Policy paper

A response to an inspection of the immigration system as it relates to the agricultural sector

Published 19 December 2022

Introduction

The Home Office thanks the Independent Chief Inspector of Borders and Immigration (ICIBI) for his report. The Home Office is grateful to the ICIBI for the effort that he and his team have devoted to this inspection, and the attention which has been given to examining the relationship between work services within Visas, Status and Information (VSI) and the agricultural sector.

Work is already underway to take forward the recommendations in this report to ensure that VSI continues to meet not only its own objectives, but also to support the delivery of the Home Office’s broader aims in responding to the findings.

The department has accepted all the ICIBI’s recommendations.

The Home Office response to the recommendations:

Recommendation 1 - Compliance

Within 3 months:

a. Conduct (and publish the findings of) an overdue review of the Seasonal Worker route. This should focus on the 9 objectives of the 2019 pilot, in particular on objectives 6, 7 and 8.

b. With regards to the monitoring and reporting regime, the review should focus in particular on:

• i. improvements to training and guidance for compliance officers

• ii. creating operating mandates to include when referrals should be made and to whom

• iii. creating clear policies and guidance for robust action for scheme operators where compliance visits indicate that guidance is not being followed

• iv. ensuring that compliance visits are driven by intelligence

1.1 Recommendation accepted

1.2 The department intends to complete a review and it is anticipated that the review will be completed by April 2023.

1.3. The department intends to form a dedicated team to monitor the operational immigration elements of the scheme. This will include introducing new guidance and training, developing specialist staff, and enhancing existing use of intelligence.

Recommendation 2 - Communication

Within 3 months, publish a communications and engagement roadmap specifically focused on the agricultural sector. The roadmap should cover:

a. the aims, terms of reference and frequency of routine communication

b. details of how the Home Office will actively seek the views of those who participate and contribute

c. monitoring mechanisms to review progress and ensure that engagement continues to be mutually beneficial

d. plans for sharing agendas, meeting records, action logs and outcomes with attendees

2.1 Recommendation accepted

2.2 The department will produce a communications and engagement roadmap which will be completed by April 2023.

Recommendation 3 - Clarity of roles and responsibilities

Within 3 months, for the Seasonal Worker route, produce and publish a reference document clarifying who is responsible for what across the Home Office, other government departments, devolved administrations, and local authorities. This reference document should be underpinned by a memorandum of understanding between all the relevant parties.

3.1 Recommendation accepted

3.2 We will prepare a document setting out the roles and responsibilities of various Home Office units involved with the Seasonal Worker route. This will be completed by July 2023.

3.3 The Home Office cannot dictate the roles and responsibilities of other government departments, devolved administrations, and local authorities, nor can it compel those organisations to agree a memorandum of understanding. We will, however, share the document created in 3.2 (once completed) with those organisations, and encourage production of similar roles and responsibilities framework that could then form the basis of a memorandum of understanding.