Immigration law: Scotland and UK wide

Immigration and nationality are reserved matters controlled entirely by the UK Parliament and the UK Home Office, so the same immigration rules apply across England, Scotland, Wales, and Northern Ireland.

This creates a single national framework – currently a points-based system – designed for consistency in border control, economic migration, and visa rules, such as salary thresholds.

Why immigration law is the same across the UK

Under the Scotland Act 1998, immigration, asylum, and nationality are explicitly listed as reserved powers, meaning only the UK Parliament can legislate on them. This means:

• UK visa rules apply equally across Scotland and the rest of the UK.
• Work, study, family, and visitor visa rules are uniform nationwide.
• The Home Office is the immigration authority for all UK nations.

While the legal framework is identical, there are some regional nuances, mainly due to Scotland’s demographic and economic priorities.

Immigration Salary List

The UK points‑based system incorporates the Immigration Salary List, which replaced the Shortage Occupation List in April 2024. The list identifies specific shortage roles eligible for a reduced salary threshold for Skilled Worker visas. The general threshold for ISL roles is 80% of the route’s usual minimum rate to qualify for a Skilled Worker visa, though specific jobs must still meet specific ‘going rates’ for the relevant Standard Occupational Classification (SOC) code.

The ISL facilitates easier visa sponsorship for occupations vital to Scotland’s economic needs, especially social care. This can reduce the friction of hiring international workers for hard to fill roles.

There are some roles on ISL where Scotland has unique eligibility, meaning these occupations receive salary threshold discounts in Scotland only. This can make employer sponsorship easier for certain jobs in Scotland compared with other UK countries. These are currently:

• SOC Code 1212 – Managers and proprietors in forestry, fishing and related services – only “fishing boat masters”
• SOC Code 2111 – Chemical scientists – only jobs in the nuclear industry
• SOC Code 5235 – Boat and ship builders and repairers – all jobs

This does not change immigration law, but it affects how the UK‑wide system is applied regionally.

Temporary Shortage List

The Temporary Shortage List (TSL) is another immigration mechanism, introduced July 2025, that allows employers to sponsor migrant workers for specific, medium-skilled roles (RQF Levels 3-5) that are below the standard degree-level threshold, helping address critical labour shortages.

It enables hiring for roles like technicians and construction trades, with the aim of promoting domestic training meanwhile. These roles are critical because labour shortages are often in mid‑skill sectors such as rural industries, and technical roles.

TSL entries allow employers to continue sponsoring roles that would otherwise be disallowed due to raised skill level requirements.

Future uncertainty

The ISL and the TSL are scheduled to expire on 31 December 2026. These lists serve as interim measures for specific skilled worker roles, and the Migration Advisory Committee is reviewing which occupations will remain post-2026. There is also the possibility that the Home Office may remove roles earlier.

Some care roles remain protected through extended ISL/TSL transitional arrangements. For example, Care Workers will remain on the ISL until at least 22 July 2028, despite most RQF‑3 roles being removed from sponsorship. This is significant for Scotland, given its well‑documented workforce shortages in the care sector.

Effect on Scottish employers

Although UK immigration law is uniform across the country, Scotland’s economic needs, demographics, and labour‑market profile shape how Scottish employers experience and use the points‑based system.

Scotland is debatably more dependent on inward migration than the rest of the UK for population and workforce growth. The Scottish Government and independent advisors have long argued this point.

Sectors such as health and social care, hospitality, and rural industries feel labour shortages more sharply. As a result, Scottish employers often need to sponsor more workers relative to counterparts elsewhere in the UK simply to maintain workforce levels.

Scotland’s demographic challenges mean population growth is weaker without migration. This leads to some practical consequences for employers:

• The talent pool is smaller, especially in rural and ageing communities.
• Employers rely more on the Skilled Worker route to fill permanent roles.
• Visa processing requirements, sponsorship compliance, and salary thresholds directly affect business continuity for many Scottish firms.

For Scottish employers, the system may feel more restrictive compared with England because Scotland’s industries often include lower-wage or rural roles that fail to meet UK‑wide salary thresholds. It has also been stated that Scotland’s needs for seasonal, agricultural, and social‑care workers are not fully aligned with UK‑wide immigration priorities.

Upon expiry of ISL and the TSL in December, Scotland will face much tighter immigration constraints, unless replacement mechanisms are introduced.

Summary

Immigration policy is set by the UK Government and applies uniformly across the country. As immigration is treated as a matter of national security and sovereignty, the Home Office develops and maintains a single, UK‑wide system of rules.

However, devolved administrations operate in distinct demographic and economic contexts. As a result, changes to the Immigration Rules may have a disproportionately greater impact on employers in Scotland and other devolved nations, given their specific economic needs and population profiles.

How can we help you?

If your organisation is navigating the complexities of UK immigration, whether it’s navigating global mobility, securing a sponsor licence, managing compliance duties, or supporting skilled hires, our specialist team is here to help.

We have experience of working with employers across the UK and provide clear, practical guidance tailored to your business needs, ensuring you stay compliant while attracting and retaining the talent essential to your growth. To get the support you need, book your consultation with our immigration experts today.