In our last update concerning Brexit related immigration law developments, we explained that the Home Secretary had commissioned the Migration Advisory Committee (‘MAC’) to provide advice and evidence ‘in respect of current patterns of EU and EEA migration and the role of migration in the wider economy and society’.
We then considered the Government’s latest proposals concerning a new immigration system that will potentially be implemented in three phases. We also set out our advice concerning EU nationals and their family members who are living in or considering moving to the UK, based on the information that has been published to date.
It is important to remember that the detailed negotiations between the UK and EU are ongoing and proposals may therefore change, potentially significantly.
The creation of the post-Brexit immigration system – the MAC wants to hear from you
The MAC is due to provide its substantive report to the Government by September 2018 and is expected to produce interim reports in the meantime. This, and other evidence, will be taken into account by the Government when it finalises the design of the new post-Brexit immigration system.
This month the MAC issued its first Call for Evidence from ‘anyone with relevant knowledge, expertise or experience to help inform the MAC response’.
The design of a new post-Brexit immigration system, and the evidence that underpins it, is a matter of great importance from a national and international perspective.
Interested businesses, universities, schools, charities, other organisations and individuals should respond to the MAC’s first request, with whatever level of detail they feel capable of providing, by 27 October 2017. The MAC has issued a briefing note to accompany the call for evidence outlining some preliminary evidence that may be of interest to those intending to respond.
Responses should be sent to MAC@homeoffice.gsi.gov.uk or by post to Migration Advisory Committee, 2nd Floor, Peel Building, 2 Marsham Street, SW1P 4DF.
The MAC has confirmed that it will publish responses on its website and may quote evidence received, attributed to the individual or organisation that supplied it, in its report.
Any questions about the call for evidence can be sent to the MAC by 12 September 2017 and answers will be published by 29 September 2017.
What sort of information is likely to be of interest to the MAC?
Providing evidence to the MAC that is supported by facts and data is likely to be of most use to them.
In its call for evidence, the MAC has set out a number of questions aimed at providing a general indication of the sort of information it would find most useful. We have set these out below.
It has also stressed that ‘respondents may provide the MAC with other relevant information’.
Questions set out by the MAC:
EEA Migration Trends
Please provide evidence on the characteristics (e.g. types of jobs migrants perform; skill levels, etc.) of EEA migrants in your particular sector/local area/region. How do these differ from UK workers? And from non-EEA workers?
To what extent are EEA migrants seasonal; part-time; agency-workers; temporary; short-term assignments; intra-company transfers; self-employed? What information do you have on their skill levels? To what extent do these differ from UK workers and non-EEA workers?
Are there any relevant sources of evidence, beyond the usual range of official statistics, that would allow the MAC to get a more detailed view of the current patterns of EEA migration, especially over the last year?
Have the patterns of EEA migration changed over time? What evidence do you have showing your employment of EEA migrants since 2000? And after the Brexit referendum? Are these trends different for UK workers and non-EEA workers?
Have you conducted any analysis on the future trends of EEA migration, in particular in the absence of immigration controls?
Have you made any assessment of the impact of a possible reduction in the availability of EEA migrants (whether occurring naturally or through policy) as part of your workforce? What impact would a reduction in EEA migration have on your sector/local area/region? How will your business/sector/area/region cope? Would the impacts be different if reductions in migration took place amongst non-EEA migrants? Have you made any contingency plans?
Recruitment Practices, Training & Skills
Please provide evidence on the methods of recruitment used to employ EEA migrants. Do these methods differ from those used to employ UK and non-EEA workers? What impact does this have on UK workers? Have these methods changed following the Brexit referendum?
Do recruitment practices differ by skill-type and occupation?
What are the advantages and disadvantages of employing EEA workers? Have these changed following the Brexit referendum result?
To what extent has EEA and non-EEA migration affected the skills and training of the UK workers?
How involved are universities and training providers in ensuring that the UK workforce has the skills needed to fill key roles/roles in high demand in your sector? Do you have plans to increase this involvement in the future?
How well aware are you of current UK migration policies for non-EEA migrants? If new immigration policies restrict the numbers of low-skilled migrants who can come to work in the UK, which forms of migration into low-skilled work should be prioritised? For example, the current shortage occupation list applies to high skilled occupations; do you think this should be expanded to cover lower skill levels?
Economic, Social and Fiscal Impacts
What are the economic, social and fiscal costs and benefits of EEA migration to the UK economy? What are the impacts of EEA migrants on the labour market, prices, public services, net fiscal impacts (e.g. taxes paid by migrants; benefits they receive), productivity, investment, innovation and general competitiveness of UK industry?
Do these differ from the impact of non-EEA migrants?
Do these impacts differ at national, regional or local level?
Do these impacts vary by sector and occupation?
Do these impacts vary by skill level (high-skilled, medium-skilled, and low-skilled workers)?
Meeting the MAC
In our experience, representatives of the MAC are always keen to meet with as many stakeholders and interested parties as possible when they are collating evidence. Information as to such events will be published on their website.
Those wishing to arrange a specific event or meeting with the MAC can contact them.
About us and our services for individuals, employers and education providers
We are ranked by Chambers and Partners, The Legal 500, Who’s Who Legal and other leading publications for our high-quality immigration law services. The firm’s founder, Nichola Carter, also works with the world-renowned EU Rights Clinic in Brussels providing legal advice on complex EU law issues.
We offer a range of fixed fee services for individuals and their family members who require advice on the options available and assistance in preparing applications.
We also assist businesses and education providers with their Brexit preparation strategies by:
- running workshops and seminars for HR staff and EEA/EU employees;
- advising on the organisation’s workforce/student data and prevention of illegal working/right to study strategies and providing feedback and support;
- providing assistance with the preparation of relevant applications for individual employees and their family members;
- providing advice where necessary on alternative immigration options;
- offering tailored services to meet specific requirements.
If you require legal assistance or would just like to discuss your situation with one of our experts on a no-obligation basis, please contact us.
We will continue to update our Brexit Immigration Analysis and send out updates as relevant information is published.