Visa System Hampering Businesses Seeking Workers, Says U.K. Lawyer

Forbes

28-03-2025

The financial district of London. (Getty Creative)
According to a partner at one of the U.K.'s leading law firms, the country's immigration system is 'holding businesses back' in their attempts to recruit the foreign workers they need. The commentary highlights current tensions in the U.K., between the need for more foreign talent to fill critical skills shortages on the one hand, and the political pressure on the government to limit immigration numbers on the other.
Writing for 'People Management,' the HR news site run by the Chartered Institute of Personnel and Development, David Winnie, a partner at law firm Gilson Gray, outlines the ways the U.K.'s current system for skilled labor immigration is getting in the way of businesses trying to recruit.
These issues broadly emanate from the way the Skilled Worker Visa (SWV) system works. The SWV was established to manage skilled labor immigration in the wake of the U.K.'s exit from the European Union, after which the country stopped benefitting from the free movement of workers from around Europe. The system sets minimum salary thresholds for potential foreign workers in various sectors, with particular exceptions and carve-outs for jobs in sectors deemed critical. The system in theory ensures minimum standards while also allowing businesses to recruit the workers they need, thereby supporting Britain's economic growth.
In practice, however, businesses and immigration advisers have found the system often difficult to navigate, preventing businesses from recruiting.
'While (the scheme) sounds reasonable and it was set up with the right intentions,' writes Winnie, 'the system is highly complex and convoluted.'
Where the scheme gets difficult, says Winnie, is the finer details of calculating whether a worker's salary meets those minimum standards, taking into account hours worked, the particular sector and other benefits included in the employment package.
Compounding matters, he says, is a series of recently-introduced regulations from the Home Office (the U.K. ministry responsible for immigration), which have proven difficult to keep up with. Getting all the details right is very important, as failure to properly follow the rules - even inadvertently - could mean employers are fined or even stripped of their ability to hire more foreign workers.
Winnie's post highlights a point of tension in the U.K., where immigration is a very sensitive political issue. There is enormous pressure on the government to reduce the overall amount of immigrants coming to the country. The government then has a fine line to tread between making sure the country's businesses and economy overall are getting the workers they need, while at the same time trying to head off the political damage they may receive by being seen as letting in 'too many' people.
As it stands, it is clear the U.K. still does not have nearly enough workers as it needs, with massive shortages long reported across many key sectors. David Winnie's expert commentary outlines how the inefficiencies in the existing system are only exacerbating that problem.
'Whatever your views on the politics of immigration, the fact is that we don't have enough skilled workers in the U.K. to grow our economy,' he concludes. 'Unless the shortcomings of the current system are addressed – and hopefully they will be in future updates – many businesses could be hindered from reaching their full potential.'