For decades, UK farmers have depended on the hard graft of seasonal workers from abroad. These workers are vital for carrying out tasks that can't be easily mechanised – such as picking soft fruit.

Historically, these workers have mostly come from Europe. So when Brexit ended free movement from Europe to the UK, people were understandably concerned. Could UK farms cope without this seasonal surge of migrant staff?

The government responded by launching a Seasonal Worker visa scheme, following on from similar schemes that were first launched in the 1940s. The new scheme was announced in 2018 and launched as a pilot in March 2019.

But where does that leave us today? And what does the future hold for farmers who rely on migrant labour?

Let's find out.

Background

A significant proportion of the UK's agricultural workforce is made up of "seasonal, casual or gang labour". In 2021, more than five per cent of England's farm workers – or around 38,900 people – fit into this category.

Since at least the 1940s, farms have relied on these workers during harvest time. So schemes were launched to protect the rights of these workers and the farmers that employ them.

Before the new scheme was launched, the most recent incarnation was the Seasonal Agricultural Workers Scheme (SAWS), which existed in various forms between 1945 and 2014.

From 2008, the SAWS was restricted to workers from Romania and Bulgaria. Then, in 2014, it was scrapped entirely. The government believed that EU workers – who enjoyed visa-free entry to the UK – could meet the needs of the agricultural sector going forward.

The Migration Advisory Committee (MAC) wrote at the time: "A replacement SAWS would mean that horticulture is treated as a favoured sector. It gets preferential access to reliable, tied (in the sense of living on the farm and with restricted access to employment in other sectors) and relatively cheap labour."

Then, in 2016, Brexit happened. The country changed course, taking the agricultural sector with it.

And MAC, understandably, changed its mind. In its 2018 EEA migration report, it wrote: "If there is no [replacement for SAWS] it is likely that there would be a contraction and even closure of many businesses in the parts of agriculture in the short-run, as they are currently very dependent on this labour."

The 2019 pilot

In 2018, the government announced its Seasonal Workers Pilot, which launched in March 2019 and ran until 2020.

Two labour providers were involved in the pilot. They were allowed to employ 2,500 migrant workers in 2019 and 10,000 in 2020, under strict immigration and welfare rules. This quota of 12,500 workers was shared between the two providers.

The pilot was, broadly speaking, a success. As the government reported, "the Pilot was not designed to meet the full labour needs of the edible horticulture industry. It was instead designed to test the effectiveness of the UK immigration system at supporting growers during peak production periods, and it has shown it can contribute towards that."

Additionally, 68% of workers involved in the Pilot said they'd like to return to work on UK farms in future – and 78% said they'd recommend the UK as a place to work.

On the negative side, the government's Pilot review raised concerns about welfare issues and found that the reliance on foreign labour discouraged UK residents from taking up seasonal roles on farms. 

The Pilot was subsequently extended into 2020 and 2021. Then, in December 2021, the Johnson government extended the scheme to 2024, dropping the word "Pilot" and promising at least 30,000 migrant worker visas for 2022.

What does the current scheme allow?

Under the current scheme, migrant visas can be granted for up to six months in any 12-month period.

Farmers aren't allowed to employ workers directly. They must go through one of four designated scheme operators.

For a job offer to be valid, the scheme operator must present a "certificate of sponsorship", which confirms that wage and working time regulations will be met. The minimum wage under the scheme is currently £10.10 per hour.

There are a few more stipulations for workers, employers and operators who want to participate in the scheme:

• Workers aren't allowed to bring their families or claim benefits.
• They can't be employed in office roles or any other job that requires year-round labour.
• They must be employed in the agricultural sector.
• They must be employed in one of nine defined roles. These roles include crop harvesting, irrigation maintenance and tunnel construction. The full list is available in the government's 2022 research briefing on the scheme.
• Scheme operators must meet minimum immigration compliance targets or lose their licence.

What does the future hold for the scheme?

In December 2022, the government announced that 45,000 visas would be made available for agricultural employers in 2023. This quota can be expanded by 10,000 visas if necessary.

2022's original quota of 30,000 was extended to 38,000. So this year's quota represents an uplift of at least 7,000 workers.

Many farmers will no doubt welcome this announcement. While the performance of the agriculture sector has remained steady since 2009, foreign workers nonetheless act as an annual lifeline for labour-strapped farms.

The future, however, is hazy. At the time of writing, there's no word on whether the scheme will be extended beyond the end of 2024.

And government policy is not in its favour. While the government is committed to "broadly [maintaining] the current level of food we produce domestically", it also wants to reduce reliance on foreign workers. Instead, it recommends that farmers gradually replace overseas workers with domestic labour and automation.

According to industry figures, however, this ideal may be a long way off. Nick Marston, chairperson of British Berry Growers, noted that automated berry pickers are being developed but won't be ready for around five years – adding that it might take 10 years for farms to adopt and integrate the technology.

All we know for now is this: in spring 2023, the government will launch a review into labour shortages in the food supply chain. The future of the Seasonal Workers visa scheme is dependent on the findings of this review.

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