WE believe the Smith Commission presents a significant opportunity to introduce limited variations on the overall UK migration policy that would enable Scotland to craft its own policy on the issue of high-skill migration that better reflects the need of Scotland's economy and demography and Scottish public opinion.

There has been widespread and continuous support throughout Scotland for an immigration policy which serves Scotland's demo­graphic and economic need. This view is shared by organisations representing Scotland's education, business and science communities.

We ask the Smith Commission for constitutional recognition of and action to address the fact that Scotland's demographic and economic needs are different to those in the rest of the United Kingdom on the issue of immigration. A success­f­ul devolution settlement will be one which allows policy to flex in a way which reflects different economic and demographic circumstances in different parts of the UK but within a successful Union. It is possible to do this in a way that is highly specific to Scotland and therefore need not affect immigration policy within the rest of the UK.

We call upon those involved directly in the Smith Commission, Scotland's political parties and all members of the Scottish Parliament to support the partial devolution of immigration as an additional power for Scotland.

This would enable the Scottish Parliament to re-introduce a two-year post-study work entitlement for international students graduating from Scottish higher education institutions. We would like to see this as a recommendation in the Heads of Agreement that are to be reached by November 30.

Scotland faces distinct demographic challenges which some control over high-talent migration could help to address.

The relatively greater economic and fiscal challenges for Scotland compared to the rest of the UK of an ageing population were highlighted by the UK Government, Better Together parties and the Scottish Government during the referendum debate. This is a very significant challenge for the availability of skilled people and levels of entre­­preneurship.

Learning in a diverse and multicultural university environment, amongst a large and vibrant community of international students, has the potential to give Scottish-domiciled students and graduates a richer educational experience. It allows for the exchange of different perspectives, values, experiences and beliefs which can contribute to the development of a global outlook. Seventy-three per cent of undergraduate students in Scotland thought they had an international outlook in a British Council survey.

A recent survey by the Oxford University Migration Observatory found that 60 per cent of people in Scotland believe that the Scottish Government was best placed to make decisions about immigration policy in Scotland.

The same poll confirms differences in attitudes to immigration between Scotland and England, with Scots were less likely to want a reduction in immigration for students and high-skilled workers.

Every political party in Holyrood has previously expressed its support for change to the UK Government's policy on immigration to allow the higher education sector to make a more competitive offer for international students

The Scottish National Party, Scottish Greens and Scottish Liberal Democrats have included this in their written submissions to the Smith Commission.

The case for Scotland to set its own policy in this area is overwhelming.

Alastair Sim, Universities Scotland,

and on behalf of:

Institute of Directors Scotland, NUS Scotland, Scottish Council for Development and Industry, Scottish Chambers of Commerce, ScotlandIS, Scottish Renewables, UCU Scotland, Unison, c/o Holyrood Park House, 106 Holyrood Road, Edinburgh.

I NOTE with interest your report on Labour's plans to change the current immigration regulations it they win the next General Election ("Labour planning to restrict benefits for EU immigrants", The Herald, November 19).

The proposal to limit entitlement to benefits to those who have been in the UK for two years is potentially unlawful under EU law and may constitute discrimination.

EU law allows the UK to impose a three-month restriction on EU nationals claiming benefits but to impose a longer restriction would require the agreement of other European countries.

If the UK unilaterally imposed a longer time limit this would be unlawful and the EU Commission would likely take enforcement action.

The proposals are also potentially discriminatory, as a UK national who has been living abroad can be eligible for benefits as soon as they return to the UK.

Unless a similar two-year restriction was imposed in these cases it could be argued that any restriction on EU nationals was discrimination on the grounds of nationality.

Stuart McWilliams,

Associate, Morton Fraser LLP,

145 St Vincent Street,

Glasgow.