Key takeaways
Student loses appeal over excess working hours
Work restrictions are strictly enforced.
Intensifying scrutiny and rising requests for evidence
Strong record-keeping reduces compliance risk.
Settlement will no longer be automatic
Employers should plan for retention risk.
As 2025 draws to a close, the UK immigration landscape continues to shift rapidly, with policy reform, compliance tightening and digital transformation taking centre stage. This edition of our immigration spotlight highlights the recent key development from increasing evidential requests in sponsorship cases, to major Home Office consultations shaping the future of settlement, compliance and right to work. We also look at the Migration Advisory Committee’s latest call for evidence, the expanding ETA regime and the UK’s accelerated move towards a full digital system.
Student loses appeal over excess working hours
The Court of Appeal’s decision in R (Singaram) -v- SSHD [2025] EWCA Civ 1375, upholding the Home Office’s decision to cancel a student’s leave for breaching work restrictions, is more than a cautionary tale.
The Student, entered the UK in October 2022, admitted to working full days at an off-licence while also working 20 hours per week at a superstore, exceeding the 20-hour term-time limit. His leave was cancelled immediately after an interview with immigration officers.
The claimant argued that his shelf-stacking shifts at an off-licence were “training,” not employment. The Court disagreed. Under the Rules, “work” means “employment,” and that includes paid and unpaid roles, as well as certain unpaid placements. In short: if it looks like work, it it, even if unpaid or framed as preparation for future employment.
He argued the decision was procedurally unfair but the Court found he had been given ample opportunity to explain his circumstances. While acknowledging that discretion in cancellation required fairness, the Court held any procedural shortcomings caused no prejudice. The judicial review was therefore dismissed.
Why does this matter?
For employers and students alike, this case underscores two key points:
Definitions are broad and unforgiving. If it walks like work and talks like work, it’s work - even if unpaid.
Discretion is real, but limited. The Court acknowledged fairness matters when cancelling leave, but any procedural slip-ups here didn’t change the outcome.
Practical takeaways:
Students: Don’t assume unpaid activity is safe, do seek immigration advice before agreeing to “training.”
Employers: Monitor hours rigorously. Breaches can trigger immediate cancellation.
This case isn’t just about one student - it’s a signal that the Home Office is serious about enforcing work conditions. Labels won’t protect you; compliance will.
Rising requests for evidence
We are seeing a considerable rise in requests for additional information when sponsors apply for extra Undefined Certificates of Sponsorship (CoS). These requests often require a wide range of documentation within short timeframes - even for well-established businesses. While these checks are risk-based rather than random, there is an element of subjectivity in the process, and scrutiny appears to have increased following the Immigration White Paper earlier this year.
A key theme in these requests is the need to demonstrate that the role constitutes a genuine vacancy. Sponsors should ensure they retain robust evidence on file to respond quickly if asked. For instance evidence to show business need for the role, your recruitment process, qualifications/evidence that the candidate meets the requirements, corporate financial evidence and contracts of employment.
Ultimately, sponsored employers should be prepared and maintain this documentation upfront will help avoid delays and ensure compliance with Home Office requests. In addition, sponsors should review their licence summary and request any additional Certificates of Sponsorship as early as possible. Requests for UCoSs are currently being processed in around eight weeks, well within the published 18-week service standard. While priority service is available, it remains extremely difficult to secure - there are a minimum of 100 priority slots each day, and although additional slots are opened where capacity permits, demand far exceeds supply.
Sponsors should therefore plan ahead, review their licence summary, and submit requests for additional CoS as early as possible to avoid delays. We can support you with this process, so please reach out to our team if you need assistance.
Two major consultations now open:
Earned settlement
The Home Office launched a 12-week consultation on proposals to overhaul the UK’s settlement framework, replacing near-automatic eligibility with a new “earned settlement” model. Under the plans, key proposals include:
Baseline qualifying period: Increasing the standard period before most migrants can apply for settlement from 5 to 10 years (for most routes)
Earned settlement: Allowing migrants to shorten this period through positive contributions such as earnings, public service or volunteering, while extending it where negative indicators apply (e.g., reliance on public funds or illegal entry).
Tailored pathways or exemptions for certain groups, including dependants of British citizens, British Nationals (Overseas), vulnerable groups, and HM Armed Forces.
No Recourse to Public Funds: Considering whether access to benefits should be reserved for those who achieve British citizenship rather than settlement.
The “four pillars of earned settlement” will be:
Character: Meeting strict suitability requirements, including a clean criminal record and compliance with immigration laws.
Integration: Demonstrating engagement with British society, including English language proficiency and passing the Life in the UK test.
Contribution: Accelerated settlement for sustained and measurable contributions, such as higher earnings, public service or volunteering.
Residence: Lawful, continuous residence recognised but not sufficient on its own for settlement.
Employers should plan ahead by reviewing workforce needs, modelling retention risks, adjusting sponsorship strategies and aligning pay and evidence processes with the proposed changes. The consultation runs until 12 February 2026 and reforms could be implemented quickly once finalised. We at Hill Dickinsons are available to support businesses in preparing and submitting consultation responses.
Right to work expansion
The Home Office is consulting on proposals to extend legislation aimed at preventing illegal working to a broader range of working arrangements. For the first time, businesses engaging gig economy and zero-hours workers - in sectors such as food delivery, beauty services, courier operations, and warehousing - would be required to carry out right to work checks.
The consultation closes at 23:59 on Wednesday 10 December 2025 and seeks feedback on how these changes should be implemented and enforced, as well as suggestions for simplifying processes to help employers meet their obligations.
To take part, visit: Extending the Right to Work Scheme - GOV.UK
MAC Call for evidence: Temporary Shortage List (Stage 2)
The MAC has launched Stage 2 of its review into the Temporary Shortage List (TSL), which temporarily allows RQF 3-5 roles into the immigration system.
Currently, all TSL entries will expire on 31/12/2026, with final recommendations on MAC’s review due in July 2026 on which roles should remain and how salaried for mid-skilled roles should change from 2027. Only roles backed by a robust workforce strategy (Jobs Plan) which includes:
A clear skills strategy and steps to maximise the UK workforce.
Collaboration with the Department for Work and Pensions on domestic labour initiatives.
Measures to prevent exploitation, particularly of migrant workers.
The Call for Evidence seeks detailed information on shortages and sector initiatives to address them. Evidence should only be submitted on occupations that were identified during stage 1 of the review as being potentially crucial to the delivery of the Industrial Strategy or building critical infrastructure. In the health and care remit, this only included Laboratory, Medical and Dental Technicians. These proposals represent a significant shift in immigration policy. Once implemented, they will be difficult to reverse. Employers relying on mid-skilled roles should strongly consider submitting evidence to influence the outcome.
Key dates:
Call for Evidence closes: 2 February 2026
Final Stage 2 report published: July 2026
How we can help
Hill Dickinson can support employers by:
Providing a checklist for responding to the Call for Evidence.
Offering tailored advice to prepare a robust submission.
Electronic Travel Authorisation (ETA): What’s changing in 2026?
From 25 February 2026, visitors to the UK who do not need a visa (non-visa nationals) will be required to have an Electronic Travel Authorisation (ETA) before travelling.
An ETA allows people to legally travel to the UK for tourism, family visits, or other approved reasons for up to 6 months, but British/Irish citizens are exempt, but dual nationals must show a valid British/Irish passport or certificate of entitlement, otherwise risk being refused permission to travel. Transit passengers going through UK passport control will also need an ETA.
The application cost £16 and is usually decided within minutes, and can be done online or via the UK ETA app. For further details, please refer to our earlier article on ETAs.
Since launch, over 13 million people have applied successfully and the Home Office are also hosting weekly information sessions on the process until 26 February 2026. If you would like to sign up for these events or have any questions about ETA requirements and how to apply, please contact us.
UK Immigration System continues move to digital eVisas
The UK's immigration system continues to modernise with the phased introduction of eVisas for visitors and other applicants.
From 11 November 2025, UKVI started inviting newly successful visa applicants to set up their UKVI account and access their eVisa. This includes people who have received a positive decision on an application for a Standard Visitor Visa from 3 November 2025.
Successful applicants who are eligible will receive an email from UKVI with instructions on how to set up their UKVI account to access their eVisa. Those who do not receive this email will not be required to set up a UKVI account before travelling.
Closing
As we close out 2025, it’s clear that UK immigration policy is entering a period of accelerated reform, with 2026 set to bring some of the most far-reaching changes in a decade. From digital permissions and evolving workforce strategies to complete rethink of settlement, businesses and visa holders will need to stay agile. Our immigration team continue to monitor development closes and support clients in preparing for the year ahead.
