Immigration spotlight – February 2026

Article24.02.20266 mins read

Key takeaways

Digital immigration changes intensify

eVisas and ETA rules tighten from February 2026.

Settlement reforms progressing

Government analysing consultation feedback on earned settlement proposals.

BN(O) route expansion widens access

Adult children now eligible to apply independently.

February has brought a particularly significant set of developments within the UK’s continually evolving immigration landscape. As the Government accelerates its shift toward a fully digital and more tightly regulated system, several policy changes taking effect this month will have practical implications for employers, visa applicants and compliance teams alike. The updates below outline the key areas organisations will need to factor into right to work processes, travel planning, recruitment strategy and long term settlement considerations.

Electronic Travel Authorisation (ETA) enforcement and key considerations for British Dual Nationals (25 February 2026)

From 25 February, the UK will start enforcing pre departure checks requiring carriers to verify that passengers are authorised to travel. This has led to concerns that dual British nationals who only possess a foreign passport may be prevented from boarding or refused entry to the UK.

As detailed in our earlier spotlight, an approved ETA for non-visa nationals will be mandatory prior to travel to the UK. This will necessitate more forward planning for frequent travellers and may affect travel arrangements where short notice trips are common. A non visa national is a person who is neither a British nor an Irish citizen and who does not require a visa for short visits to the UK. This group includes citizens of countries such as the United States, Canada, New Zealand, Australia, EU and EEA member states, Switzerland, and Hong Kong, among others.

Historically, some dual nationals have entered the UK using a foreign passport from a non-visa country. This has been especially common for British citizens living overseas who either allowed their British passport to lapse or never applied for one.

However, from 25 February 2026, dual British citizens will no longer be permitted to enter the UK using a foreign passport alone.

What does this mean if you are a dual citizen (British and another nationality)

  1. You must hold valid proof of your British citizenship to enter the UK, even if you also possess another nationality; and

  2. You cannot apply for an ETA using your foreign passport, as you are not considered a “visitor” under UK immigration law.

We’re here to help - contact us for tailored advice on what to do next.

Full transition to eVisas (from 25 February 2026)

The UK’s transition to a digital only immigration system moves into a new phase on 25 February, when visa nationals may no longer receive physical passport endorsements for a visit visa or some other visa types on or after 25 February 2026. Instead, individuals will be issued with an eVisa, accessible exclusively through their UKVI account. Carriers will continue to adopt a strict “no permission, no travel” policy, under which boarding will only be granted if the traveller’s digital status matches the passport used for travel.

This will be particularly important for passengers who have recently renewed their passport or who hold multiple nationalities. It is essential that you keep your UKVI account up to date and as carriers now complete electronic checks before departure, passengers should make sure their UKVI accounts are correctly linked to their current passport and fully up to date.

Update on the ONS Review of SOC 2020 (16 February 2026)

The Office for National Statistics (ONS) has launched a public consultation on revising the Standard Occupational Classification (SOC) code system recognising that the current framework no longer reflects the realities of today’s labour market. The SOC system is the UK’s official method of classifying occupations and assigns every job a four digit code based on the skills and qualifications required. It is used both in national labour market statistics and by UK Visas and Immigration (UKVI) when determining work permits (E.g. Skilled Worker and Global Business Mobility) visa eligibility.

For immigration purposes, SOC codes play a critical role in setting the “going rate” for each occupation — the salary benchmark that employers must meet or exceed when sponsoring a worker. The Home Office requires sponsors to pay at least the higher of the general salary threshold or the going rate associated with the SOC code, ensuring pay aligns with UK market norms.

This consultation is a particularly positive direction for sponsored employers as many fast growing sectors (especially AI, digital technology, data science, cybersecurity, robotics and cloud engineering) are expanding far more rapidly than when SOC 2020 was created. The ONS itself acknowledges that the classification must adapt to reflect new technologies, innovations, and methods of production.

As a result, the current SOC Code/categories often fail to accurately capture emerging roles, making it difficult to correctly identify an occupation, apply the appropriate going rate and ensure salary compliance.

The timeline is:

  • Consultation period: 16 February 2026 – 11 May 2026

  • Analysis period: May – July 2026

  • SOC revision cycle: Autumn 2026 through to Spring 2029

If you would like to contribute to the consultation or require support in understanding how the SOC codes determine the general thresholds for sponsored visa routes, please contact our Immigration Team for tailored guidance.

Earned Settlement (12 February 2026)

The Government’s consultation on its proposed earned settlement model closed on 12 February, and it has now entered the analysis phase. Parliamentary scrutiny earlier this month - including ministerial statements and debates on 2nd and 3rd February.

On 2 February 2026, MPs debated Indefinite Leave to Remain (ILR) in Westminster Hall following two major e‑petitions. The debate highlighted a clear split in views:

  • Some warned against extending the route to 10 years, arguing it would be unfair to those who planned their lives around the current rules.

  • Others supported keeping the 5 year route but called for tighter or delayed access to public funds.

Although Westminster Hall debates do not produce binding decisions, they are politically significant because they place concerns on the parliamentary record and require ministers to respond publicly.

A recurring issue was whether any change should apply to people already in the UK who are part‑way through their settlement journey. These transitional arrangements remain one of the most sensitive elements of the proposal.

The consultation frames settlement as something migrants would “earn” through contribution and integration, rather than a status that becomes automatically available after a fixed period on most routes. For a fuller overview of the proposals, please see last month’s spotlight.

We expect more detail to emerge as consultation responses are analysed and draft rules begin to take shape over the coming weeks and months.

Expansion of the Hong Kong BN(O) route (9 February 2026)

The Government has confirmed that the Hong Kong BN(O) route will be expanded, broadening eligibility and improving opportunities for families seeking long term stability in the UK.

Adult children of British National (Overseas) status holders who were under 18 at the time of Hong Kong’s 1997 handover to China will now be eligible to apply for the route independently of their parents. Their partners and children will also be able to move to the UK under the expanded route.

The expansion honours the UK’s historic commitment to the people of Hong Kong and comes amid continuing deterioration of rights and freedoms in the territory.

Since the BN(O) route was launched, over 230,000 people have been granted a visa and almost 170,000 have moved to the UK. The route’s expansion closes a gap in eligibility that has led to unfair outcomes within families, with some children able to resettle and others not.

If you believe you or a family member may now qualify under the expanded BNO visa scheme, we recommend reaching out to our team.

Looking ahead

February 2026 marked a key stage in the UK’s shift toward a fully digital and more tightly managed immigration system. With eVisas expanding, stricter pre travel checks taking effect and settlement reforms progressing, both employers and individuals must navigate a more complex compliance environment. This is an important moment to review processes, enhance understanding of digital status requirements and ensure all travellers know how to maintain and evidence their immigration status. Our Immigration team remains available with tailored advice, practical guidance and dedicated training sessions to support businesses and individuals as the immigration landscape continues to evolve at pace.

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