The Joint Council for the Welfare of Immigrants (JCWI) has released a comprehensive report titled “Work It Out: Advancing Migrant Workers’ Rights.”

This report delves into the challenges faced by migrant workers in the UK and provides a series of recommendations aimed at improving their rights and working conditions.

The Criminalisation of Work

The report highlights how Hostile Environment policies, including the Illegal Working Offence and right-to-work checks, criminalise undocumented individuals who are simply trying to support themselves. These policies lead to unsafe working conditions and negatively impact all migrant workers. The enforcement of these policies through racially biased raids and workplace checks harms workforces and disrupts communities.

The System of Work Sponsorship

The UK’s work sponsorship system is described as inherently exploitative. It ties workers to their employers, making it challenging to leave or change jobs, as their right to remain in the UK is dependent on their sponsor. Post-Brexit, the government has increased the use of restrictive, temporary work visas in sectors like care and farming, exacerbating exploitation and risking making people undocumented.

Exclusion from the State Safety Net

The ‘No Recourse to Public Funds’ condition excludes most migrants from accessing state support during difficult times. This exclusion traps people in exploitative and dangerous conditions at work and at home.

Routes to Regularisation

The UK’s complex immigration system creates precarity, often making it difficult for people to gain secure status. Lengthy and costly routes to settlement frequently result in individuals becoming undocumented, subjecting them to Hostile Environment policies for extended periods.

Safe Reporting Pathways

In the UK, immigration enforcement is prioritised over workers’ safety and wellbeing. Data sharing between workplace inspectorates, the police, and Immigration Enforcement deters migrant workers from cooperating with inspectors, heightening the risk of exploitation and driving down workplace conditions for all workers.

The Role of Unions

Migrants have always been integral to the workforce and the labour rights movement. However, barriers often prevent them from joining unions or participating in industrial action. While unions are increasingly advocating for migrants’ rights, much progress is still needed to ensure all workers can access union support and protections.

Recommendations

The report outlines several recommendations to improve the conditions and rights of migrant workers:

  • Abolish the Illegal Working Offence and Right to Work Checks: Ensure everyone has the right to work without fear of criminalisation.
  • Revamp the Work Sponsorship System: Scrap the current system and ensure all work visas allow safe job changes and offer a pathway to permanent settlement.
  • Access to State Support: Ensure all individuals can access state support in times of need.
  • Simplify Routes to Regularisation: Introduce a straightforward route to regularisation based on five years of residence and support individuals in maintaining secure status.
  • Establish Safe Reporting Pathways: End data sharing between labour inspectorates, the police, and immigration enforcement to protect workers’ safety.
  • Remove Union Barriers: Eliminate barriers that prevent migrants from joining unions and accessing their support.
  • Migrant-Led Policy Development: Develop policies impacting migrant workers by listening to and being led by their views.

This report from JCWI emphasises the need for systemic changes to ensure that all workers, regardless of their immigration status, have access to fair treatment, safe working conditions, and the support they need to thrive in the workplace.