"This Government plans, following independence, a points-based immigration system ......The system will enable us to meet the needs of Scottish society with greater flexibility."1

It would be different from Westminster's "aggressive approach"1a to immigration

Immigration policy in an independent Scotland would undoubtedly be different to the current UK policy. The White Paper states that the UK's immigration policy is strongly focused on the requirements of London and the South-East and does not operate to serve the needs of Scotland. Population growth in Scotland has been at a much lower rate than the rest of the UK, meaning that the UK Government's attitude to caps on immigration have not benefitted the Scottish economy.

The attitude to immigration would be far more liberal than current UK policy. Although the system would still be a points-based approach akin to the current UK system, the criteria for point-scoring has the potential to be very different. For example, the current UK maintenance thresholds would be lowered to fall more in line with Scottish requirements.

"Nor will we seek membership of the Schengen area. Instead, an independent Scotland will remain part of the Common Travel Area (CTA) with the rest of the UK, Ireland, the Isle of Man and the Channel Islands."2

EU membership and the associated requirements that it brings will be one, if not the, most significant topic throughout the independence debate. The majority of EU states are party to the Schengen Agreement which provides for the free movement of EU nationals throughout the Schengen Area. without the need for any formal border checks or passport controls. However, the UK and Ireland opted out of the Schengen area and still retain the right to carry out passport checks on EU nationals who enter their respective countries.

The UK, Ireland, the Isle of Man and the Channel Islands are, however, party to their own travel union known as the Common Travel Area. This allows the free movement of persons throughout this area without any passport checks or border patrols. The Scottish Government wants to be part of the Common Travel Area and not the Schengen Area. However, it has been suggested that the EU will make joining Schengen a pre-condition of an independent Scotland's EU membership. This would be wholly incompatible with membership of the Common Travel Area and could necessitate some form of formal border patrols between Scotland and England, who would retain the right to carry out formal passport checks on individuals moving from Scotland (if in Schengen) into England (non-Schengen). The debate as to which agreement will apply to an independent Scotland is only likely to receive some true clarity if and when the EU sets down membership conditions for an independent Scotland. This has major practical implications for, amongst others, business travellers, commuting between Scotland and other parts of the Common Travel Area.

Scotland will operate its own visa system. The White Paper makes it clear that anyone who is subject to immigration controls and denied permission to stay in the rest of the UK will have to apply for a visa to enter Scotland. Their application would be assessed under Scottish immigration rules with its own Scottish Borders Agency

"A particular issue for Scotland is the post-study work visa. There are over 30,000 international students from more than 150 countries in Scotland..... This Government plans to reintroduce the post-study work visa. This will encourage more talented people from around the world to further their education in Scotland, providing income for Scotland's education institutions and contributing to the local economy and community diversity."3

The UK Government abolished the post-study work visa in April 2012, which permitted graduates to work in the UK for 24 months following the conclusion of their studies. The Scottish Government views the removal of this visa as being detrimental to Scotland's economy. Over 11 per cent of all students studying in Scotland are drawn from elsewhere in the EU and about 10 per cent are from the rest of the world. Five of the top two hundred universities are in Scotland. According to the White Paper, reinstatement of the post-study work visa would encourage more individuals to further their education in Scotland, thus generating income for Scottish education institutions and the wider Scottish economy as a whole.

Footnote

1 Taken from page 36 of the White Paper: Immigration

1a Taken from page 218 of the White Paper: Immigration

2 Taken from page 34 of the White paper: European Union

3 Taken from page 220 of the White Paper: Immigration – The choices open to us

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.