is a crucial bill, but I do need more than two words from the immigration minister about how it can be delivered in a ‘Big Bang’ fashion in just seven months’ time when history tells us this is not the best way,” she said.

The bill follows the promise of an “Australian-style points-based system” first outlined by Johnson and Michael Gove during the 2016 referendum.

Q&A

How does an Australian 'points style' immigration system work?

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Aside from temporary work visas, such as the one-year version used by many young Britons and others to work in lower-skilled jobs such as agriculture and hospitality, Australia has a strictly capped limit for permanent migration of 160,000. Of these spaces, about a third are intended for those moving for family or humanitarian reasons, with the rest based on skilled migration.

There are two types of permanent visa – people who are sponsored by a specific employer, and those who apply independently. Both routes require the applicant to accrue 65 points to move.

Points comes from a range of factors, among them:

  • Age: These range from 25 points for those aged 18-24, to zero if you are over 50. 
  • English language skills: People receive 20 points for 'superior' skills, ten for proficient, and none for 'competent'.
  • Work experience: More time in a particular occupation brings more points, with experience in Australia counting more than that from overseas.
  • Qualifications: Again, higher qualifications bring more points, up to 20 for a doctorate.
  • Relevant skills: Gaining entry requires your jobs to be on the so-called skilled occupation list, a lengthy collection of jobs with shortages, and various classes of visa for which such a job allows people to apply.

Some critics of the Australian system argue it is a blunt tool, and that the strict points-based criteria can mask other skills and qualities. The cap can also cover a significant backlog in processing people. However the idea of introducing a similar system in the UK post-Brexit has been repeatedly floated by prominent Leave supporters like Boris Johnson and Nigel Farage.

Peter Walker, political correspondent

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Speaking in the Commons during the second reading debate, home secretary Priti Patel said: “The bill before us today will play a vital role in our recovery plans for the future. It will end free movement and pave the way for our new points-based immigration system.

“A firmer, fairer and simpler system that will attract the people we need to drive our country forward through the recovery stage of coronavirus laying the foundation for a high wage, high skill, productive economy.”

She highlighted the promise of a fast-track NHS visa, saying it would make it easier and quicker for medical professionals to work in the health service.

Promoted by Johnson during last December’s general election campaign, the NHS visa promises lower fees and rapid processing for qualified applicants such as overseas doctors who have secured an NHS job offer.

The government has announced some proposals for the new system, suggesting points will be awarded for being able to speak English to a certain standard, having a job offer from an approved employer, and meeting a salary threshold of £25,600. The plan will have to be approved by parliament.

In a separate development, public recognition of the important role in the Covid-19 crisis of low-paid and so-called ‘low-skilled’ workers will change the tone of the immigration debate, a thinktank said on Monday.

Two-thirds of the public (64%) agree that “the coronavirus crisis has made me value the role of ‘low-skilled’ workers, in essential services such as care homes, transport and shops, more than before”. Just 9% disagree, according to new ICM polling for the independent thinktank British Future.

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