Draft Immigration Skills Charge (Amendment) Regulations 2022

Shailesh Vara Excerpts

Wednesday 16th November 2022 General Committees

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

I beg to move,

That the Committee has considered the draft Immigration Skills Charge (Amendment) Regulations 2022. 

The immigration skills charge was introduced in April 2017. Its aim is to incentivise businesses in the UK to take a long-term view of investment and training in the domestic workforce. It is designed to address historical under-investment in the training of domestic workers by UK employers, and to deter some from turning to immigration as a cheaper alternative.

The charge is paid by employers seeking to sponsor migrants on a skilled worker visa or a global business mobility visa as a senior or specialist worker. The charge is paid up front when the employer sponsors a worker’s visa, and is automatically calculated based on the dates provided by the employer. It applies at a rate of £1,000 per migrant per year for large businesses, with a reduced rate of £364 for small businesses and charities.

In the last fiscal year, the charge raised approximately £349 million. Although the income raised is not additional funding for skills, it helps to maintain the existing skills budgets across the United Kingdom, and is consistent with the Government’s view that immigration must not be seen as a silver bullet to deal with skills needs in our economy. As education and skills are devolved matters, the income raised also helps to maintain funding levels for each of the devolved nations. It is distributed between England, Scotland, Wales and Northern Ireland using the formula devised by Lord Barnett.

Let us turn to the purpose of these technical regulations. Although it remains important that the charge be applied to most employers who use labour from outside the UK to fill their skills needs, there are good reasons to make specific exceptions. For example, workers are exempt if they are entering the UK for under six months, because they are then unlikely to be filling a job arising from a skills shortage.

These regulations will make two new cohorts exempt from the charge. The first of these is scale-up workers. In August this year, we launched the new scale-up visa. This enables UK businesses experiencing sustained high growth to attract top international talent and enhance the wider skills ecosystem. That visa was never intended to be subject to the immigration skills charge, as it focused on facilitating rapid recruitment and reducing the burden for UK businesses undergoing sustained high growth. This route provides workers with highly flexible conditions, including access to the wider labour market without sponsorship after six months. Consequently, the initial sponsoring employer should not be subject to the charge. As things stand, however, the route falls within the scope of the charge due to the wording of the current legislation. Sponsors of scale-up workers currently benefit from a waiver of the charge, but these regulations will codify the position by formally exempting them.

Secondly, I shall deal with the EU intra-company worker exemption. The second cohort to be exempt from the charge is EU workers who are undertaking intra-company assignments under the terms of the UK-EU trade and co-operation agreement. That agreement was ratified by Parliament on 30 December 2020. It secured preferential trading arrangements between the UK and the EU. One such accord was that neither party would apply taxes or charges, of a type such as the immigration skills charge, to workers undertaking intra-company assignments within the terms of the agreement. Both parties committed to dropping such taxes and charges no later than 1 January 2023. This is a legal requirement that is enforceable under international law. Accordingly, these regulations make the appropriate exemption for EU businesses sponsoring such workers.

[Shailesh Vara (North West Cambridgeshire) (Con)]

Can the Minister assure us that the EU is complying with its obligations?

[Miss Dines]

I understand that there is regular discussion on the issue and we are being afforded the same treatment. It is quite right to look at that, because we must make sure that this agreement is enforced equally, and that the UK and the EU are in equal partnership.

In conclusion, the immigration skills charge plays a valuable role in our immigration system. It encourages UK businesses to use domestic labour where they can, and to invest in skills when they are in short supply, but it is important that we make exemptions to the charge when there are sufficiently good reasons to do so. The regulations will support UK scale-up businesses in competing in the global market for the skills needed to continue their rapid growth. They will ensure that we deliver on an important trade commitment to our partners in the EU, and thereby secure reciprocal treatment for British workers undertaking business assignments throughout Europe. I commend the regulations to the Committee.

--- Later in debate ---

[Shailesh Vara]

I note the hon. Lady’s comments about migrants coming to this country. However, does she agree that we must deplore the way that thousands of them come to this country—by using people smugglers, who risk lives?

[Anne McLaughlin]

I did not know that we were allowed to go off on a tangent. This is getting into an argument about how people come to this country. We are talking about migrant workers; asylum seekers are not allowed to work.

[Shailesh Vara]

On a point of order, Ms Fovargue. I was simply taking up an issue that the hon. Member for Glasgow North East raised. If I am out of order, presumably she is as well.

[The Chair]

Order. We are moving slightly beyond the scope of the regulations. Perhaps you could both get back to the regulations.

[Shailesh Vara]

If the hon. Lady is afraid of answering the question, she should say so, rather than avoiding the issue.

[The Chair]

Order. Can we move back to the discussion, please?