UK Immigration White Paper 2025: Scottish Government proposals

Tailored Migration Proposals

Scottish Visa

Evidence Base

The original full publication, which details the evidence base and rationale for the Scottish Visa proposal, can be accessed online here: Migration: Helping Scotland Prosper

Rationale / High-level overview

Countries including Canada and Australia have successfully used regional immigration schemes to allow states and provinces to attract and retain people with the skills and attributes needed to benefit specific local economies and communities. Learning from these international models has helped the Scottish Government to develop a tailored proposal for migration to address the distinct needs of Scotland, in the form of a ‘Scottish Visa’.

The conditions of the Scottish Visa would allow migrants to enter the UK in order to live and work in Scotland. Holders of the visa would need to have a Scottish tax code.

A Scottish Visa would present an additional option for people who want to live, work and eventually settle in Scotland. The Scottish Visa would be an additional route within the UK immigration system, and the Scottish Government would work in partnership with the UK Government to deliver this Visa route.

The Scottish Visa route would give greater flexibility to the Scottish Government in its bid to attract and retain international migrants than the Rural Visa or Scottish Graduate Visa routes, whilst still ensuring that inward migration to the UK would be targeted to where its impact would provide benefit, i.e., Scotland, through its intrinsic link to the Scottish Tax Code.

If the UK Government was to deliver a Scottish Visa route, this could potentially be achieved through one of the following four methods, all of which the Scottish Government would be willing to engage on with the Home Office:

Potential Delivery Models for the Scottish Visa

Model 1: The UK Government creates an additional route for migration to Scotland, where the Home Office defines the criteria and rules, receives and assesses applications, and issues a visa to successful applicants.

Model 2: The Scottish Government considers and proposes criteria for an additional route for migration to Scotland for the UK Government to establish, with the Home Office receiving and assessing applications, and issuing visas to successful applicants.

Model 3: The Scottish Government defines the criteria for an additional route for migration to Scotland, receives and assesses applications, and then nominates successful applicants to the UK Government, where the Home Office receives and assesses the application at this second stage, and issues a visa to successful applicants.

Model 4: The Scottish Government has powers to establish additional routes for migration to Scotland and define eligibility criteria, it receives applications and assesses them, and then refers applications to the UK Government, where the Home Office will verify for identity and security only, before then issuing visas to successful applicants.

Visa Sponsorship

Endorsement and sponsorship are established concepts in the UK immigration system, and nomination in this way would be similar to those processes, albeit the nominating body would be the Scottish Government rather than an employer. The proposed Scottish Visa would not have a sponsorship role for employers, removing a significant burden from the small and medium enterprises which make up a higher share of the economy in Scotland than in the rest of the UK.

Residence in Scotland as a requirement

A condition for admittance on a Scottish Visa route should be residence in Scotland. Residence is already the basis of existing obligations and entitlements. For example, the Scottish tax code is based on residence, as is eligibility for many public services and benefits delivered by the Scottish Government and local government in Scotland.

The Scottish Government would consider carefully what compliance framework would need to be put in place to ensure proportionate, risk-based control for the requirement that holders of this visa stay in Scotland, including information and data sharing arrangements with UK authorities; particularly Immigration Enforcement, but also other bodies such as HMRC who are responsible for the Scottish tax code. In the majority of cases, a requirement to ordinarily reside in Scotland would likely also mean an individual would be working in Scotland. Therefore, the Scottish Government is not proposing additional restrictions on working within the UK – although this could be discussed with the UK Government if required.

Salary Threshold

There would be no salary threshold associated with this visa route, although earnings could be part of the selection process. This could encourage highly skilled people to take up quality jobs in Scotland but not exclude anyone solely on the basis of salary alone.

Length of Stay and Permanent Settlement

The Scottish Government wants to ensure that there would be a pathway from the Scottish Visa to Indefinite Leave to Remain (ILR). It is currently intended that someone holding a Scottish Visa would make an application for ILR to the UK Government. This would be for leave to remain in the UK, or alternatively and if deemed to be an agreeable compromise between the Scottish and UK Governments, an arrangement for permanent settlement in Scotland could be considered. If, in line with other visa routes offering a route to ILR, five years’ residence on the Scottish Visa was required to apply for ILR, the visa could be offered for five years at the outset (or five years and three months, to allow a window for ILR application). Alternatively, a shorter initial visa term could be offered, with a renewal point required to reach five years, for example, three years plus three years. This would potentially include a caseworker review of compliance with the residence requirement, complementing ongoing monitoring. A six-year period of immigration control overall would allow a full year toward the end of the visa term to apply for ILR.

Predicted Outcomes

A route which would maintain the option to promote migration to Scotland despite the varying policy positions regarding immigration to other areas of the UK.

An opportunity to provide a route within the existing UK immigration system which promotes migration to a specific part of the UK where it is actively welcomed.

An opportunity to better control the distribution of migrant workers upon arrival in the UK with visa conditions which prevent migration to areas where the UK government do not believe it to derive a benefit, instead ensuring that migrant workers and their dependants remain in Scotland, where they are welcome, needed, and are part of communities which stand to gain from their contributions.

Rural Visa Pilot

Evidence Base

The original full publication, which details the evidence base and rationale for the Rural Visa Pilot (RVP) proposal, can be accessed online here: Rural visa pilot proposal: September 2022 - gov.scot

Rationale / High level overview

The Scottish Government has repeatedly emphasised the urgency of the challenge for remote and rural communities, with restricted immigration following the ending of free movement threatening the economic and social viability of many areas. Many of these areas are particularly dependent on migration, but very few job roles in remote and rural geographies meet the required salary thresholds or other criteria to recruit through existing visa routes.

The MAC accepted in 2019 that the ‘current migration system is not very effective in dealing with the particular problems remote communities experience’ and recommended the UK Government pilot a scheme to attract and retain migrants in remote areas. The then-Home Secretary, Sajid Javid, accepted that recommendation to develop a pilot scheme in a Written Ministerial Statement on 23 July 2019.

Following consultation with the Expert Advisory Group on Migration and Population, rural and island Scottish local authorities, and other business partners, the Scottish Government has developed the ‘Rural Visa Pilot’ as the best response to address the needs of Scotland’s remote and rural communities.

The over-arching and long-term goal of the RVP would be to deliver improved outcomes at a community level in remote and rural areas facing depopulation and/or skills shortages, by attracting migrants with the skills and profile that would best address the social and economic challenges created by population decline.

The RVP would be a community-driven, employer-based migration route, operating within the UK immigration framework. The approach would spread the benefits of immigration to smaller remote and rural communities in Scotland, enabling migration – based upon genuine employment opportunities – which have the best fit for the economic needs and service delivery of that specific community (either in respect to acute shortage, potential for future growth/regeneration, or for maintaining crucial local services and ongoing viability of communities).

Delivery

Participating employers within identified geographic areas referred to as the ‘community’ would be able to advertise for vacancies (using bespoke entry criteria). Those employers would assess prospective candidates, before recommending chosen candidates to the Home Office for security checks and final decision. Once a decision was approved, the migrant would be sponsored by their employer.

Through the course of their pre-arrival and arrival, community partners - including the employer along with local services and third sector partners - would offer a package of integrated settlement support services for newcomers.

Participating employers, in collaboration with Scottish Government and UK Government organisations, would have responsibility for ensuring that terms and conditions of the scheme continued to be met.

Users of the scheme would be required to adhere to clear conditions of employment within the community as set out across the duration of the pilot. These conditions would be gradually eased over a period of four years, with a route to permanent residency with no mobility restrictions upon completion.

Locations

It is anticipated that decisions about the geographic size and boundaries of a participating ‘community’ would need to be taken in a shared forum between the UK Government, Scottish Government, MAC, and local authorities. However, this proposal makes an initial suggestion that participating ‘community’ areas could be drawn using ‘Travel to Work Area’ (TTWA) geographic units to ensure appropriate size and configuration.

Whilst the Scottish Government have made the offer to pilot a ‘Rural Visa’, the route could be expanded to include rural areas facing demographic challenges across any of the four nations of the United Kingdom, and the Scottish Government would be willing to engage in any discussions around a shared pilot approach.

Duration of Pilot phase

It is anticipated the scheme should establish between 3 and 5 pilot communities across remote and rural areas of Scotland, trialled over an initial period of 5 years. This will enable comparisons between different areas during an ongoing evaluation of the pilot. Following the 5-year period, a review could be undertaken to establish whether the pilot should be extended or be formalised into a wider program.

Scale

Caps or quotas on migrants entering the scheme would need to be discussed during the design phase. However, it is suggested that an initial cap of 300 migrants per designated Community Pilot Area would be permitted to enter via the scheme across the pilot’s duration.

Predicted Outcomes

The overarching and long-term goal of the RVP would be to deliver improved outcomes at a community level in remote and rural areas facing depopulation and/or skills shortages, by attracting migrants with the skills and profile that would best address the social and economic challenges created by population decline.

The approach would spread the benefits of immigration to smaller remote and rural communities in Scotland, enabling migration – based upon genuine employment opportunities – which have the best fit for the economic needs and service delivery of that specific community.

The proposal was endorsed in the Scottish Parliament by 79 votes, with 29 against. Scottish Labour and the Scottish Lib Dems voted in favour alongside the SNP and Scottish Greens. Only the Scottish Conservatives voted against. However, they also remarked that they supported the principle of the Rural Visa Pilot proposal.

Scottish Graduate Visa

Evidence Base

The original full publication, which details the evidence base and rationale for the Rural Visa Pilot proposal, can be accessed online here: Migration - Meeting Scotland's Needs - gov.scot

Rationale / High-level overview

International students have a positive economic impact on Scotland. We want to attract and retain international students in Scotland. However, the restrictions on dependents and the significant increase in the salary threshold for the Skilled Worker Visa are significant disincentives to making this a realistic or attractive proposition for international students. The retention of the Graduate Visa within the existing immigration system is welcome, but there are significant challenges for international students in gaining a role which meets the salary threshold for a Skilled Worker Visa immediately following completion of their studies, especially students outside of London.

We therefore propose the establishment of a Scottish Graduate Visa which would act as a bridge between the existing Graduate Visa and a Skilled Worker Visa, giving international students in Scotland an additional 2 years to develop their career to meet the salary threshold.

Delivery

To be eligible, individuals would need to have completed, and been awarded, a relevant qualification through a Scottish institution, such as a degree, Master’s degree or PhD. They would need to currently be in the UK on a Graduate visa, and intend to live and work in Scotland for the duration of their Scottish Graduate Visa. As with the Scottish Visa, the Scottish Graduate Visa would be linked to a Scottish tax code and be based on a requirement to live and work in Scotland.

Eligibility Criteria

Applicants for this visa route would be required to have:

• completed and been awarded a relevant qualification though an eligible Scottish institution, including a Higher National Diploma, UK recognised undergraduate degree, Master’s degree or PhD;
• currently be in the UK on a Graduate visa;
• have lived in Scotland for “an appropriate period of time” whilst studying;
• intend to live in as well as seek and take employment in Scotland (including self-employment) – linked to a Scottish tax code.

What a successful applicant would be able to do

• work in most jobs in Scotland (no salary requirement)
• be self-employed – to recognise and encourage entrepreneurship
• live in Scotland with a partner and/or children.

Cost

Individuals would need to pay an application fee, in line with existing fees for Graduate visa routes.

Duration

A Scottish Graduate Visa would be granted for up to 2 years. The Scottish Graduate Visa would provide a further opportunity for individuals to gain the professional experience required to qualify for roles on the Skilled Worker Visa route, as the current salary threshold for this visa route is a barrier to access for graduates in many locations and sectors. Whilst living and working in Scotland on the Scottish Graduate Visa, individuals would then be able to apply for other visas, such as a Skilled Worker Visa.

Possible Visa Pathway

• individual applies for, and is awarded, a Student visa or Tier 4 (General) student visa
• following completion of their studies an individual is eligible to apply for a Graduate Visa
• a Graduate Visa lasts for 2 years or 3 years for those with a PhD or other doctoral qualification
• an individual who applied for, and secured, a Graduate Visa could then apply for a Scottish Graduate Visa as a further step after their Graduate Visa
• a Scottish Graduate Visa would last for 2 years.

Predicted Outcome

A ‘Scottish Graduate Visa’ would act to ensure that international talent is not lost to the UK due to the cliff-edge transition from the existing Graduate Visa to a Skilled Worker Visa due to the increased salary requirements of the Skilled Worker Visa. The conditions of the visa would ensure that users of the route live and work in Scotland, contributing to Scotland’s economic and demographic challenges without compromising the UK Government’s own immigration targets.