CBP 9665
CBP 9665
26 June 2023
By CJ McKinney,
Seasonal Worker visas and UK
Sarah Coe,
Iona Stewart
agriculture
Summary
1 The UK’s agricultural workforce
2 History of agricultural worker visa schemes
3 The Seasonal Worker visa scheme today
4 Working conditions and exploitation
5 Does the Seasonal Worker scheme meet farmers’ needs?
commonslibrary.parliament.uk
Number CBP-9665 Seasonal Worker visas and UK agriculture
Image Credits
Chris via Flickr
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Contents
Summary 4
Summary
The most recent incarnation, the Seasonal Agricultural Workers Scheme, was
restricted to Romanian and Bulgarian citizens from 2008. It was then
scrapped altogether in 2014. The government considered that demand could
be met by EU workers allowed to come to the UK without visas, particularly
from Eastern European countries.
Following reports of labour shortages and concerns about the effect of ending
EU free movement, a new Seasonal Worker Pilot scheme was announced in
2018. The Migration Advisory Committee said “if there is no such scheme it is
likely that there would be a contraction and even closure of many businesses”
in the horticultural sector.
When the pilot began, workers mostly came from Ukraine and Russia. Today a
much wider range of nationalities is represented, including from Central
Asian countries such as Kyrgyzstan, Uzbekistan and Tajikistan. They are
allowed to do certain types of work (such as crop harvesting) in edible and
ornamental horticulture for up to six months in any year.
The Johnson Government said that the Seasonal Worker scheme would be in
place at least until the end of 2024, but that the quota would be gradually
reduced. By contrast, the Sunak Government increased the quota for 2023
and 2024.
In 2022, one of the seven scheme operators was stripped of its licence and a
second suspended.
Scheme operators must have a licence from the Gangmasters and Labour
Abuse Authority and can have it revoked if they failed to abide by certain
standards. But the regulator does not routinely carry out inspections on farm
premises and says it is not the “lead agency” on the rights of seasonal
workers. The Independent Chief Inspector of Borders and Immigration has
reported a “lack of clarity about who is holding farmers and scheme
operators accountable”.
The Department for Environment, Food and Rural Affairs has commissioned
an Independent Review into Labour Shortages in the Food Supply Chain. Its
findings, which are overdue, will inform decisions on the future of the
Seasonal Worker scheme beyond 2024.
The National Farmers’ Union says reliance on overseas labour “will continue
to increase” for the foreseeable future. Farming industry representatives,
including the NFU, want the Seasonal Worker scheme to be guaranteed five
years ahead and for visas to last nine months instead of six.
In 2022, the United Kingdom’s agricultural workforce was 471,000. This had
increased by 1% from 467,000 in 2021. 1
The majority (64%) of this workforce was in England with 301,000, followed
by Scotland with 67,000 (14%), Wales with 52,000 (11%) and Northern
Ireland with 50,000 (11%).
The total agricultural workforce across all four parts of the UK has remained
fairly stable from 2015 to 2022.
Wales
400
N. Ireland
Scotland
300
200
England
100
0
2015 2016 2017 2018 2019 2020 2021 2022
Source: Department for Environment, Food and Rural Affairs, Agricultural Workforce in the United
Kingdom at 1 June
1 Department for Environment, Food & Rural Affairs (Defra), Agricultural Workforce in the United
Kingdom at 1 June. All figures are rounded to the nearest 1,000.
Age of holders
Agriculture typically has an aging workforce. In the UK, around a third of all
holders (38%) were over the typical retirement age of 65, while the proportion
of young people aged under 35 was around 3%. The holder is defined as the
person in whose name the holding is operated.
In 2016, the average age for holders in the UK was 59 years old. This is the
median average: the middle value when all holders’ ages are ranking in
order.
Source: Defra, Farm Structure Survey 2016, Agricultural labour in England and the UK
Non-Family workers
Family workers
0 10 20 30 40 50 60 70 80
Source: Defra, Farm Structure Survey 2016, Agricultural labour in England and the UK
Source: Defra, Farm Structure Survey 2016, Agricultural labour in England and the UK
Northern Ireland and Wales had the highest proportion of the workforce
comprising of farmers, business partners, directors and spouses (77%),
followed by Scotland (64%) and England (60%).
Out of the farmers, business partners, directors and spouses in the UK,
approximately half worked full time and half worked part time. Scotland was
the exception, with 35% working full time and 65% working part time.
Out of the regular employees, approximately 60% worked full time and 40%
worked part time in England, Scotland and Northern Ireland. The data for
Wales was not collected.
Scotland
England
Notes:
Part time is defined as less than 39 hours per week in England and Wales, less than 38 hours
per week in Scotland and less than 30 hours per week in Northern Ireland.
Data is not collected on regular or seasonal labour in Wales.
2
PQ HL946 [on Horticulture: Seasonal Workers], 14 June 2022
3
Environment, Food and Rural Affairs Committee, The UK’s new immigration policy and the food
supply chain, HC 231 2019-21, 22 December 2020, p33
NFU
The National Farmers’ Union (NFU) Supply of Seasonal Labour data is the only
data source that identifies the nationality of all seasonal agricultural
workers. It does this by asking recruiters where their seasonal workers are
recruited from.
Defra
The Department for Environment, Food and Rural Affairs (Defra), in its Food
Security Report 2021, agreed that almost all seasonal workers come from
outside the UK. 6
4
Economic Affairs Committee, UK labour supply, Ev 24
5
ONS, Labour in the agriculture industry, UK: February 2018, 6 February 2018
6
Department for Environment, Food & Rural Affairs, UK Food Security Report 2021, 16 December 2021
The scheme originated after the Second World War and was designed to
facilitate the movement of young people from across Europe to work in
agriculture, primarily as an additional source of labour in peak season. It was
originally set up as an opportunity for cultural exchange for young people but
has developed and changed with trends in demand and supply of labour as
well as the policy environment.
[…]
While there have been changes in the eligibility rules, quota size and operation
of the scheme, the scheme has remained essentially the same [up to 2013],
enabling workers (usually students) to come to the UK for short periods,
specifically to live and work on farms during peak seasons. A number of labour
providers became operators for the scheme and came to have an increasingly
important role by recruiting participants, allocating them to employers and
monitoring pay and conditions. 7
In 1949, for example, Minister of Labour George Isaacs told the House that
20,000 foreign agricultural workers had been recruited under “official
schemes” the previous year (not counting German former prisoners of war). 8
Comprehensive historical statistics are not available, but the MAC obtained
and published some comparatively recent data for its 2013 report. They show
that the annual quota rose from 5,000 in the mid-1990s, to 10,000 in the late
7
Migration Advisory Committee, Migrant seasonal workers, 1 May 2013, paras 3.6-3.8
8
HC Deb 24 March 1949 c586
1990s, and then rapidly to a peak of 25,000 in 2004. The quota figures do not
necessarily represent the actual uptake, though.
Detailed figures are available from 2004. That year, the main nationalities
taking up SAWS visas were Ukrainian, Bulgarian, Russian, Belarussian, Polish
and Romanian. 9
Also in 2004, Poland joined the European Union along with seven other
Central and Eastern European countries (the so-called ‘A8’). Citizens of those
countries, who accounted for one third of SAWS take-up, could now work in
the UK visa-free. In response, the government reduced the SAWS quota by a
similar proportion, from 25,000 to 16,250. 10
More broadly, the government decided to phase out the SAWS and similar
quota-based schemes, as the need for lower-skilled workers could be met by
migration from the expanding EU. 11 Bulgaria and Romania joined in 2007,
although the Labour Government opted to apply transitional restrictions to
Bulgarian and Romanian workers’ free movement rights. It also limited SAWS
eligibility to citizens of those two countries from the beginning of 2008. As the
immigration minister, Phil Woolas, told the House of Commons:
from 1 January 2008, the SAWS was restricted to nationals of Romania and
Bulgaria. In addition, the requirement to be in full-time education was lifted, to
open up the pool of available labour. That was of course a break with a
tradition going back to the 1940s. 12
Successful applicants received a work card permitting them to work in the UK,
for a specific employer, for a maximum of six months.
9
Migration Advisory Committee, Migrant seasonal workers, 1 May 2013, figure 3.2
10
As above, para 3.10
11
Home Office, Controlling our borders: Making migration work for Britain, Cm 6472, 7 February 2005,
p16
12
HC Deb 5 November 2008 c103WH
13
Migration Advisory Committee, Migrant seasonal workers, 1 May 2013, para 13
14
See Commons Library briefing SN/HA/06606, Ending of transitional restrictions for Bulgarian and
Romanian workers
rely entirely on EU workers to fill the relevant jobs, or to open the SAWS back
up to some non-EU citizens.
The MAC was asked to look at the impact of allowing the scheme to expire. In
its 2013 report, the committee concluded that closing the scheme was unlikely
to cause problems in the short term but that farms could face recruitment
problems over time:
We found little evidence that, following the closure of the current scheme at
the end of 2013, the current supply of seasonal workers from Bulgaria and
Romania and the A8 countries will decline in the short term. However, in the
medium term, farmers are likely to experience increasing difficulties sourcing
the required level of seasonal labour from the EU (including the UK) labour
market. A new source of seasonal labour is likely to be required, or the
horticulture sector will need to consider alternatives if increased labour costs
cannot be absorbed without impacting on its size […] to secure long-term
investments in horticulture, it would be helpful for farmers to know what the
Government will do post-2013 as soon as is practicable. 15
The government recognises that the SAWS has for many years provided an
efficient supply of labour for the horticultural sector. The Department for Work
and Pensions has been working with JobCentre Plus, LANTRA (the sector skills
council), the National Farmers’ Union and others, including growers and
horticultural recruitment firms, to help unemployed UK residents into
horticultural work through training and guaranteed interviews. A pilot scheme
to encourage unemployed UK residents to apply for, train and secure jobs on
arable farms has shown encouraging results with a high proportion of
participants going on to secure employment in the sector. We want to build on
this and other innovative approaches. The government… looks forward to
working with the sector to monitor and address the issues, and will keep the
situation under review. 16
The SAWS duly closed from the start of 2014. The government also ended a
similar scheme for the food processing sector, which had been in place since
2003 and was later restricted to Bulgarians and Romanians only. 17 Defra set
up a working group to monitor the supply of seasonal labour. 18
15
Migration Advisory Committee, Migrant seasonal workers, 1 May 2013, para 24
16
HC Deb 12 September 2013 c60WS
17
Migration Advisory Committee, Migrant seasonal workers, 1 May 2013, chapter 2
18
PQ 129968 [on Seasonal Agricultural Workers’ Scheme], 27 February 2018
Between 2014 and early 2019, there was no seasonal worker visa. EU free
movement was possible throughout this period. It would not ultimately end
until 31 December 2020. 19
With regard to seasonal labour, until we leave the EU, there are no changes to
labour movements. Defra is very aware that migrant workers from other EU
countries will be one of the complex issues that will have to be resolved as part
of our exit negotiation and future relationship with the EU. 21
The NFU renewed its call for a “global, seasonal agricultural workers scheme”
in December 2016. Describing the labour shortages as a “red alert”, NFU
deputy president Minette Batters warned that fruit and vegetable crops would
be “rotting in the fields” without action. 22
In a 2017 BBC survey, some fruit and salad growers said they might not have
enough migrant workers to harvest their crops. 78% of respondents said
recruitment had been more difficult than last year, with 20% saying it had
been the hardest for years. 23
19
Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, s1
20
National Farmers’ Union, NFU End of Season Labour Survey 2015 (PDF), 29 March 2016
21
PQ HL3098 [on Agriculture: Seasonal Workers], 8 November 2016
22
“NFU issues warning on potential labour shortage”, Farmers Weekly [online], 2 December 2016
23
“Fruit and veg farmers facing migrant labour shortages”, BBC News [online], 22 June 2017
24
Migration Watch UK, MW 393: The Seasonal Agricultural Workers Scheme, 18 October 2016
The Labour Party, however, called for “another SAWS”. Defra minister George
Eustice replied that the department had kept labour shortages “under
review” since SAWS closed and that the post-SAWS working group had
recently discussed “anecdotal reports that things are getting harder”. He
added “the Home Office intends to commission the Migration Advisory
Committee to do a major piece of work in this area”. 25
At the end of July 2017, the Home Secretary commissioned the MAC to report
on immigration from the EU and on “the role of migration in the wider
economy and society”. 26 The commissioning letter explicitly mentioned
seasonal work. The MAC worked on the commission for a year.
25
HC Deb 6 July 2017 cc211WH-216WH
26
Home Office, Commissioning letter to the Migration Advisory Committee, 27 July 2017
27
Department for Environment, Food & Rural Affairs, A Brighter Future for Farming, 20 February 2018
28
HC Deb 1 March 2018 c1044
29
Home Office, Defra and Office of the Secretary of State for Scotland press release, UK farmers given
support for seasonal labour with new pilot scheme, 6 September 2018
If there is a scheme for seasonal agricultural workers one has to be very clear
that it would give privileged access to migrant labour for one sector which is
generally low-wage and low-productivity. It is important that this scheme is
restricted to genuine seasonal agricultural workers and does not become used
by others.
There is also the risk that the sector would use a SAWS scheme to avoid the
need for higher productivity…
We think that the sector should pay something in return for this privileged
access to labour. We propose that employers are required to pay a higher
minimum wage in order to encourage increases in productivity… 30
Since its revival in 2019, the seasonal worker visa scheme has steadily
expanded.
The scheme began as the Seasonal Workers Pilot with 2,500 places for 2019.
Defra said “the Pilot did not aim to meet all labour shortages in the sector,
but to test an immigration route subcategory for seasonal workers”. Almost
all the places were taken up (2,481). 32
A review of the 2019 pilot concluded, among other things, that it had shown
itself able to contribute towards supporting growers during peak production
periods. Satisfaction rates amongst workers was relatively high and the
majority were paid on time and in full. But it also highlighted some welfare
issues and potential abuses (see section 4 below).
30
Migration Advisory Committee, EEA migration in the UK: final report, 18 September 2018, paras 7.56-
7.62
31
Home Office and Defra press release, Seasonal workers pilot opens, 6 March 2019
32
Home Office and Defra, Seasonal workers pilot review 2019, 24 December 2021
The scheme was expanded to 10,000 places for 2020. Defra said “the
expansion will support these farmers over this year’s busy summer harvest,
while allowing government to test the pilot further”. It emphasised that the
higher quota was still “not designed to meet the full labour needs of the
horticultural sector”, noting that EU citizens could still travel for seasonal
work under free movement laws. 33
At the end of 2020, the pilot was extended for another year, and the quota
further expanded to 30,000 places for 2021. The announcement mentioned
the particular needs of Scottish farmers; the need to encourage UK-based
workers to take on seasonal jobs; and a forthcoming Defra review of labour-
saving automation in horticulture. 34 EU free movement ended on 31 December
2020.
33
Home Office and Defra press release, 10,000 workers to boost British farming sector, 19 February
2020
34
Home Office, Defra and Office of the Secretary of State for Scotland press release, Up to 30,000
workers to help reap 2021 harvest, 22 December 2020
35
Environment, Food and Rural Affairs Committee, Labour shortages in the food and farming sector, 6
April 2022, HC 713 2021-22, table 1.
36
As above, para 28
37
Environment, Food and Rural Affairs Committee, Labour shortages in the food and farming sector:
Government Response to the Committee Fourth Report of Session 2021-22, HC 412 2022-23, 23 June
2022, p3
38
Department for Environment, Food & Rural Affairs, Seasonal worker visa route RFI notice, 27 June
2022
39
Madeleine Sumption and Mariña Fernández-Reino, Exploiting the Opportunity? Low-Skilled Work
Migration After Brexit, Migration Observatory at the University of Oxford, 30 August 2018, section 6
In December 2021, Defra and the Home Office announced that the scheme
would last until the end of 2024. The ‘pilot’ terminology was dropped, with the
scheme now referred to as the ‘Seasonal Worker visa route’. The quota for
2022 was at least 30,000 places, with the possibility of another 10,000. The
scheme was also opened to ornamental, as well as edible, horticulture (ie
growing flowers and trees, not just food).
But the announcement also warned that the number of visas “will begin to
taper down from 2023”. It added “more must be done to attract UK workers
through offering training, career options, wage increases and to invest in
increased automation technology”. 40
Instead, quotas have increased. First, the option to raise the 2022 quota by
10,000 places (to 40,000 in total) was triggered. 43 Of those, 2,000 were for
the poultry sector, making the revised horticultural worker quota 38,000
places for 2022.
In the event, Defra announced that there would be at least 45,000 places for
2023, and potentially 10,000 more “if necessary”. Farming minister Mark
Spencer said “while it is right that we offer long term support to increase the
40
Home Office and Defra press release, Industry given certainty around seasonal workers but told to
focus on domestic workforce, 24 December 2021
41
Environment, Food and Rural Affairs Committee, Oral evidence: Labour shortages in the food and
farming sector, HC 713, 14 December 2021, Q356
42
PQ HL946 [on Horticulture: Seasonal Workers], 14 June 2022
43
Department for Environment, Food & Rural Affairs, Government food strategy, 13 June 2022
44
Prime Minister’s Office, Prime Minister Boris Johnson's statement in Downing Street, 7 July 2022
45
“I’ll let more migrants in to pick fruit on farms, says Liz Truss”, The Telegraph [online], 31 July 2022
46
PQ 51839 [on Horticulture: Seasonal Workers], 20 September 2022
47
“Rishi Sunak heads for migration clash with Suella Braverman”, The Times [online], 27 October 2022
Traditionally, the quota for each calendar year was confirmed the preceding
December. But in May 2023, the government confirmed that there would
again be 45,000-55,000 places for 2024. 49 This was to give “further
certainty” to the sector, “enabling them to plan ahead for the picking
season”. 50
As discussed in section 3.5 below, the future of the scheme beyond 2024 has
not been confirmed at time of writing.
The table below shows the evolution of the Seasonal Worker scheme since
2019. It includes the temporary provision for HGV drivers, pork butchers and
poultry workers in late 2021, and the provision for poultry workers from 2022.
Source: Library analysis of Defra announcements, Immigration Rules and Home Office immigration
statistics quarterly.
48
Department for Environment, Food & Rural Affairs press release, Government provides boost to
horticulture industry with certainty over seasonal workers, 16 December 2022
49
Prime Minister’s Office and Department for Environment, Food & Rural Affairs, An update following
the UK Farm to Fork summit held at 10 Downing Street on 16 May 2023, 16 May 2023
50
Prime Minister’s Office and Department for Environment, Food & Rural Affairs press release,
Government backs British farmers with new package of support, 15 May 2023
Seasonal Worker visas are issued by the Home Office. The criteria are set out
in the Immigration Rules. They include some features not present in other
work visa categories, such as explicit duties on visa sponsors to look after
workers’ welfare and make sure they are paid properly.
In 2023 and 2024, the Seasonal Worker quota for horticulture is 45,000 visas
a year. This can be increased by another 10,000 a year if the government
deems it necessary. 51 Kent is by far the most common area of the country for
people to work in, followed by Herefordshire. 52
This chapter describes the rules for horticultural workers. The rules for poultry
workers are covered briefly at the end.
From the applicant’s perspective, there are few formal requirements involved
in getting a Seasonal Worker visa. The main stipulation is to have a job offer
from a company licensed to provide seasonal workers, known as a ‘scheme
operator’ (see below). No English language ability is required.
The scheme operator offering the job will issue the worker with a ‘certificate
of sponsorship’. This needs to confirm, among other information, that the
person will be paid at least £10.42 per hour (the National Living Wage) and
guaranteed at least 32 hours’ work per week. The person can then use the
certificate of sponsorship to apply for their visa.
The resulting visa lasts no more than six months in any 12-month period and
cannot be extended. 53 Workers cannot bring their families or claim benefits. 54
51
PQ 905133 [on Food: Supply Chains], 18 May 2023. A further 2,000 visas are available for the poultry
sector.
52
Independent Chief Inspector of Borders and Immigration, An inspection of the immigration system
as it relates to the agricultural sector May to August 2022, 19 December 2022, Annex B
53
Home Office, Immigration Rules Appendix Seasonal Worker, para SAW 7.1
54
As above, para SAW 7.2
There are restrictions on what kind of work is permitted for Seasonal Worker
visa holders.
First, Defra stipulates that seasonal workers must not be employed for work
that requires labour all year round, or that is done in an office. 55
• Crop maintenance
• Crop harvesting
• Crop husbandry
Third, the job must be in the “horticulture sector”. This is defined as those
growing:
• Vegetables in greenhouses
• Mushrooms
55
Department for Environment, Food & Rural Affairs, Seasonal worker visa route RFI notice, 27 June
2022. These restrictions are not in the Immigration Rules.
56
As above
Many relevant occupations are explicitly not eligible for Skilled Worker
sponsorship. These include tractor drivers, farm labourers, shepherds,
mushroom pickers and nursery workers. 58
This route is unlikely to be suitable for casual labour in any event. Sponsors
must have a Home Office licence to issue visa endorsements. Applicants must
have intermediate English language skills and satisfy minimum salary
requirements, normally £26,200. Jobs on the shortage occupation list can be
paid at a lower rate (but not less than £20,960). According to a May 2022
survey, 5% of food growers and manufacturers had recruited using the Skilled
Worker route. 59
Employers cannot sponsor people for Seasonal Worker visas directly. Instead,
a small number of ‘scheme operators’ are responsible for recruiting,
sponsoring and safeguarding the welfare of workers. Farms must source their
workers from the scheme operators.
57
Home Office, Immigration Rules Appendix Seasonal Worker, para SAW 4.1(f)
58
Home Office, Immigration Rules Appendix Skilled Occupations, table 5
59
Association of Labour Providers, Food Supply Chain Labour Survey Results (PDF), May 2022, p19
60
UK Visas and Immigration, Workers and Temporary Workers: guidance for sponsors – sponsor a
seasonal worker, version 04/2023, 12 April 2023, para SE 2.5
61
Department for Environment, Food & Rural Affairs, How to submit a response for the request for
information (RFI), 27 June 2022
• AGRI-HR
• Concordia
• Fruitful Jobs
• Pro-Force
There had been a seventh, AG Recruitment, but the Home Office revoked its
licence in early 2023 for “failing to meet the sponsor duties”. 62 Fruitful Jobs
also had its licence suspended and, reportedly, downgraded. 63
There are also two scheme operators for the 2,000 visas available for poultry
workers (Pro-Force and RE Recruitment).
Operators will lose their licence if they fail to meet immigration compliance
targets. In any 12-month period:
62
PQ 171512 [on Visas: Seasonal Workers], 22 March 2023. The Home Office refused to disclose the
nature of the breaches but the Guardian’s Emily Dugan reported that Indonesian workers
overstaying their visas after running up debts to brokers was the “primary reason”.
63
PQ 171513 [on Visas: Seasonal Workers], 22 March 2023; “Fruitful Jobs seasonal worker licence is
reinstated”, The Grocer [online], 11 May 2023
64
UK Visas and Immigration, Workers and Temporary Workers: guidance for sponsors – sponsor a
seasonal worker, version 04/2023, 12 April 2023, paras SE 3.4, 3.7-3.9
The table below shows the number of Seasonal Worker visas granted to each
nationality from 2019 onwards. Both the number of visas and the proportion
of visas granted to different nationalities has increased over time.
65
UK Visas and Immigration, Workers and Temporary Workers: guidance for sponsors – sponsor a
seasonal worker, version 04/2023, 12 April 2023, para SE 3.16
66
As above, para SE 3.12
The growth in seasonal worker visas reflects the quota increases from 2,500
visas in 2019 to 40,000 in 2022, including 2,000 visas for temporary migrants
to work in the UK poultry sector. 67 The quota for 2023 is 47,000 visas, of which
45,000 are for the horticultural sector and 2,000 for the poultry production
sector. 68
40
35
30
25
20
15 Quota
Visas
10 issued
0
2019 2020 2021 2022
Notes:
2021 includes 2,015 visas issued to poultry workers, pork butchers and HGV food drivers.
These additional visas are not divided by nationality, therefore have been included in the
2021 figures.
2022 includes up to 2,000 poultry workers.
Since the Seasonal Worker scheme restarted in 2019, the most important
country of recruitment has been Ukraine. The proportion has declined
significantly since the escalation of the Russian invasion, but Ukrainians have
received more visas than any other nationality in each year of the scheme,
with 91% of visas (2,300) in 2019, 87% (6,300) in 2020, 67% (20,000) in 2021
and 21% (7,300) in 2022.
67
Home Office, Why do people come to the UK? To work, 23 February 2023
68
UK Visas and Immigration, Workers and Temporary Workers: guidance for sponsors: sponsor a
seasonal worker, 12 April 2023
69
PQ 51765 [on Visas: Russia], 20 September 2022
Home Office also refused 45% of Seasonal Worker visa applications from
Russians decided in 2022 (up from 1% refused in 2021). 70
Many workers now come from central Asia. In 2022, the proportion of
Seasonal Worker visa holders from Kyrgyzstan was 13% (4,300), Uzbekistan
was 12% (4,200) and Tajikistan was 11% (3,900).
8% of all UK work visas issued in 2022 were in the Seasonal Worker category.
If dependants are excluded, Seasonal Worker visas accounted for 13%. 71
In April 2022, the Environment, Food and Rural Affairs Committee called on
the government to “make the scheme permanent; and commit to announcing
visa numbers in future on a rolling five-year basis”. 75
70
Home Office, immigration statistics, year ending March 2023, entry clearance visas detailed
datasets, table Vis_D02
71
As above
72
Home Office, Ukrainian nationals in the UK: visa support, 15 September 2022
73
Home Office, Statement of changes to the immigration rules, HC719, 18 October 2022
74
PQ 11700 [on Agriculture: Seasonal Workers], 1 June 2022
75
Environment, Food and Rural Affairs Committee, Labour shortages in the food and farming sector, 6
April 2022, HC 713 2021-22, p3
Defra said in response: “an evidence-based decision on the future of the visa
route will be made in 2024”. 76
An Independent Review into Labour Shortages in the Food Supply Chain is
underway and was due to report in spring 2023. The review’s chair, John
Shropshire, said in late March that the report “will be issued in a couple of
months”. 77 Defra has said the outcome of the review “will inform our thinking
on the Seasonal Workers scheme” beyond 2024. 78
while the failure to have some type of SAWS would be bad for the sector it is a
small, low-wage, low-productivity sector in the wider UK context so this should
not be seen as catastrophic for the economy as a whole. It may lead to
modestly higher prices for consumers for certain horticultural products. 79
Academics from the Universities of Oxford and Leeds add “relying on food
imports would not be a major change, as the UK already imports a
substantial share of its food and Britain has a globalised diet that reaches
well beyond the limited fruit and vegetables that can be produced on home
soil”. But they also say “one lesson learned from the Covid-19 pandemic is
that domestic food production is an essential component of the nation’s food
security”. 80
76
Environment, Food and Rural Affairs Committee, Labour shortages in the food and farming sector:
Government Response to the Committee Fourth Report of Session 2021-22, HC 412 2022-23, 23 June
2023, p8
77
House of Lords Horticulture Sector Committee, Corrected oral evidence: The horticultural sector, 23
March 2023, Q43
78
PQ 60195 [on Horticulture: Seasonal Workers], 10 October 2022
79
Migration Advisory Committee, EEA migration in the UK: final report, 18 September 2018, para 65
80
Roxana Barbulescu, Carlos Vargas-Silva and Bethany Robertson, Without freedom of movement
who will pick the fruit?, UK in a Changing Europe, 14 April 2021
81
Department for Environment, Food & Rural Affairs, Government food strategy, CP 698, 13 June 2022,
para 1.3.1
82
Home Office, Statement of changes to the immigration rules, HC719, 18 October 2022, pp43-45.
Poultry workers were also allowed to apply in late 2021, but this was envisaged as a one-off
measure.
83
National Farmers’ Union, Poultry seasonal worker visa labour providers confirmed, 14 September
2022
84
For example, University of Nottingham Rights Lab, Modern Slavery Act Reporting in the Agricultural
Sector (PDF), October 2019
85
Focus on Labour Exploitation, New report highlights risks of human trafficking on UK Seasonal
Workers Pilot, 15 March 2021
86
Independent Chief Inspector of Borders and Immigration, An inspection of the immigration system
as it relates to the agricultural sector May to August 2022, 19 December 2022, para 1.18
87
Migration Advisory Committee, MAC Annual Report, 13 December 2022, p16
88
Department for Business, Energy & Industrial Strategy, United Kingdom Labour Market Enforcement:
annual report 2019 to 2020, 9 June 2022, table 3
Recent issues
As seasonal worker numbers have increased, so have instances and
allegations of exploitation or poor working conditions. These include:
89
Home Office and Defra, Seasonal workers pilot review 2019, 24 December 2021. The government has
not published a review of the scheme in subsequent years but told the Independent Chief Inspector
of Borders and Immigration that it would carry one out by April 2023.
90
Independent Anti-Slavery Commissioner, IASC raises concerns over labour exploitation risk for
migrant agricultural workers, 25 January 2022
91
Focus on Labour Exploitation, FLEX’s response to the Government’s review of the first year of the
Seasonal Workers Pilot, 13 January 2022
92
Work Rights Centre, Weed out exploitation, 2 March 2022
93
Work Rights Centre, Seasonal Work after the War in Ukraine, 18 June 2022
94
The Bureau of Investigative Journalism, “‘They treat you like an animal’: How British farms run on
exploitation”, 27 March 2023; “Migrant workers are being ripped off by employers on farms”, 5 April
2023; “‘It’s almost the same as living on the streets: this is how people picking your vegetables have
to live”, 13 April 2023
“did not act promptly or seriously” on such concerns and there was
“no effective process in place for follow-up action”. 95
The Horticulture Committee had previously heard evidence that the main
common areas of exploitation were incorrect pay, illegal recruitment fees,
accommodation standards, inability to transfer employer and discrimination
based on nationality. 102 Experts also highlighted that some migrants who had
run up debt to come to the UK did not end up getting enough work to pay it
off. 103 The committee’s report is due by the end of November 2023.
95
Independent Chief Inspector of Borders and Immigration, An inspection of the immigration system
as it relates to the agricultural sector May to August 2022, 19 December 2022
96
“Revealed: Indonesian workers on UK farm ‘at risk of debt bondage’”, The Guardian [online], 5 April
2022. See also “Migrant fruit pickers charged thousands in illegal fees to work on UK farms”, The
Bureau of Investigate Journalism [online], 27 May 2022
97
PQ 171512 [on Visas: Seasonal Workers], 22 March 2023
98
Home Office, Immigration statistics, year ending March 2023, entry clearance visas detailed
datasets, table Vis_D02 (showing that no Seasonal Worker visas were issued to Indonesian citizens
in Q4 2022 or Q1 2023).
99
Gangmasters & Labour Abuse Authority, Nepalese recruitment agency loses GLAA licence, 13 March
2023
100
“UK farmers stop recruiting Nepalese workers after exploitation warning”, Financial Times [online],
27 January 2023. No Seasonal Worker visas were issued to Nepalese citizens in Q1 2023.
101
Horticulture Sector Committee, Oral evidence, 22 June 2023 (transcript not available at time of
writing)
102
Horticulture Sector Committee, Corrected oral evidence: The horticulture sector, 11 May 2023, Q107
103
As above, Q102, Q105
104
Migration Advisory Committee, Letter to Immigration Minister on Seasonal Worker visa inquiry, 24
March 2023
• Proactive inspections;
The government recognises that Seasonal Worker visa holders “may be more
vulnerable and open to exploitation than other workers” and says it takes the
issue of migrant welfare “very seriously”. 106
The Government keeps these protections under close and ongoing review. A
new team within the Home Office compliance network focuses on ensuring
sponsors are abiding by workers’ rights by improving training and processes
for compliance inspectors and creating clear policies and guidance for robust
action for scheme operators where workers are at risk of exploitation. Should
any of the selected operators fall short in these duties action will be taken, up
to and including the revocation of their sponsor licence. 107
One of the seven scheme operators had their licence revoked in 2023, while a
second operator was suspended. 108
In addition to the Home Office sponsor licence, scheme operators must have a
licence from the Gangmasters and Labour Abuse Authority (GLAA). 109
Gangmasters are people who provide workers for farms and certain other
105
Madeleine Sumption and Mariña Fernández-Reino, Exploiting the Opportunity? Low-Skilled Work
Migration After Brexit, Migration Observatory at the University of Oxford, 30 August 2018, section 7.2
106
PQ 11700 [on Agriculture: Seasonal Workers], 1 June 2022
107
PQ 183940 [on Agriculture: Migrant Workers], 5 May 2023
108
PQ 171513 [on Visas: Seasonal Workers], 22 March 2023
109
Home Office, Immigration Rules Appendix Seasonal Worker, para SAW 4.2(c)
There are almost 1,100 licenced gangmasters. 113 The GLAA carried out 94
compliance inspections in 2019-20, 83 in 2020-21 and 61 in 2021-22. 114 Its
business plan calls for an increase. 115
Home Office funding for the GLAA in 2022-23 was £6.6 million. 116 This covers
both its work in the agricultural sector as well as prevention of labour abuse
across the wider economy (for example car washes and the garment
industry). Critics say this is less than the Home Office stationary budget. 117 The
GLAA says financial constraints are a “significant challenge on our ability to
deliver against our strategic plan”. 118
110
Gangmasters (Licensing) Act 2004, ss3-4
111
As above, ss6, 12, 13
112
Gangmasters and Labour Abuse Authority, Licensing Standards (PDF), January 2020
113
Gangmasters and Labour Abuse Authority, Annual Report and Accounts 2021-22, 12 December 2022,
p9
114
As above, p18; Annual Report and Accounts 2020-21, p39
115
Gangmasters and Labour Abuse Authority, Business Plan 2022/23 (PDF), undated, p19
116
PQ 11838 [on Seasonal Workers: Visas], 1 June 2022
117
“Watchdog disputes Braverman’s claim modern slavery laws being ‘gamed’”, The Guardian [online],
9 October 2022
118
Gangmasters and Labour Abuse Authority, Business Plan 2022/23 (PDF), undated, p13
119
Gangmasters and Labour Abuse Authority, GLAA Brief 79 - How licensing applies to businesses
outside of the UK, July 2022
But the GLAA says it is not the “lead agency” on the rights of seasonal
workers. 121 Nor does it routinely inspect farms employing people on Seasonal
Worker visas. 122 It regulates labour providers, not employers. 123
The Home Office does carry out on-the-ground inspections. There were 25
such compliance visits between June 2021 and February 2022, interviewing
900 workers. 124 It aims to cover 5% of the workforce. 125
With effect from 12 April 2023, the department introduced a new requirement
that seasonal workers be guaranteed at least 32 hours’ paid employment per
week. 126
120
Gangmasters and Labour Abuse Authority press release, GLAA signs landmark agreements with
Kyrgyzstan and Uzbekistan, 30 May 2023. The Bureau of Investigative Journalism says that the GLAA
has refused to publish the text of the agreement.
121
“Revealed: Indonesian workers on UK farm ‘at risk of debt bondage’”, The Guardian [online], 14
August 2022
122
PQ 51713 [on Gangmasters and Labour Abuse Authority: Inspections], 20 September 2022
123
PQ 59819 [on Gangmasters: Licensing], 10 October 2022
124
Independent Chief Inspector of Borders and Immigration, An inspection of the immigration system
as it relates to the agricultural sector May to August 2022, 19 December 2022, para 8.10
125
As above, para 8.31
126
Home Office, Statement of changes to the Immigration Rules, HC 1160, 9 March 2023, para APP
SAW2; PQ 174225 [on Agriculture: Seasonal Workers], 27 March 2023
127
Independent Chief Inspector of Borders and Immigration, An inspection of the immigration system
as it relates to the agricultural sector May to August 2022, 19 December 2022, para 9.10
128
As above, p8
129
Home Office, A response to an inspection of the immigration system as it relates to the agricultural
sector, 19 December 2022
130
Gangmasters and Labour Abuse Authority, Sector-wide collaboration to improve workers’
experience on Seasonal Workers’ Scheme, 7 June 2022. Other apps are available.
131
“UK supermarkets to fund audits on farms to prevent worker exploitation”, Financial Times [online],
10 March 2023; “New taskforce to protect seasonal worker welfare”, Fresh Produce Journal [online],
17 March 2023
Over the last few years, farming organisations have reported labour
shortages and requested that more Seasonal Worker visas be made available
to fill them. Reliance on the visa scheme “will continue to increase” for the
foreseeable future, according to the NFU’s horticulture growth strategy. 132
The National Farmers’ Union (NFU) reported that 24% of the UK daffodil crop
was left unpicked at the start of 2021 “due to a staggering 33% shortage in
seasonal workers”, while Lea Valley Growers’ Association noted that “10% of
cucumber growing members didn’t plant a third crop” in July 2021 due to a
lack of workers. Riviera Produce Ltd reported that it “left over £500,000 of
produce to rot in the fields” due to a lack of staff, and Boxford Suffolk Farms
Ltd said it “had to waste approximately 44 tonnes of fruit this year” due to
labour shortages. 133
132
National Farmers’ Union, UK horticulture growth strategy (PDF), March 2023, p3
133
Environment, Food and Rural Affairs Committee, Labour shortages in the food and farming sector, 6
April 2022, HC 713 2021-22, para 5
134
Association of Labour Providers, Food Supply Chain Labour Survey Results (PDF), May 2022, pp3-4
135
National Farmers’ Union, 45,000 visas in 2023 goes some way to addressing labour shortages, 16
December 2022; UK horticulture growth strategy (PDF), March 2023, p3
136
National Farmers’ Union, Millions of pounds of fruit and veg wasted due to workforce shortages, 15
August 2022
Industry groups, including the NFU, have called for the Seasonal Worker
scheme to be guaranteed five years ahead and for visas to last nine months. 137
NFU Scotland agrees, and also wants the UK Government to consider the
Scottish Government’s proposal for a Rural Visa Pilot Programme. 138
Crop harvesting and processing could be made less labour intensive, helping
to reduce the need for migrant labour. Hiring more domestic workers is also
frequently canvassed as an alternative to foreign workers.
Automation
The government has consistently said that farmers should use technology to
reduce the demand for labour. 141 The Home Secretary, Suella Braverman, said
in October 2022, “if we're going to help them with migration we have to make
it incumbent on farming to innovate, industrialise and use technology to
reduce their reliance on cheap foreign workers”. 142
As a result, the review noted “the need for a secure source of labour in the
period before mass-adoption of automation technology is feasible”. It
recommended that the Seasonal Worker scheme be kept in place beyond
2024 to bridge the gap.
137
House of Lords Horticulture Sector Committee, British Berry Growers – written evidence (HSI0054), 8
April 2023, para 16; National Farmers’ Union, UK horticulture growth strategy (PDF), March 2023, p3
138
Environment, Food and Rural Affairs Committee, Written evidence submitted by NFU Scotland
(FS0050), September 2022
139
PQ 60195 [on Horticulture: Seasonal Workers], 10 October 2022
140
Environment, Food and Rural Affairs Committee, Labour shortages in the food and farming sector, 6
April 2022, HC 713 2021-22, para 75
141
For example, PQ 25878 [on Agriculture: Seasonal Workers], 27 June 2022
142
The Telegraph / YouTube, In full: Chopper's Politics with Suella Braverman | Conservative Party
conference, 4 October 2022 (31 minutes 18 seconds)
Domestic workers
The government has also said consistently that the industry should hire more
people who already live in the UK. 143 Home Secretary Suella Braverman said in
October 2022, “I don't buy this line that… British people don't want to work
[o]n farms. I'm not persuaded by that”. 144
Migration Watch argues the suggestion that British citizens will not do
seasonal agricultural work is “offensive and inaccurate”. It has recommended
“changes to the welfare system to both make it more flexible for those going
into temporary roles and to increase the incentives to work for those able-
bodied people currently on government assistance”. 145
Industry groups say the reality is that such jobs are unattractive to domestic
workers. For example, the British Growers Association says the government is
“fundamentally wrong” if it thinks British workers can make up for labour
shortages. Its chief executive, Jack Ward, told Farmers Weekly:
In 2020, the government and industry bodies ran a “Pick for Britain”
campaign aimed at encouraging domestic workers into seasonal jobs. The
website was a platform for companies which were recruiting and did not sign
143
Home Office and Defra press release, Industry given certainty around seasonal workers but told to
focus on domestic workforce, 24 December 2021
144
The Telegraph / YouTube, In full: Chopper's Politics with Suella Braverman | Conservative Party
conference, 4 October 2022 (31 minutes 46 seconds). See also “Train fruit pickers and lorry drivers to
cut migration, says Suella Braverman”, BBC News [online], 15 May 2023
145
Migration Watch, Is it true that Britons will not do seasonal agricultural work?, 9 April 2020
146
“UK horticulture careers towards seasonal labour crisis”, Farmers Weekly [online], 3 October 2022
But this was not sustained. The NFU survey showed the share of British
workers falling to 1% of the total in June, July and August 2020. British Berry
Growers reported “UK residents made up about 8% of the workforce during
the first Covid lockdown, but this promptly fell to about 0.5% as soon as all
the other sectors reopened”, according to Farmers Weekly. 149
The review will examine the issues touched upon in this section: migrant
workers, domestic workers and automation. As the name suggests, its scope
is not limited to horticulture but other aspects of farming, as well as fishing,
primary food processing and food/non-alcoholic drink manufacturing. 151
Defra has appointed John Shropshire OBE to chair the review, supported by a
six-person expert panel. It was originally due to report in spring 2023. 152 The
government has said that its response to the review will set out longer-term
policies for access to migrant labour, alongside action to reduce the sector’s
reliance on it. 153
147
PQ 439 [on Agriculture: Seasonal Workers], 11 May 2021
148
Environment, Food and Rural Affairs Committee, The UK’s new immigration policy and the food
supply chain, HC 231 2019-21, 22 December 2020, para 57
149
“UK horticulture careers towards seasonal labour crisis”, Farmers Weekly [online], 3 October 2022
150
Environment, Food and Rural Affairs Committee, The UK’s new immigration policy and the food
supply chain, HC 231 2019-21, 22 December 2020, para 61
151
Department for Environment, Food & Rural Affairs press release, Defra updates on Independent
Review into Labour Shortages in the Food Supply Chain, 3 August 2022
152
PQ 60195 [on Horticulture: Seasonal Workers], 10 October 2022
153
Prime Minister’s Office and Department for Environment, Food & Rural Affairs, An update following
the UK Farm to Fork summit held at 10 Downing Street on 16 May 2023, 16 May 2023
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