Immigration

Note: this section is being updated for recent developments.

The Labour Party Manifesto promised to reduce net migration by reforming the points-based immigration system “with appropriate restrictions on visas and by linking immigration and skills policy.” On 12 May 2025, the Government published a White Paper, ‘Restoring Control over the Immigration System’, which included broad changes for immigration policy across work, study, settlement, citizenship and human rights to be implemented in the current Parliament 9by mid-2029). The following proposals have accompanied the White Paper and have been implemented since, or are expected in the near future:

• Minimum skill level – The Government raised the minimum skill level for Skilled Workers from RQF level 3 (high-school leaver or above) to RQF level 6 (degree-level or above) with effect from 22 July 2025. This does not affect those already on the Skilled Worker route in roles with skills levels below RQF level 6, who are free to extend, change employers in the same role, and qualify for settlement.
• Temporary shortage list – for some roles on the Skilled Worker route after 22 July 2025 with jobs that are between RQF 3 and 5 where there are critical shortages, a Temporary Shortage List (‘TSL‘) has been created to allow sponsorship, though anyone sponsored on this list cannot bring family dependants. The old Immigration Salary List with its 20% discount on the general minimum salary threshold for sponsoring skilled workers will be phased out, but for now it has more roles added to it, also allowing a temporary reprieve for employers. Occupations are currently on these lists until 31 December 2026, by which time a review will be carried out. Sectoral bodies are invited to contribute to a call for evidence by 2 February. The Migration Advisory Committee (‘MAC‘) is due to report on its review by July 2026 on which jobs should stay on the TSL, which is designed to temporarily fill skills gaps while sectors endeavour to put skills and training strategies in place to curb reliance on sponsoring from abroad. (Easier said than done as the construction sector with its CITB levy is aware).

• Care workers – It is no longer possible to sponsor new care workers from overseas under the Skilled Worker route since 22 July 2025. Visa extensions and in-country switching under this route will be permitted for a transition period until July 2028 9to be kept under review).

• The Immigration Skills Charge – Paid by employers who sponsor workers under the Skilled Worker route and the Global Business Mobility – Senior or Specialist Worker route, increased by 32% on 16 December 2025. The increase means the Skills Change will be £480 per year per sponsored worker for a small sponsor or £1,320 per year for a large sponsor.

• English language – The minimum standard of English required to qualify for a new Skilled Worker, High Potential Individual and Scale-up visa application rises from CEFR level B1 to B2 from 8 January 2026. These are broadly equivalent to a foreign language GCSE level and A-level respectively. Those who have already obtained permission where they were required to show a B1 level, will continue to be subject to a B1 level requirement where they are seeking an extension on the same route. Nationals of majority English speaking countries can meet the requirement automatically or it can be met through a degree that was taught in English or by passing an approved Secure English Language Test.

• Settlement – The Government proposes to overhaul the current simple system of five years in the UK to qualify for settlement, also known as indefinite leave to remain (‘ILR‘). ILR allows someone to live and work in the UK without requirements such as sponsorship by an employer or a relationship with a settled or British person. Proposals include doubling the five-year base period to 10 years (15 years for workers skilled below RQF6). It is suggested that years will be taken off a new standard 10 years for higher tax rate payers, higher-skilled public servants, voluntary work, those on the Global Talent or Innovator Founder routes. Decades may be added on for immigration rule breaches and it is suggested that only those with “a clean criminal record” may apply to settle. New requirements for settlement such as B2 English level are also proposed. A consultation on the “earned settlement” proposals runs until 23:59 on 12 February 2026. Any business or person who wishes to contribute to this consultation can respond by following this link. You can read our fuller summary of the proposals below. Changes are planned from April 2026 onwards.

• Graduates – Graduate visas to work in the UK after completing studies at UK universities will be shortened from 24 months to 18 months to applications submitted on or after 1 January 2027, with PhD graduates continuing to receive three years of leave.

• Non-sponsored routes – There were minor amendments to evidencing applications for a Global Talent visa. The Immigration White Paper promised to expand this route for “top scientific and design talent”. The changes to settlement rules proposed may mean that at some stage those on a Global Talent visa will have had to have earned a taxable income of at least £12,570 per year for three years in the UK to settle here, though the five-year route to settlement may be abridged to three years. The Student route now permits those switching into the Innovator Founder route to be self-employed/establish a business once endorsed. The number of overseas education institutions whose graduates are eligible for the High Potential Individual route has now doubled from 50 to 100. The list of universities changes every year but the past five years’ lists have now doubled the number of universities that qualify graduates for this unsponsored work visa. The Tier 1 (Investor) category was closed with immediate effect on 17 February 2022. In line with this, those with permission under the category are able to apply for an extension of their permission up to 17 February 2026. No extension applications will be granted after this date.

• Sponsor licence compliance – The White Paper raising minimum compliance metrics for Student sponsors and introduces a levy on tuition fees. Alongside this, the Government has doubled down on promises of stricter enforcement against employers who abuse the visa system, rules around illegal working and employment law. In 2024, UK Visas & Immigration revoked 1,620 licences to sponsor workers and temporary workers compared with 347 in 2023 (an increase of 367%).  Suspensions of licences for workers and temporary workers also increased 215%.

• Youth Mobility Scheme – The Government has not confirmed any proposals, but media reports suggest that a short-term Youth Mobility option for EU citizens is being discussed. According to UK newspaper reports, there would likely be a cap in the “tens of thousands” for the proposed two-year visa and it is likely to be launched in the current parliament, so in the next couple of years.

• Illegal working – An amendment to the Border Security, Asylum and Immigration Act expanded the right to work check regime to certain non-employees, including gig economy and zero-hours workers. The government is expected to publish new guidance this year. In the long-term, the Prime Minister has hinted that right to work checks may eventually become mandatory. A new digital ID scheme will add an optional method to prove right to work. 

• Family visas – The current Minimum Income Requirement (‘MIR‘) to sponsor a partner on a family visa is likely to stay at £29,000 despite the MAC review, published in July 2025, suggesting a lower MIR threshold between £23,000–£25,000 as more reasonable. The Home Secretary is still considering how to respond to the Committee recommendations. Family members of British citizens are expected to avoid the increase to the settlement qualifying period and to still be able to qualify after five years.
• The Electronic Travel Authorisation (‘ETA’) – As part of the digitalisation of the UK’s immigration system, those who do not need a visit to enter the UK as a visitor (such as US, Australian, Canadian and EU nationals) must apply for an online ETA before travel to the UK. This works much like the US ESTA or the EU’s ETIAS. From 25 February 2026, the ETA will be fully enforced for visa‑exempt visitors and those requiring landside transit, with carriers expected to deny boarding without an ETA or the new digital evidence of immigration status – the eVisa.

Consultation regarding new settlement framework

On 20 November 2025, the Home Office announced an intention to make substantial changes to the settlement system, whereby most applicants would have a 10-year settlement period, but which can be both reduced by favourable factors, as well as increased by adverse factors. Some applicants may have a 15 or a 20-year baseline qualifying period.

• Starting baseline of 10 years for settlement – With the exception of anyone covered by the Withdrawal Agreement, the starting baseline for settlement will be 10 years for all applicants other than refugees, who will have a baseline qualifying period of 20 years (unless they came to the UK on a resettlement scheme, in which case it will be 10 years).

• Minimum requirements for settlement – The framework introduces minimum requirements that someone applying for settlement will need to meet. Suitability: Must meet the general grounds of refusal found in the new Part Suitability section of the Immigration Rules. Must not have any current litigation, NHS, tax or other government debt. Integration: Must meet the English requirement at level B2 and pass the Life in the UK test. Contribution: Must have made National Insurance contributions by way of an annual salary or income of over £12,570, held for three to five years (this is currently subject to consultation).
• Criminality – It is proposed that the current criminality requirement of not having a custodial sentence of over 12 months will change to “a clean criminal record” subject to a review of criminality thresholds across all immigration routes. The Home Secretary warns: “Our expectation is that you should not be able to settle with a criminal record. Revised thresholds will be set out in due course.”

• Factors that reduce the baseline qualifying period for settlement and by how much

English language at level C1	Minus 1 year
Earned a taxable income of £125,140 per year for three years	Minus 7 years
Earned a taxable income of £50,270 per year for three years	Minus 5 years
Has been employed in a specified public service occupation	Minus 5 years
Has volunteered in the community	Minus 3-5 years
Applicants with permission as the parent/partner/child of a British citizen and meets “core family requirements”	Minus 5 years (not subject to consultation)
Applicants in the BN(O) route	Minus 5 years (not subject to consultation)
Completed three years in the Global Talent or Innovator Founder route as a main applicant	Minus 7 years
Specific vulnerable groups who should get reduction	Subject to consultation

• Factors that the baseline qualifying period for settlement and by how much

Applicant has received public funds for less than 12 months during route to settlement	Plus 5 years
Applicant has received public funds for more than 12 months during route to settlement	Plus 10 years
Applicant arrived in the UK illegally, e.g. small boat/clandestine entry	Plus up to 20 years
Applicant arrived on visit visa	Plus up to 20 years
Applicant has previously overstayed their permission for six months or more	Plus up to 20 years

• Balancing positive and negative factors – Where there is a positive factor that reduces the qualifying period and a negative factor that increases it, they will be balanced against each other. For example, where someone qualifies for a five-year reduction in their qualifying period because they are in the UK as a spouse of a British person, but they qualify for an increase of 10 years for previously being in receipt of public funds for more than 12 months, this means an overall increase of five years to their qualifying period, meaning they will qualify after 15 years.

• Scrapping of the 10 year long residence settlement route – The 10-year long residence route to settlement is being eliminated as it is considered “obsolete” in light of the proposed changes. However, the policy says that those applying for settlement will need to have completed the required qualifying period in “route or routes” that lead to settlement. Presumably, this means that applicants will no longer be able to use their time spent in routes that do not lead to settlement, such as the Student route, towards their qualifying period.

• Public fund eligibility – The Government is also considering whether to change primary legislation to permit indefinite leave to remain (‘ILR‘), also known as settlement, to be granted subject to “no recourse to public funds” (so that a right to access benefits only arises upon citizenship). At present, it is not possible to attach conditions to indefinite leave to remain.

• Changes to dependent partners and children – Adult dependants of “economic migrants” are expected to be considered in their own right and will need to qualify on the basis of their own attributes. It is expected that child dependants will still be able to settle when they turn 18 but an age cut-off may be introduced after which point they will need to qualify in their own right. In those circumstances, there may be provisions that waive some of the mandatory minimum requirements e.g. the waiving of National Insurance Contributions.

• Exemptions – As part of the consultation, the government will look at how to “tailor” the framework to the following categories: Adult Dependent Relatives, victims of domestic violence, bereaved partners, refugees who arrived in the UK on a resettlement scheme. Anyone applying under Appendix Armed Forces is expected to be exempt from the changes.

• Transitional provisions – The policy states that it will apply to all immigrants, including people already in a route to settlement, but it also states that the consultation will look at whether to introduce transitional provisions for people already in a route to settlement and if so, what they should look like.

• Changes to naturalisation requirements – The Government is planning to make changes to the citizenship requirements in line with the changes to settlement so that there is some alignment between the two. However, this is not expected to take place until after the consultation regarding the framework for settlement.

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Timing and developments

Consultation regarding new settlement framework

Many of the changes proposed are still subject to consultation, though we expect most of the above provisions to be adopted into law.

We expect to see a new Statement of Changes to the Immigration Rules around March 2026, with some or most of the changes taking effect around April 2026. This includes major changes to qualifying for settlement. Any changes to citizenship will require an Act of Parliament so are not expected to take effect earlier than the end of 2026. Any changes to restrict the right of settled migrants to access public funds would also require an Act of Parliament and as yet, there is no timeframe for this proposal.