Maintaining free movement in Scotland for EU citizens would not create a “back door” to the rest of the UK and undermine its post-Brexit visa system, a leading immigration law firm has concluded.
The report, commissioned by Scottish National party members of the UK parliament, strongly backs claims by SNP ministers in Edinburgh that a devolved or tailored immigration regime could be introduced to soften the blow to Scotland’s economy of tighter visa controls.
The findings will add to pressure on the Conservative UK government, which has repeatedly dismissed calls from Edinburgh for immigration powers to be devolved to avoid serious damage to the Scottish economy after Brexit.
Scottish ministers have argued that the country’s low birth rate, rapidly ageing population and relatively low levels of net immigration means it has distinct needs from England.
“It would . . . be entirely possible to maintain the free movement rights of European citizens in Scotland,” the report by law firm Fragomen said. “We reject arguments that free movement in Scotland, or perhaps any regional flexibilities, would create a back door to the wider UK labour market,” it added.
Business groups in Scotland reacted with dismay to the UK government’s announcement last month of plans for a new immigration regime to take effect next year that will replace freedom of movement for EU citizens with a “points-based” visa system prioritising highly paid and better qualified workers.
Nicola Sturgeon, SNP leader and Scotland’s first minister, warned earlier this year that the UK’s plans would be “pretty disastrous” for Scotland when she published proposals for a “Scottish visa” that would open the way for migrants willing to commit to living north of the English border.
Boris Johnson, UK prime minister, has dismissed the Scottish proposals as “absolutely fanciful and deranged”, claiming they would require “a border at Berwick, a wall and inspection posts”.
But the Fragomen report said allowing EU citizens to freely move to Scotland would not make illegal immigration to other parts of the UK any easier or more likely, since European citizens would anyway be able to continue to visit the UK without needing a visa under the planned regime.
“Concerns that this will create a back door do not stack up, when the UK’s front door is wide open,” the report said.
Ian Robinson, a partner in Fragomen’s London office and a former senior Home Office official, said the UK government should have confidence that its existing policies — such as requiring visa checks by employers — would be effective in preventing immigrants from working illegally once they are in the UK.
Mr Robinson, who was responsible for developing and overseeing the UK’s policy on economic migration at the Home Office, dismissed suggestions a separate immigration regime for Scotland would create unwelcome administrative complexity. “If we were to continue free movement in Scotland, then actually we would remove an awful lot of bureaucracy for Scottish employers,” he said.
In response to the report, the Home Office said different rules for Scotland would overly complicate the immigration system and cause significant difficulties for employers who needed to be able to deploy staff across the UK.
“Our new points-based immigration system will work in the interests of the whole of the United Kingdom,” a spokesperson said. “We will continue to work with stakeholders and industry in Scotland to ensure the new proposals work for all sectors.”
Stuart McDonald, SNP Westminster shadow immigration minister, said the Fragomen report debunked UK claims it would be too hard to tailor policy for Scotland. “Instead of dismissing workable ideas out of hand, as it has done in the past, the UK government must have grown-up discussions with the Scottish government,” Mr Macdonald said.
