Immigration
Contents
- Legislation
- News
Key contact
Key anticipated events
Upcoming
- Expected reforms to the Global Talent visa to attract more high‑skill applicants (research, film, TV)
- Anticipated introduction of workforce‑strategy requirements for sectors reliant on high international recruitment
- Increase in English language proficiency standards for Skilled Worker, High Potential Individual and Scale-up route from level B1 to level B2
- Closing date for extension applications (entry clearance and permission to stay) in the Tier 1 (Investor) route
- Within 6 months of 3 July 2025: MAC review of Skilled Worker salary thresholds
- Date TBC: Proposed increase to the ILR qualifying period from 5 to 10 years, with earlier eligibility for earned settlement
- MAC’s stage 2 review of the Temporary Shortage List
- Electronic Travel Information and Authorisation System (ETIAS) rollout
- Current deadline for the assignment of certificates of sponsorship for roles on the Temporary Shortage List
- January 2027: Reduction of duration of stay for Graduate visas from 24 months to 18 months for applications made from 1 January 2027; PhD graduates retain three years
Upcoming
Dates TBC:
January
2026
February
2026
Spring
2026
July
2026
Oct / Dec
2026
December
2026
2027
Legislation
Border Security, Asylum and Immigration Act 2025
The Border Security, Asylum and Immigration Act received Royal Assent on 2 December 2025. This legislation aims to overhaul the UK’s approach to border security and immigration enforcement.
The Act is intended to enable law enforcement agencies to investigate, detect and disrupt organised immigration crime and serious and organised crime, through the provision of new powers and data-sharing arrangements. The Government hopes that this tougher approach will help to deter irregular migration to the UK and to reduce small boat crossings and loss of life in the Channel.
The Act introduces a wide range of provisions designed to strengthen border security and reform the asylum and immigration system. We have outlined the key elements below.
Creation of the Border Security Command (BSC)
A statutory body will be established which will be led by a Border Security Commander, tasked with coordinating efforts to disrupt organised immigration crime. The BSC is modelled on counter-terrorism frameworks and aims to unify enforcement and intelligence operations.
New criminal offences
There will be a new offence related to online content promoting illegal immigration, including advertisements and social media posts.
There will also be new offences related to the supply of materials for illegal immigration activities and specific offences for endangering lives during sea crossings.
There will be tougher sanctions for facilitating immigration crime, for example the new offence of supplying or handling articles for use in immigration crime, such as a dinghy, carries a maximum prison sentence of 14 years. These are designed to target and deter the organisers and facilitators of small boat crossings.
Expanded enforcement powers
The Act provides enhanced powers for police and border authorities to search and seize electronic devices and other ‘articles’, such as boats and dinghies, which are intended to be used in an illegal crossing.
There is provision for increased data-sharing capabilities between UK agencies and international partners, and between UK government departments.
Repeal of previous legislation
The Safety of Rwanda (Asylum and Immigration) Act 2024 will be fully repealed, firmly marking the demise of the Conservative’s flagship policy. Parts of the Illegal Migration Act 2023 will also be repealed, though some detention and exclusion powers remain.
Regulatory changes
There will be amendments to the oversight of immigration advisors, and restrictions on legal aid for individuals subject to removal, except in exceptional cases.
Will it achieve its aims?
The Border Security, Asylum and Immigration Act is intended to reduce small boat crossings by introducing new criminal offences and tougher sanctions on activities related to the facilitation of illegal immigration.
Catching the people smugglers who are involved in illegal immigration will remain difficult, particularly as they are never likely to set foot in the UK. Even if they are caught and sentenced, new smugglers will spring up to fill the ongoing demand for irregular migration routes.
Making new laws to appear tough on immigration could backfire if they are ineffective and make no discernible difference to the numbers of people entering the UK illegally following the implementation of this Act.
Author: Emma Brooksbank
News
Earned Settlement Model - Increase in qualifying period for Indefinite Leave to Remain (ILR) to 10 years
The Government is set to introduce one of the most significant immigration reforms in recent years by raising the qualifying period for ILR from five to at least ten years for most visa categories. This change forms part of the new contribution-based settlement model, designed to make settlement a privilege earned through sustained economic and social contribution rather than simply by completing a qualifying period. The policy's stated aims are to reduce net migration, strengthen integration, and reduce pressure on public services.
Under the current rules, most migrants on points-based system routes can apply for ILR after five years of continuous lawful residence in the UK.
A Home Office consultation has now been published which outlines the proposed changes. The earned settlement model proposes four mandatory requirements that must be met to be eligible for settlement. Those are:
- Suitability: the applicant must have no criminal conviction and have no current litigation, NHS, tax or other government debt.
- Integration: the applicant will need a strong English language proficiency, at least B2 level, this is increasing from the current B1 level
- Contribution: the applicant will need to have annual earnings above £12,750 for a minimum of 3 to 5 years to qualify. This is intended to be a mandatory requirement which will be applied to adult dependents as well as main applicants.
There are ways to reduce the qualifying period down from 10 years. Earning at least £50,270 for 3 years will reduce the qualifying period for settlement to 5 years, and earning £125,140 for 3 years will reduce the qualifying period to 3 years, subject to meeting other requirements - Entry and residence: lawful and continuous residence in the UK will be required. Those entering the UK illegally, entering on a visit via and later switching in country, and those overstaying their leave for more than 6 months will have their qualifying period raised up to 20 years
Exemptions: Partners of British citizens and certain humanitarian routes will retain the five-year pathway. EU Settlement Scheme rights will remain unaffected.
The Government has not yet formally confirmed whether people already in the immigration routes in the UK will be affected, or whether the change will only apply to those arriving after the implementation date. If the former applies, this will have a huge impact on the relevant individuals, and their employers.
It is unclear yet when these changes will take place.
Implications for businesses
For UK employers, these changes carry significant operational and financial consequences, such as:
- Increased sponsorship costs: migrants will require multiple visa renewals over ten years, adding application fees, Immigration Health Surcharge, and legal costs. The costs payable by employers will also increase
- Workforce planning challenges: longer qualifying periods may affect recruitment and retention
- Talent pipeline disruption: higher skill thresholds (RQF level 6) and tightened English language requirements, for migrants and their dependants, may narrow the pool of eligible candidates.
Actions for businesses to consider
- Audit your sponsored workforce to identify employees nearing the five-year ILR mark and assess potential impact
- Budget for extended sponsorship costs, including visa renewals and increased Immigration Skills Charge
- Once the consultation has concluded, and the new strategy has been announced, communicate with affected employees to manage expectations and provide support
- Engage in the public consultation while it is ongoing to influence policy outcomes and advocate for transitional protections
- Explore alternative immigration routes that may offer shorter settlement timelines
Further details
For further details on the ILR consultation, you can review the Home Office Consultation on Earned Settlement here and you can access the consultation itself here.
You can access a copy of the full White Paper policy here and the House of Commons research briefing here.
Author: Karolina Olczak
Expansion of the UK's Right to Work Scheme
The Government is proposing reforms to immigration compliance through the Border Security, Asylum and Immigration Act 2025. This legislation aims to extend the right to work requirements beyond traditional employment relationships. If passed, businesses will need to verify immigration status for a wider range of working arrangements.
Currently, the right to work checks apply only to employees under a contract of employment, contract of service, or an apprenticeship. Under the proposed changes, this duty will extend to agency workers, subcontractors, gig economy workers, and casual staff.
The Government argues that modern labour models create ‘blind spots’ exploited by rogue operators, increasing the risk of illegal working and worker exploitation, and acting as a pull factor for smaller boat crossings.
The changes will significantly increase the compliance obligations for businesses that rely on flexible labour. End-user businesses will become liable when illegal workers are sourced through agencies, online platforms, or subcontracting arrangements. With civil penalties of up to £60,000 per illegal worker, the cost of non-compliance is substantial.
The Government ran a public consultation on how these changes should be implemented, which closed on 10 December 2025. You can read more about this on the Government website here.
Looking ahead
The Government had planned to introduce a national digital ID scheme for proving the right to work. While a digital system already exists for foreign residents, the new scheme would cover all UK residents. These proposals have however been watered down, with the digital scheme now being optional rather than mandatory. Critics argue that such a system may not deter unscrupulous employers any more effectively than current measures. If implemented, the digital ID scheme is expected to launch before the next general election.
Author: Ashley Stothard
Increase in the English language requirement for visa applicants
From 8 January 2026, the English language requirements for visa applicants changed. This development, which was announced as part of the Government’s wider immigration reforms, has affected a range of visa categories, including Skilled Worker, High Potential Individual, and Scale-up routes.
Raising the Bar: From B1 to B2
The most notable change is the increase in the minimum English language requirement from Common European Framework of Reference (CEFR) level B1 to B2 for certain visa categories. The B2 level requires applicants to demonstrate a higher degree of fluency and comprehension in English, including the ability to understand complex texts and engage in detailed discussions.
Policy Rationale and Broader Immigration Reform
These changes form part of the Government’s ‘Plan for Change’ White Paper, which outlines a broader strategy to reform the UK’s immigration system. The stated objectives include enhancing public confidence, improving migrant integration, and ensuring that visa holders are well-positioned to contribute to the UK economy.
For further details you can review the Statement of changes to the Immigration Rules: HC 1333, 14 October 2025 - GOV.UK here.
You can also read the Restoring control over the immigration system: White Paper here.
Author: Shradha Virji
Changes to Graduate visas
The Graduate Route is changing as part of the wide-reaching immigration reforms introduced by the Government. Introduced to attract global talent, this visa category has become a critical pathway for international graduates seeking to launch their careers in Britain. However, from 2026 onwards, a series of reforms will reshape how graduates and employers navigate post-study work opportunities.
Current position: The Graduate Route allows international students completing a UK degree to remain in the UK for two years (or three years for PhD graduates) without sponsorship.
Upcoming change: From 1 January 2027, the standard Graduate Visa will be shortened to 18 months for bachelor’s and master’s graduates. PhD graduates will retain the three-year allowance. Students graduating and applying before 31 December 2026 will still benefit from the two-year period.
Implications for businesses
This change aims to encourage quicker transition into skilled employment or sponsored routes such as the Skilled Worker visa. Graduates will have less time to secure sponsorship for long-term work visas, increasing pressure on employers and candidates to act swiftly.
Actions for businesses to consider
To prepare for these changes, employers should conduct a review of roles currently occupied by individuals on Graduate visas and determine which employees they intend to retain beyond the visa expiry date. Timely action is essential. If the organisation does not already hold a Skilled Worker sponsor licence, it should apply well in advance of any Graduate visa expirations and allocate a budget for the associated Home Office fees and compliance obligations that accompany sponsorship.
Author: Iram Noordin
Reducing illegal working in the gig economy
The gig economy has long operated in a compliance grey area. Current legislation requires right-to-work checks only for employees under a contract of employment, leaving self-employed contractors and platform-based workers, such as couriers, taxi service providers, and food and goods delivery services, left to regulate themselves. This gap has enabled illegal working to proliferate, particularly through substitution clauses that allow individuals without permission to work in the UK to take on jobs under someone else’s account. A Home Office review found that two in five delivery riders stopped during random checks were working illegally, highlighting the scale of the issue. In response, the Government has introduced reforms under the Employment Rights Act and the Border Security, Asylum and Immigration Act to extend right-to-work obligations to gig economy businesses and zero-hours arrangements.
The Government’s consultation on Extending the Right to Work Scheme confirms that checks will soon apply to businesses hiring gig economy and zero-hours workers in sectors such as construction, food delivery, courier services, beauty salons, and warehousing. This will include legal requirements for platforms and intermediaries to verify the status of self-employed contractors and substitutes. Civil and criminal sanctions for non-compliance will apply, creating parity across industries and closing loopholes that rogue operators have exploited. For businesses, this means increased compliance costs, operational changes, and reputational risk if obligations are ignored.
While the propsals are not yet in force, it would be best to stay one step ahead of them.
Actions for businesses to consider
- Review engagement processes for contractors and self-employed workers
- Update contractual terms with labour providers to mandate compliance checks
- Conduct regular audits of supply chains and third-party partners
- When the new rules are announced, train staff on immigration compliance and reporting obligations
Further details
For further details you can visit the consultation page here.
Author: Irum Saleem
Key contact
Other authors
Karolina Olczak
Immigration Executive
Ashley Stothard
Immigration Executive
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