Immigration spotlight – 2026

A new year is underway and, as expected, the UK immigration calendar is already gathering momentum. January has brought early movement across policy, guidance and implementation, underlining that 2026 is set to be a year of continued reform rather than consolidation. Measures aimed at reducing net migration and strengthening border controls, first set out in the government’s immigration reform programme during 2025, are continuing to move from policy intent into practical effect. Against this backdrop, this opening Spotlight of the year highlights key UK immigration developments introduced in late 2025 that are now taking effect, and the main updates emerging at the outset of 2026.

1. English language requirement to increase for selected routes (8 January 2026)

From 8 January 2026, the English language requirement for new applicants including under the Skilled Worker and High Potential Individual (HPI) route increased from B1 (GCSE level) to B2 (A level standard). This marks a material increase in the level of English required, demanding stronger written and spoken communication skills, including more complex comprehension and expression.

The change applies only to first time applicants. Individuals who already hold permission on these routes will not be required to meet the higher standard when applying for an extension.

2. Earned settlement: Proposed reform (consultation closing on 12 February 2026)

The Home Office launched a consultation at the end of 2025 entitled A Fairer Pathway to Settlement, setting out proposals to overhaul the current framework for settlement (Indefinite Leave to Remain). The consultation proposes replacing the five year route as the standard pathway to settlement and confirms the abolition of the ten year long residence route. Notably, the proposals are intended to apply retrospectively, meaning individuals who do not have settlement now, could be affected once changes take effect.

Under the proposed model:

• A standard qualifying period of 10 years’ residence would apply for most applicants, with scope for this period to be reduced or extended based on an individual’s conduct and contributions.

• Settlement would be subject to additional criteria beyond residence, including good conduct, economic contribution and integration.

• Accelerated routes would be available for high earners and those in public service roles.

• Extended pathways of between 15 and 30 years could apply where there have been breaches of immigration conditions or reliance on public funds.

Partners of British citizens will continue to benefit from the existing five year settlement route, although time spent on the pathway may be extended in certain circumstances. The government is also consulting on whether current settlement protections should continue to apply to vulnerable groups, including victims of domestic abuse. By contrast, the removal of the ten year long residence route would eliminate a key route to settlement for individuals with complex or fragmented immigration histories.

The Home Secretary has indicated that the government intends to begin implementing reforms from Spring 2026. The consultation closes on 12 February 2026, and stakeholders are encouraged to engage and closely monitor the outcome.

What you can do now:

• Review how the government’s earned settlement proposals may affect your organisation, including identifying which employees are on a settlement route (sponsored or unsponsored) and planning internal engagement on their future settlement eligibility (e.g., town halls or internal communications).

• Consider how the proposed changes could influence your recruitment and retention strategy for overseas talent.

3. Electronic Travel Authorisation (ETA): Mandatory (from 25 February 2026)

Nationals of visa free countries must hold a valid Electronic Travel Authorisation (ETA) before travelling to the UK. While the ETA regime has been introduced in phases since 2024, carriers will apply a strict “no permission, no travel” approach from 25 February 2026. An ETA is a digital permission to travel (not a visa and not a guarantee of entry) and is currently priced at £16, although the government has confirmed its intention to increase the fee to £20 in the near future.

From this date, eligible visitors travelling to the UK for short stays of up to six months who do not hold a visa or existing UK immigration status will not be permitted to board without an approved ETA. Each ETA allows multiple visits over a two year period or until the holder’s passport expires, whichever is sooner. Travellers are advised to apply at least three working days in advance to allow for additional screening where required.

Key points to note

• Visitors transiting through the UK and passing through UK border control require an ETA. Those transiting airside at Heathrow or Manchester without passing passport control currently remain exempt.

• Dual British citizens must travel using a valid British passport or a Certificate of Entitlement.

• From 25 February 2026, dual British nationals unable to produce appropriate British nationality documentation may face additional identity checks and will not be able to clear UK passport control until British nationality is verified.

To support implementation, the Home Office Future Border and Immigration Systems (FBIS) Engagement Team are hosting weekly ETA enforcement information events. These sessions provide a refresher on the ETA requirement and focus in particular on the practical implications of ETA enforcement for travellers, employers and carriers. If you would like further information, please get in touch.

As sponsored work routes become more restrictive, we can expect increased scrutiny of the genuine visitor requirements for Business Visitors.

As a result, the scope of permitted visitor activities must be clearly defined and assessed in advance. Visa applications should be thoroughly prepared and invitation letters must be accurate and aligned with the activities the Visitor intends to undertake. We can support you by carrying out this assessment and providing template invitation letters tailored to the visit.

Other UK immigration Changes from 2025

Set out below are key reforms introduced in late 2025 that are now taking effect:

MAC’s review of salary requirements in the UK (17 December 2025)

The Migration Advisory Committee (MAC) published its review of salary requirements for UK work visas, recommending significant change to how skilled workers are sponsored. The review addresses unintended consequences of the April 2024 increase in occupation specific salary thresholds to the median, which excluded certain job titles and disproportionately affected higher paid roles. While the MAC reiterates that salary thresholds should prevent undercutting of domestic workers and ensure fiscal contribution, it concludes that the current systems fails to do this effectively.

Key recommendations include:

• Skilled Worker route: The general salary threshold should remain at £41,700 or increase to £48,400, depending on whether the Government prioritises fiscal contribution or net migration reduction.

• New entrants who are new to the labour market to replace percentage discounts with a single discounted threshold of £33,400 to ensure graduate access to professional roles while remaining fiscally beneficial. The discount could apply for between six and sixteen years and should remain available regardless of visa length, despite tension with settlement policy.

• PhD holders: Abolish the PhD salary discount altogether, as there is no evidence that PhD holders earn less than other skilled workers.

• Temporary Shortage List: Set a minimum general threshold of at least £30,900, aligned with the Joseph Rowntree Foundation’s reasonable standard of living.

• Global Business Mobility (GBM – Senior or Specialist): Increase occupation specific thresholds to the median to reflect genuinely senior roles. The Higher Earners Threshold should be updated from £73,900 to £81,300.

• Updating thresholds: Introduce scheduled annual updates to salary requirements to improve predictability for employers, using the most recent ASHE data available.

• Many sponsors are concerned about breaching employment and equality laws when deciding not to sponsor visa candidates. The MAC recommends that the Government clarify that employers are not required to sponsor and may lawfully prefer candidates who do not require visas, in order to reduce compliance concerns.

Immigration Skills Charge increase now in force (16 December 2025)

Significant increases to the Immigration Skills Charge (ISC) took effect for any Certificates of Sponsorship (CoS) assigned on or after 16 December 2025.

The rates are:

• Medium and large sponsors: £1,320 per sponsored worker per year (up from £1,000)

• Small and charitable sponsors: £480 per sponsored worker per year (up from £364)

The increase forms part of the government’s wider strategy to reduce reliance on migrant labour and to generate additional funding for domestic skills and training initiatives, rounding off 2025 marked by escalating sponsorship costs and tighter compliance expectations.

Expansion of the illegal working regime (2 December 2025)

The government has introduced a significant expansion of the illegal working enforcement regime through the Border Security, Asylum and Immigration Act 2025, which received Royal Assent on 2 December 2025.

Once in force, the reforms will extend right to work obligations beyond employees and apprentices to include workers, self employed individuals, individual subcontractors, agency workers and individuals engaged via online matching platforms. Employers will be required to carry out right to work checks for these categories, with civil penalties applying where individuals are found not to have the correct permission to work in the UK.

Although the Act is not yet in force and will only take effect once commencement regulations are issued, implementation is expected during 2026. Therefore, employers should begin preparing now to understand the impact.

Steps to take now:

• Map existing processes by taking stock of how right to work checks are currently carried out at onboarding and beyond, and where gaps may emerge under the expanded regime. Consider using our team to conduct internal right to work audits.

• Review current workforce to identify reliance on non traditional labour models, including casual workers, individual contractors and subcontractors.

• Enhance systems and processes by considering digital right to work and identity verification solutions to manage increased checking demands efficiently.

• Build internal readiness through targeted training and by monitoring Home Office updates as further guidance becomes available.

Civil penalties for illegal working have already increased to £60,000 per breach. Extending the right to work regime to a wider range of workers and subcontractors will significantly expand exposure to compliance risk. Organisations engaging contingent or outsourced labour should act now to audit onboarding practices, improve visibility across their workforce and address potential areas of vulnerability.

Comprehensive suitability framework introduced (November 2025)

In late 2025, we saw the Immigration Rules updated to include a new “Part Suitability” framework, bringing together suitability considerations such as criminality, deception, overstaying, unpaid NHS charges and breaches of immigration law within a single, consolidated structure. The framework expressly reflects the UK’s obligations under the European Convention on Human Rights, embedding these considerations across all visa routes.

While this approach is intended to promote greater consistency and transparency in decision making, it may also limit scope for discretion in marginal or borderline cases, with suitability issues more likely to result in refusal across a wider range of applications.

How we can help you

As further changes are introduced over the coming months, staying up to date will be essential. Our Immigration team can support individuals and employers in understanding the impact of these developments, whether through targeted training, practical guidance or by monitoring key updates as they emerge.