Immigration Monthly Update – December 2025

English language requirements for many United Kingdom visas to change from 8 January 2026

Currently, there are a number of UK visa categories, such as the Skilled Worker, High Potential Individual, and Scale Up, which already require the main applicant to be able to show that they have a reasonable grasp of the English language. The main applicant has to prove that they are able to speak, write, read and understand English to at least level B1 of the Common European Framework of Reference for Languages (CEFR) scale. Whilst the main applicant has to prove their capability, there has not been a requirement for family member dependants to evidence their English language ability. 

From 8 January 2026, any main applicant making a first application for a visa affected by this change will have to meet a higher requirement of B2 on the CEFR scale. The UK Government is hoping that this change will assist in the better integration of visa holders into daily life in the UK. Those who have already obtained a visa with proof of English language at level B1 can continue to rely on this for extension applications. 

Level B2 is described as ‘Can understand the main ideas of complex text on both concrete and abstract topics, including technical discussions in his/her field of specialisation. Can interact with a degree of fluency and spontaneity that makes regular interaction with native speakers quite possible without strain for either party. Can produce clear, detailed text on a wide range of subjects and explain a viewpoint on a topical issue giving the advantages and disadvantages of various options.’ 

The UK Government also plans to introduce English language requirements for dependants of main applicants in several work and study routes. The level required will be lower than the main applicant, at level A1 of the CEFR framework for entry clearance applications, but then potentially rising to A2 for extension applications.  

It is also expected that the English language ability for settlement applications will be raised to level B2 across most visa routes. 

Employers need to ensure that any prospective employees they are sponsoring for entry clearance applications in affected visa routes (most notably the Skilled Worker one) can provide the correct level of English language ability. 

It is also prudent to stay abreast of any changes to dependant and settlement permissions, as it is likely that changes will occur throughout 2026. 

UK to start full enforcement of the Electronic Travel Authorisation scheme 

Many visitors to the UK will already be aware of the introduction of the Electronic Travel Authorisation (ETA), which was phased in between October 2023 and April 2024. The ETA gives the holder permission to travel to the UK for up to a maximum of six months as a visitor. It applies to visitors, who before the ETA regime did not have to apply for a physical visit or transit visa before coming to the UK (non-visa nationals, which include countries in the EU, USA, Australia, New Zealand, Canada and many more). The scheme requires travellers to apply for security clearance before they set off on their travels. This includes children of any age.  

It is important to note that the ETA is not a visit, work, or study visa. It is just permission to travel to the UK. It is the border officer’s decision if they want to admit the traveller to the UK. ETA holders are required to follow the same UK immigration rules as those who have to obtain a physical Visit visa. 

Until very recently, the Home Office has not been strictly enforcing the ETA requirement to allow travellers to adjust to the new process. However, it has now been published that this ‘grace period’ will end on 24 February 2026. From 25 February 2026, visitors from 85 countries will not be able to travel to the UK legally unless they can produce an ETA approval before travel.  

Applying for the ETA should be straightforward and quick. Travellers can apply at https://www.gov.uk/eta/apply or via the official UK ETA app on their mobiles. All travellers will have to have their own ETA. It is not possible to add children to an adult’s application, for example. Each ETA costs £16 and will last for two years or the end date of the passport used in the application, whichever is earlier. 

Most decisions will come back within a number of minutes, but it is advisable to allow three working days in case the application triggers an additional review requirement. 

British and Irish citizens, as well as those holding work, study or family visas, do not need to apply for an ETA. However, it is advisable for dual nationality travellers to ensure they have a valid British passport or certificate of entitlement for travel to the UK from 25 February 2026. 

It is important for travellers to factor this additional task into their travel preparations, as they will no longer be able to enter the UK without an ETA. This is especially important for business visitors who often need to travel at short notice.  

Home Office opens consultation on ‘earned settlement’ 

The majority of UK visa categories permit permanent settlement (also called indefinite leave to remain) after five years of continuous residence in the UK. Two of the main eligibility criteria are that the applicant has not spent more than 180 days in any rolling 12-month period outside of the UK and that the applicant has not been given a prison sentence of more than 12 months. 

The Home Office has recently announced that it will extend this five-year period to 10 years. It has opened a consultation where it is seeking views on the idea of ‘earned settlement’ (https://www.gov.uk/government/consultations/earned-settlement), where the 10-year wait for settlement can be reduced or increased via defined criteria. Anyone can submit their opinion, whether a private individual, an individual on a UK visa, a business, or an immigration services provider.  

Some specific categories of immigrants may need to wait for more than 10 years, such as those on Health and Care visas and other jobs at Regulated Qualifications Framework (RQF) level 3-5 (15 years) and asylum seekers (20 years). It is also expected that eligibility requirements for dependants of affected main visa holders will receive their own eligibility requirements, which do not need to correspond to the ones for the main visa holders. Qualification periods can be shorter or longer depending on their particular circumstances. 

The proposal includes suggestions on how the reduction could be achieved. For example: 

• having a clean criminal record 

• not being in debt to anyone in the UK 

• making a sustained and measurable contribution to the UK’s national life and economy, such as having exceptional talent in a specific area, being a high taxpayer, holding a senior position in a public service organisation, and/or volunteering extensively in the local community 

• speaking English to a higher level than is currently required in most visa routes. 

At the same time, the 10-year wait for settlement may be further extended if the person applying has contributed less to public life than is deemed acceptable. This includes those who have claimed benefits, entered the UK illegally or overstayed their visa/immigration permission (such as switching in-country from visitor status), and some may have to wait as long as 30 years to qualify for permanent residence. 

The consultation is also asking which rights respondents think should be attached to a grant of permanent settlement. In particular, the UK Government feels that benefits should not be available to a person until they have obtained British citizenship – at the moment, benefits become available to anyone being granted permanent settlement. 

An important issue to note is that any new rules will likely apply to anyone in the UK at the time of their introduction who does not already hold permanent settlement. This means that it will likely apply retrospectively to those already here and therefore could affect thousands of visa holders who came to the UK assuming they would be able to obtain permanent settlement after five years. This could also mean that businesses sponsoring Skilled Worker visa holders, for example, will find themselves having to sponsor employees for twice the length of time and may need to budget for this. Given the regularly increasing visa application costs and minimum salary requirements, this is likely to present a real and sizable issue for UK businesses. Part of the consultation does consider if transitional arrangements should be imposed for those already here, but little indication is given as to what such measures might include. 

Those who already have permanent settlement will not be affected, and neither will those with status under the EU Settlement or Windrush Schemes.  

The consultation will close on 12 February 2026. It is currently expected that the changes will start being phased in from April 2026. 

As mentioned, these changes could have a significant impact on UK businesses relying on migrant labour. The cost and time it takes to sponsor a worker all the way to permanent settlement may double overnight. It is therefore important to already do some scenario planning in relation to how such changes could be dealt with and/or absorbed by the employer.  

The move to a fully digital immigration system continues 

Last year, the UK started its move towards abolishing physical immigration documents and instead moving towards a fully digital immigration system. It mainly applied to those in work and some study routes. 

The Home Office has been on a roadmap to digitalisation since April 2024, when it started to send emails to UK visa holders inviting them to create their UK visa online account. It recently stopped generating most physical visa documents (such as Biometric Residence Permits) and then started to reduce the number of visa categories that would receive a visa vignette entry clearance sticker in their passports upon successful grant. 

Since 11 November 2025, UK Visas and Immigration (UKVI) has been inviting further new visa applicants to set up their UKVI account and ensure they have access to their eVisa. This includes those who have been granted a standard Visit visa since 3 November 2025. 

Those eligible will receive an email from UKVI with instructions on how to set up their account. Those who are not contacted will not be required to set up their online account before travelling to the UK. They should instead ensure they set up their online account once they have entered the UK. 

There are a number of technical issues UKVI is dealing with, and it may sometimes be the case that applicants have difficulties setting up their account, or they find that their account contains incorrect information. Getting these issues fixed can be a time-consuming and slow process. Anyone thinking of leaving the UK over the festive period who no longer has an in-date physical UK immigration document should ensure they can access their account, that the information on the account is correct, that the passport with which they travel is registered on the account, and that their eVisa is correctly linked and displayed. This can be done here: https://www.gov.uk/evisa/set-up-ukvi-account. 

Employers may wish to communicate to their workforce that those with visas need to complete this process before they leave the UK; otherwise, they might find that they are unable to return to the UK after their break. 

Changes to the right to work regime under way 

How and when to conduct compliant right to work (RTW) checks is a perennial issue for all employers in the UK. Given that every employee should be checked for their right to work in the UK this is not a process that just applies to businesses sponsoring employees on visas, sponsored or otherwise. The UK’s RTW check instructions change often and it is quite a job for the relevant departments in a UK business to stay on top of the changes. 

At the moment, RTW checks should be undertaken on all staff who have a contract of employment, service or apprenticeship. The Home Office also states that where a worker is not a direct employee, and the business does not hold a visa sponsor licence, it is not required to establish a statutory excuse. However, it specifically points out that a business with a sponsor licence must carry out the RTW checks if it is sponsoring the worker. 

It is important to note that only a correct and compliant RTW generates a so-called ‘statutory excuse’ against getting fined for employing an illegal worker. If the check is not completed correctly, and the employee is subsequently found to be working illegally, the business can be fined £45,000 (if a first offence) or £60,000 (if a repeat offence) per employee found to be working illegally. 

Earlier this year, the UK Government proposed to extend the requirement to check for the right to work to those not directly employed, such as workers, especially those in the gig economy (as opposed to employees), and self-employed contractors. It ran a public consultation process which closed on 10 December 2025. There is currently no specific date for when the UK Government will publish the consultation outcome, but it is expected in the first half of 2026. 

It is also reasonable to expect that many of the proposed changes will be implemented, regardless of the outcome of the consultation. 

Businesses employing persons who they currently do not need to check for their right to work in the UK should start checking their RTW/immigration policies and already think about how their processes might need to change if they will be required to check a significantly larger number of persons for their right to work than they are currently required to. 

How to navigate requests for Certificate of Sponsorship priority processing 

Most employers in the UK who are holding a visa sponsor licence will be familiar with the process around obtaining Certificates of Sponsorship (COS) for employees who require sponsorship. There are two categories: one is the Defined COS (DCOS), which has to be applied for on a case-by-case basis through the online sponsorship management system (SMS) and must pertain to a specific applicant outside of the UK. The other category is the Undefined COS (UCOS). A number of UCOSs can be applied for at the same time through the SMS, as they do not need to be earmarked for a particular person, although the person who requires sponsorship must already be in the UK.  

There have been issues around the Home Office processing times for both COS categories. While the DCOS issues seem largely to have been solved, problems with UCOS applications persist. 

The Home Office advises that it can take up to 18 weeks for UCOS applications to be approved. However, businesses can rarely see this far ahead when it comes to recruiting new employees or replacing those who are leaving. This has led to many businesses running out of UCOSs and not getting a new allocation approved quickly enough in order to place those who need sponsorship into their vacancies, or processing extension applications for existing employees before their visas expire. 

There is a priority option, for £350, the Home Office will process the applications more quickly, usually within five working days of payment being made. While this sounds like a relatively simple solution to the problem, there are issues with this option. The Home Office releases a set number of priority slots every weekday morning at 7am. They tend to get allocated on a first-come, first-served basis, and usually the demand far outstrips supply. It can therefore take several days to weeks to get a slot, and in some instances it is not possible to get a slot at all. 

The Home Office has advised that if an employee’s visa is expiring imminently and there is no UCOS available, the application should be submitted without the COS, and an explanation should be provided. The explanation should contain the efforts the sponsor has made to obtain a COS before the visa expiry. This would generally show that the original UCOS application was made in good time via the SMS, and multiple attempts have been made to obtain a priority slot. The Home Office will then hold the application over until they have issued the UCOS to the employer and they have assigned the COS to the employee. 

Employers will also need to check when their COS allocation resets automatically to the number of COS used in the previous 12 months. The date is stated in the sponsor management system on the licence summary towards the bottom of the form. There is no point paying for priority service if the allocation is wiped and reset before the COSs can be assigned. 

Employers who hold a sponsor licence should regularly check their COS allocation and ensure that they have at least one or two COS showing on the licence at any time. This should generally avoid any immediate issues. If there is a larger group of employees whose extension applications come up at the same time, it is advisable to submit a list of names and visa expiry dates via the SMS in good time so the Home Office can check themselves that the employer does indeed require the number of COSs requested. There are additional requirements when applying for COSs for health and care workers. Please consult your immigration provider regarding what they are before submitting the request. 

Nauru nationals will need a Visit visa to come to the UK 

The UK authorities have imposed Visit visa requirements on Nauru nationals from 9 December 2025. This means that they need to apply for, and obtain, a Visit visa to the UK before commencing their travel. It is no longer sufficient to just obtain an Electronic Travel Authorisation (ETA) document. 

The Home Office has explained that this visa requirement has been introduced to counter-balance Nauru’s introduction of a ‘Citizenship by Investment’ programme, which only requires a one-off payment to Nauru before the applicant can obtain citizenship. No residence or any other ties to Nauru are required. The UK is worried that this will permit criminal actors to enter the UK without sufficient vetting. 

There will be a 6-week transition period during which Nauru nationals can travel to the UK with an ETA if their travel was booked before 9 December 2025. The option to obtain an ETA will be closed on 20 January 2026. The Home Office has confirmed that changing the travel date on a confirmed booking to an earlier date will not be sufficient to be able to enter the UK with just an ETA.  

New rules will also be introduced in relation to airside transit travel. Travellers who do not need to change airport and/or pass through the UK’s border control will become subject to further checks to avoid Nauru nationals being able to enter the UK visa-free via this route. 

It is important that employers who are sending Nauru employees to the UK, or Nauru nationals in general who want to visit the UK, factor in the cost and time it takes to obtain a Visit visa. These applications are quite document-heavy, and processing times can vary. 

Home Office to close Service Providers from Switzerland visa route 

The Service Providers from Switzerland (SPS) visa route will close on 31 December 2025. The route will be deleted from the UK’s Immigration Rules. Any pending applications for entry clearance or Administrative Review will then be rejected as invalid. 

The route was opened in December 2020 to implement the UK-Switzerland Citizens’ Rights Agreement. This required that UK and Swiss companies be allowed to continue to service contracts with their respective clients in both countries, where the contract was signed and commenced before the end of the Brexit transition period on 31 December 2020.  

This has always been intended to be a transitional arrangement unless the UK and Switzerland thought an extension was necessary. However, both countries have agreed that there are now sufficient other visa routes for businesses to provide services in the UK and vice versa, so an extension is no longer necessary. Under the existing rules for the route, any visa issued under it will expire on that date, if it has not already done so. 

It is important for Swiss businesses and travellers to be aware of this change, as they may need to familiarise themselves with visa routes to the UK that they have not previously looked at. Additional costs and timeframes will also need to be considered, as it is likely that other visa routes are more expensive, require more (or different) supporting evidence, and may take longer to be processed. 

Useful changes to the EU Settlement Scheme 

The EU Settlement Scheme (EUSS) opened fully in March 2019 to allow EU nationals in the UK to regularise their stay in the country. This became necessary in light of the fact that the UK voted to leave the EU in 2016, which included the end of the right of free movement within the EU. 

It is currently not possible to register a new EU travel document on an online UK eVisa account from outside of the UK. Changes have been made to the EUSS travel permit to allow EUSS status holders to obtain this permit where they have renewed their passport outside of the UK. 

The fact that it is not possible for those with Pre-Settled or Settled Status under the EUSS to come back to the UK without any further action when they have extended their EU passport in their home country is not very well known. EU individuals need to make sure that they either extend their EU passport in the UK and add the new document to their online account, or that they factor in sufficient time in their home country to apply for the travel permit to return to the UK and then update their online account from within the UK.