Whitehall has issued its response to the Migration Advisory Committee’s Review of the Seasonal Worker visa. Published on 29 January 2026 and updated on 12 February 2026, the document outlines measures on scheme certainty, visa flexibility, worker protections and charging practices, including pilots of the Employer Pays Principle. (gov.uk)
On 25 February 2025, the government announced a five‑year continuation of the Seasonal Worker route at the NFU conference, giving farms a planning horizon to 2029. The response reiterates that commitment and links the approach to greater automation and a reduced reliance on large volumes of overseas seasonal labour. Ministers also confirm that quotas will continue to be reviewed annually. (gov.uk)
The MAC recommended five years’ notice of any closure. Ministers have instead set a two‑year notice period for a planned closure, while reserving the power to close the route immediately in extreme circumstances such as risks to immigration control or national security. (gov.uk)
Flexibility on visa timing has been tightened and clarified. Home Office caseworker guidance effective 11 November 2025 now caps time on the route at six months’ work in any rolling ten‑month period. Sponsor guidance updated on 18 December 2025 for horticulture further confirms a four‑month break in the UK before the certificate of sponsorship start date. Together, these updates give effect to the government’s stated intention to reduce the cooling‑off period from six to four months. (gov.uk)
The government rejected the MAC’s proposal to allow any six‑month period within a calendar year. Officials argued this would complicate right‑to‑work checks for employers and workers and increase administrative burdens for sponsors and government. (gov.uk)
On pay and conditions, ministers favour exploring the Employer Pays Principle rather than mandating a blanket guarantee of two months’ earnings. The response cautions that transferring recruitment and related costs to employers could add materially to supply‑chain costs and may influence food prices; industry is therefore asked to test funding models. A feasibility study has completed and two scheme operators are running small‑scale EPP pilots during 2026. (gov.uk)
Tax and pensions remain unchanged. HMRC revised the P85 process in 2024 to streamline refunds for those leaving the UK, and ministers again rejected excluding seasonal workers from automatic enrolment, citing the policy intent of universal coverage and the risk of complexity from differential treatment. (gov.uk)
Enforcement will be strengthened through the new Fair Work Agency, which will consolidate labour market enforcement and is scheduled to be operational from 7 April 2026 under chair Matthew Taylor. In parallel, UK Visas and Immigration has begun bi‑monthly meetings with all scheme sponsors to monitor compliance and address concerns. (business.gov.uk)
For growers, the shorter break and rolling ten‑month rule support earlier returns by experienced staff between spring and late‑summer tasks, improving alignment with daffodil, asparagus and soft‑fruit peaks. Sector bodies, including the NFU, have indicated the change should ease pinch‑points created by the previous six‑month gap. (gov.uk)
For scheme operators and retailers, any move toward Employer Pays will require clear contract terms and supply‑chain due diligence. The government’s response explicitly asks industry to assess how recruitment and onboarding costs are shared to avoid unintended market effects, including potential upward pressure on food prices. (gov.uk)
Key implementation dates for planning are now set: 25 February 2025 for the five‑year extension announcement; 11 November 2025 for the caseworker guidance introducing the rolling ten‑month cap; 18 December 2025 for sponsor guidance confirming the four‑month break in horticulture; and 7 April 2026 for the Fair Work Agency go‑live. Annual visa quotas continue to be reviewed year by year. (gov.uk)