1Our inquiry
1.In 2012 the UK Government closed the Tier 1 (Post-Study Work) visa to new applicants, making it considerably more difficult for non-EU international students attending Higher Education Institutions (HEIs) in the UK—including those in Scotland—to stay in the UK to work after their studies.1 The Government stated that this was part of its plans to reduce net migration from the hundreds of thousands down to the tens of thousands, and would “make sure all but the very best return home after study”.2 This decision was opposed by the Scottish Government and they, along with representatives of the Scottish education and business sectors, have continued to debate the merits of the decision.3
Responsibility for immigration policy
2.Immigration is a reserved matter and the UK Government is therefore responsible for immigration policy across the UK. This includes the rules for international students coming to Scotland to study, and remaining in the UK to work after their studies. The Home Office leads on immigration policy, and is advised on this by the Migration Advisory Committee, an independent non-departmental public body. As with all areas of policy, the Scotland Office is responsible for representing Scottish interests within the UK Government.
Past work by the Scottish Affairs Committee
3.The previous Scottish Affairs Committee published a report, in July 2011, looking at The Student Immigration System in Scotland, and in particular the Government’s plans to close the Post-Study Work visa.4 The report noted the importance of international students to HEIs in Scotland, and urged the Government to consider the impact on Scotland of changes to visa arrangements. The Government responded to the Committee’s report in October 2011, stating that although international students made “a vital contribution to the UK economy” and made “our education system one of the best in the world” it had “become very apparent that that the old student visa regime was failing to control student immigration adequately, with real evidence of poor quality colleges and abuse of the student route.” The response further stated that the planned reforms would “ensure students come for a limited period and to study not to work”.5
Recent developments
4.In the past 18 months there have been several developments which have led us to consider this matter. These are:
- The report of the Smith Commission was published, stating that the UK and Scottish governments should work together to explore the possibility of introducing formal post-study work schemes for non-EU international students graduating from further and higher education institutions in Scotland.6
- A report by the Post Study Work Working Group, established by the Scottish Government, looked at the impact on Scotland of closing the Post-Study Work visa and considered how a new post-study work route for Scotland might operate.7
- Evidence to our inquiries into the Work of the Scottish Affairs Committee and the Creative industries in Scotland highlighted immigration, and post-study work routes in particular, as areas where UK policy did not seem to be meeting the needs of Scotland.8
We describe these developments in more detail below.
The Smith Commission
5.The report of the Smith Commission, established to agree new powers for Scotland following the referendum on Scottish independence, did not recommend devolving any aspect of immigration policy. It did, however, state that the five parties represented on the Commission agreed that the Scottish and UK governments should work together to:
explore the possibility of introducing formal schemes to allow international higher education students graduating from Scottish further and higher education institutions to remain in Scotland and contribute to economic activity for a defined period of time.9
Work by the Scottish Government
6.In 2014 the Scottish Government Minister for Europe and International Development, Humza Yousaf MSP, established the Post Study Work Working Group—made up of education and business groups—to understand and represent views on the impact on the Scottish economy of the removal of the Post-Study Work visa, and look at how such a visa could work if it were reintroduced in Scotland. The group reported in March 2015, finding that there had been a substantial decline in enrolments of international students at Scottish Universities from key overseas markets, and concluding that Scotland needed a more competitive post-study work offer in order to compete internationally, and that improved post-study work routes would benefit Scottish economic growth and business development.10 The Scottish Government has since formed a cross-party Post Study Work Steering Group, chaired by Mr Yousaf, to take forward the Working Group’s report.11 The Steering Group includes representatives from the SNP, Conservatives, Labour, Liberal Democrats and Greens, as well as the business and education sectors.
Our reports on the Work of the Scottish Affairs Committee and the creative industries
7.The first inquiry we held this Parliament was into the Work of the Scottish Affairs Committee, where we asked people and organisations across Scotland which key issues we should be looking at in the first part of this Parliament.12 One of the themes which came out in our evidence was concern about the Government’s actions to restrict post-study work routes for international students, and the impact this has had on universities and businesses in Scotland. The current immigration framework was also raised as a matter of concern in several pieces of evidence we received during our inquiry into the Creative industries in Scotland, with contributors arguing that current immigration rules were too restrictive and limited access to skilled workers for these industries.13
Our inquiry
8.In light of the recent developments outlined above, and in particular the strong views expressed in the evidence we received about our future work programme, we decided to hold an inquiry into post-study work schemes for non-EU international students attending Scottish Higher Education Institutions.14 Our inquiry was intended, in particular, to look at what progress had been made by the UK and Scottish governments on exploring formal post-study work schemes for Scotland, in line with the recommendation made by the Smith Commission.
9.To inform our deliberations we held evidence sessions in Aberdeen and London, where we heard from the UK and Scottish governments as well as representatives from the business and education sectors, and experts on immigration law. As part of our visit to Aberdeen we met with international students and alumni who had studied at the University of Aberdeen and Robert Gordon University. We have also received written evidence from a wide range of individuals and organisations, including a number of international students affected by this debate.15 We are grateful to all those who have helped inform this report.
1 An outline of the Tier 1 (Post-Study Work) visa and current arrangements for international students wishing to stay in the UK to work after their studies is set out in chapter 3.
2 Home Office, Foreign student visas: Home Secretary’s statement, March 2011
3 Scottish Government (PSW0002), All-Party Parliamentary Group on Migration, UK post study work opportunities for international students, February 2015, House of Lords Science and Technology Select Committee, Fourth Report of Session 2013–14, International Science, Technology, Engineering and Mathematics (STEM) students, HL Paper 162
4 Scottish Affairs Committee, Fifth Report of Session 2010–12, The Student Immigration System in Scotland, HC 912-I
5 Home Office, The Student Immigration System in Scotland: Government Response to the Fifth Report from the Scottish Affairs Committee, October 2011
6 The Smith Commission, Report of the Smith Commission for further devolution of powers to the Scottish Parliament, November 2014, para 96 (2)
7 Scottish Government, Post Study Work Working Group: Report to Ministers, March 2015
8 Scottish Affairs Committee, First Report of Session 2015–16, Work of the Scottish Affairs Committee, HC 331, Scottish Affairs Committee, Second Report of Session 2015–16, Creative industries in Scotland, HC 332
9 The Smith Commission, Report of the Smith Commission for further devolution of powers to the Scottish Parliament, November 2014
10 Scottish Government, Post Study Work Working Group: Report to Ministers, March 2015
11 Scottish Government, Cross party steering group on post study work visa, June 2015
12 Scottish Affairs Committee, First Report of Session 2015–16, Work of the Scottish Affairs Committee, HC 331, paras 43-48
13 Scottish Affairs Committee, Second Report of Session 2015–16, Creative industries in Scotland, HC 332, paras 69-71
14 The full terms of reference for this inquiry are available online: Post-study work schemes
15 A full list of the evidence the Committee received is available on page 40–41.
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Prepared 10 February 2016