UK Immigration White Paper 2025: Scottish Government proposals

The Scottish Government Position on the UK’s current approach to Asylum and protection

Scotland already plays its part in supporting refugees and people seeking asylum and safety in the UK. In recent years, Scotland has welcomed people fleeing conflict and war around the world, including from Syria, Afghanistan and Ukraine. Continuing global instability and the impact this has on people demonstrates the need for international cooperation and domestic flexibility on the issues of migration and humanitarian protection.

Asylum is currently recognised to be a separate matter from immigration, with the focus being on a person's need for humanitarian protection, rather than a choice to travel to another country. People seeking asylum have often fled their homes suddenly, due to war or persecution, leaving everything behind. They may arrive in the country in which they are seeking safety by chance, with little forethought or preparation.

Scottish Government firmly believes it is possible to deliver a more effective and humane asylum system that treats people with dignity and respect. The UK needs an asylum system that is effective, efficient and delivers for people who may be highly vulnerable. Asylum policy and legislation decisions made at UK level impact local authorities, public services and communities; it is important that appropriate coordination and funding are in place to ensure people can be supported at all stages.

The Scottish Government believes there is an opportunity to take innovative and imaginative approaches to supporting those who are seeking safety in the UK. Increasing the availability of complementary pathways in the UK immigration system reduces the need for people to find dangerous alternatives and breaks the business model of human traffickers who exploit people forced to flee their homes due to war or persecution. Although such routes can be delivered as part of the immigration system rather than as a function of the asylum system or resettlement schemes, people taking up a complementary route should be afforded additional support in recognition of trauma they have suffered.

Scottish Government Proposals to deliver positive change to Asylum and protection

The Scottish Government wants to work with the UK Government, local authorities and support services to address asylum and protection challenges and improve support for people seeking asylum and protection and Scotland’s communities.

Improve speed and quality of asylum decision making

The Scottish Government welcomes steps that have already been taken to restore the right to asylum in the UK through amendments to the Illegal Migration Act 2023. It is important that a new backlog is not allowed to persist or grow. Practical operational matters can also support both people’s access to asylum and the efficiency of the system, including access to suitably qualified legal advice (broader legal aid eligibility is provided in Scotland but there remain common challenges in legal capacity). Consideration of the locations where people can submit claims, as well as interview locations which support access to legal advisers and interpreters would be welcome, particularly as dispersal widens.

Return to community-based asylum accommodation

This would better support integration and reduce costs of temporary hotel accommodation. Local authorities, Scottish Government and key public services must have a role in asylum dispersal planning and continue to be engaged within any development of the place-based approach or alternative approaches to dispersal.

Ensure asylum support rates are adequate

People seeking asylum should not have to choose between essentials, and support rates should properly reflect the costs of daily life, which will vary across Scotland and is likely to be higher in rural areas. Digital access and travel costs should be properly accounted for in support to enable access to essentials, either through increase in support rates or separate provision to ensure people can access information, services and support they need while awaiting a decision.

Extend the move-on period to a minimum of 56 days

Scottish Government has long been calling for an extension to the move on period for newly recognised refugees and welcomes the temporary extension to 56 days. The statutory 28 day move-on period for newly recognised refugees is not sufficient for people, who have not been permitted to work while awaiting a decision on their asylum application, to find a job or apply for Universal Credit, as well as find their own accommodation. Increasing the move-on period permanently would enable better coordination between asylum accommodation providers, local authorities and newly recognised refugees to help manage the process, ensure people understand their rights and how to access accommodation.

Right to work for people

Right to work for people seeking asylum should be granted if they have been waiting six months for a decision, and without restriction to roles on the Immigration Salary List. There should be clarity on right to work policy, including how processes operate in relation to any impact on asylum accommodation and support, with a presumption that working should not make people worse off and recognition that continuing support during a transition into work may be required.

Scottish Government’s Scottish Asylum Right to Work proposal was published in November 2024 and can be accessed online here: Scottish Asylum Right to Work Proposal - gov.scot

Resettlement and Safe Routes

Rather than operating multiple programmes with different rights and entitlements as the system currently does, support should be delivered on an equal basis as far as possible.

To supplement resettlement programmes, flexibility in the system could provide opportunities for refugees and displaced people to come to the UK under safe and legal routes. This would make the system fairer and more straightforward for those who have to use them, as well as providing better value for money by not having to run parallel support systems.

Simplify the complexity of status and associated rights and entitlements being granted through resettlement and relocation schemes

This will reduce burden on services trying to help people navigate rights and entitlements and provide greater parity in support for people arriving in the UK through these schemes. Greater use of the UK Resettlement Scheme would assist with this and still be responsive to humanitarian response priorities as they arise.

Wraparound support for people arriving through UK refugee resettlement or relocation schemes

Wraparound support needs to be properly costed and take account of requirements and operation of services in devolved areas. It should not be presumed that models designed within a context of provision in England can be used in devolved areas and statutory requirements in relation to devolved policy matters, for example education, should be considered. There also needs to be clear expectations in relation to temporary accommodation and final settlement locations, including assessment and mitigation of risks which will cause disruption to service access and integration.

Improve refugee family reunion

Reform the refugee family reunion application process in light of the substantial number of successful appeals. Consider widening the family dependents who can access family reunion, including to allow separated children to sponsor family members. Make it easier for people accepted under family reunion to travel to the UK and ensure that they are provided with information to ensure that they can engage with public services to access support, both to prepare for arrival where possible and to support integration. There is also a need for local authorities to be informed at the earliest possible opportunity when people are arriving through family reunion, in order that housing and homelessness pressures are mitigated as far as possible.

Complimentary pathways

The Scottish Government would welcome greater availability of safe and legal routes for people in need of protection. Where such routes are delivered through the immigration system rather than asylum or refugee resettlement programmes, people on complementary pathways should be afforded additional support in recognition of trauma they have suffered. We welcome further collaboration from the Home Office on their approach to complimentary pathways and see this ongoing work, and the engagement of Devolved Governments in this process as a model example of how we can work together to deliver positive change.

Displaced Talent Mobility

This pilot is an example of how successfully complimentary pathways can help us achieve objectives to better link migration to skills. This scheme currently helps address specific skills shortages within Scotland’s economy, providing an untapped pool of highly-skilled talent for employers, and providing displaced people and their families with the opportunity to rebuild their lives and continue their careers while contributing to Scotland’s future.

The Scottish Government has funded Talent Beyond Boundaries to support displaced people into work in Scotland through this pilot scheme. Over 20 displaced individuals have secured the opportunity to relocate to Scotland in this way. The Scottish Government is committed to supporting displaced talent and, noting the ongoing Community Sponsorship Review, we hope that we can take a more collaborative approach across the UK to benefitting from this scheme, building on the successes from the pilot period and looking forward to permanence in future.

Funding

Vulnerable Migrants

The Scottish Government is committed to supporting groups of vulnerable migrants, including displaced people who are seeking safety in Scotland and looking to rebuild their lives here. Taking a collaborative approach across the UK will ensure a consistent package of support is available, allow us to share best practice and avoid duplication of funding where it isn’t necessary. A coherent, collaborative and co-ordinated approach to supporting vulnerable migrants across the UK, including in Scotland, will provide more effective use of the public purse.

Resettlement and Relocation

Resettlement and relocation schemes funding is complex and the variation between different schemes, when combined with varying rights for people depending on the scheme they are supported under, results in disparity in access to support. For newly recognised refugees granted asylum this is even more acute.

Integration Resource

Resource to support integration across the UK should be distributed fairly and enable decisions to be made at appropriate devolved levels to support local areas. Integration policy is devolved and changes in Westminster’s spending on devolved services should be reflected in the block grants.

Long-term funding commitments for local authorities

Long term commitment of asylum related funding is needed to enable local authorities to plan and use resource effectively to support integration. The Scottish Government welcomed the introduction of some funding for local authorities in 2022, but this has only been committed annually and often confirmed well into the financial year. This limits opportunities for local authorities to plan support services or develops systems which could make significant improvements for people seeking asylum accommodated in their area and communities.