Devolution (Immigration) (Scotland) Bill

What is it about?

The private member’s bill, tabled by SNP MP Stephen Gethins, aims to refresh the Scotland Act 1998 to give Holyrood powers to legislate on immigration.

The SNP argues that having a separate immigration system north of the border would help tackle the workforce crisis and the depopulation and deskilling problems affecting rural areas across the country.

Gethins’ proposed legislation is not the first attempt by his party to gain immigration powers. In 2020, following the end to free movement after Brexit, then first minister Nicola Sturgeon called for a “tailored” approach to immigration to offset the country’s ageing population, but the proposal was blocked by the Home Office.

Why is this a Scotland-specific problem?

The UK has an ageing population, but the problem is more acute north of the border. Scotland’s population is set to peak in 2033, according to the Office for National Statistics, and estimates show that by 2045 the number of people aged 65 and over will grow by nearly a third while the number of children will fall by nearly a fifth.

What does the bill propose?

The bill supports the three tailored migration routes proposed by the Scottish Government in January.

The Scottish graduate visa would act as a “bridge between the study and graduate visa and skilled worker visa” and allow international graduates to stay in Scotland for an additional two years. It is hoped the additional time would allow graduates to develop their career to meet the salary threshold of £38,700 needed to obtain a Skilled Worker Visa.

The Scottish rural visa pilot would encourage immigration to remote areas in a bid to help combat the population decline in these areas. It is understood employers would be granted “more relaxed” visa criteria, such as a reduction to the minimum salary needed to sponsor a UK skilled worker. Those who obtain this visa would be required to work in the relevant area for four years, after which they would qualify for permanent residency.

There would also be a Scottish work visa, which would allow immigrants to relocate to Scotland without sponsorship. Those awarded this visa would be linked to a Scottish tax code and would not be allowed to live elsewhere in the UK.

Is Westminster likely to back the proposals?

It doesn’t look likely.

In an interview with The House magazine, Scottish Labour leader Anas Sarwar said he had “a number of conversations” with home secretary Yvette Cooper before and after the general election on a bespoke immigration system for Scotland.

He said: “How do you have an immigration system that respects a single Border Agency, that respects a single immigration system, but also recognises the different demographics and different challenges in different parts of the country? That’s what we’d like to see in terms of reforming the Migration Advisory Committee.”

However, the UK Government has ruled out the scheme. It said it “will continue to work closely with the Scottish Government on areas where devolved and reserved policies intersect” but insisted that “there are no plans to introduce a visa route specific to Scotland.”

Moreover, Gethins’ proposals do not fit well with Starmer’s stance on immigration. Last week, the prime minister announced tighter rules on those allowed to come into the UK as part of his plans to reduce net migration. 

Has Scotland had its own visa system before?

Yes, the Fresh Talent Initiative, which ran from 2005 to 2008. However, the scheme, which offered two-year visas to graduates of Scottish universities, was heavily criticised. English universities argued the scheme was discriminatory and left them at a competitive disadvantage.

Are there similar immigration arrangements elsewhere?

Yes, the bill’s proposals are modelled on Canada’s decentralised immigration systems. These schemes allow provinces to design independent regional immigration routes to tackle labour shortages across the region. 

What do others say?

Tory leader Kemi Badenoch is against the scheme, claiming it would be “extremely difficult” to police. She said: “The borders are the borders of the United Kingdom, not the borders between Scotland and England.”

However, the tourism and hospitality sectors back the proposals, citing it as a key method to fix staff shortages caused by Brexit and the Covid pandemic. The Scottish Tourism Alliance said, “failure to find a tailored solution risks having a further detrimental impact on the economy and opportunities for economic growth” and Leon Thomson, executive director of UK Hospitality Scotland, said a separate visa would be a “game-changer” for the sector.

What happens next?

The bill is going through its second reading in the House of Commons, with the next sitting set to happen on 11 July.