Immigration update – July 2026 

TLS website issues

TLS has been experiencing technical issues over the past two weeks, preventing some users from accessing the website to book biometric appointments or upload supporting documents to their submitted applications.

TLS is aware of these issues and is actively working to implement a resolution as quickly as possible.

UKVI introduces priority processing for certain naturalisation applications

UK Visas and Immigration (UKVI) have announced that eligible applicants may now be able to purchase priority services for British citizenship (naturalisation) applications. This is a significant development, as priority processing has not previously been available to purchase for naturalisation applications.

To be considered for priority processing, applicants must meet one or more of the following criteria.

• They are unable to undertake essential travel for compassionate or business reasons using their current travel documents.
• They have compelling or compassionate circumstances that require them to travel to the UK urgently.
• They are approaching their 18th birthday and may otherwise be unable to complete the citizenship ceremony, including the oath of allegiance and pledge, as an adult.
• They can demonstrate that British citizenship is required for a specific employment opportunity.
• They have been selected to represent the UK internationally in a sporting or other event, where British citizenship is a prerequisite. Evidence confirming the applicant’s selection and calibre will be required. As these cases may attract public interest, they must be referred to the Chief Caseworker in the first instance.
• They are an immediate family member of a civil servant who is posted, or due to be posted, overseas.
• They have experienced significant inconvenience as a result of an administrative error or unjustified delay by the Home Office.
• They have obtained ministerial approval for priority consideration.
• They can demonstrate that expediting their application would be in the national interest, even where the circumstances would not otherwise warrant out-of-turn consideration.

Applicants will generally be expected to provide supporting evidence where relevant to substantiate their eligibility for priority processing.

Applicants who successfully secure the priority service should normally receive a decision within 30 working days of submitting their biometrics, compared with the standard processing timeframe of up to six months. However, processing times remain non-guaranteed. Applications requiring enhanced scrutiny, external verification checks, national security or identity enquiries, or involving particularly complex circumstances may take longer to conclude.

Applications which have already been submitted without purchasing priority services cannot be retrospectively upgraded to priority services. However, applicants can still travel with a pending naturalisation application.

As this is a very new offering, we understand that the change is not yet fully operational for all applicants to secure, but is expected imminently. We will monitor this closely.

House of Lords earned settlement report

A recent House of Lords report, published on 23 June 2026, has criticised the UK’s settlement and citizenship system as overly complex, expensive and lacking a clear evidence-based strategy. The committee found that immigration policy is often developed without sufficient data or impact assessments and called for a more coordinated approach that supports integration.

The report raises particular concerns about proposals to extend the route to settlement from five years to ten years. It concludes that a longer qualifying period could create greater uncertainty for migrants, increase costs, and hinder integration, while being unlikely to significantly reduce migration levels.

The committee also warns against retrospective immigration rule changes, arguing that applying new requirements to people already in the system undermines fairness, trust and legal certainty. In addition, it questions the proposed “earned settlement” model, noting that requirements linked to income, employment and English language ability could disproportionately affect vulnerable groups and increase inequality.

More broadly, the report highlights the high cost and complexity of the current immigration system, including significant visa, settlement and citizenship fees. It also criticises the Life in the UK Test as outdated and of limited value in assessing integration.

The committee recommends that the Government develop a clear national integration strategy, improve data collection and transparency, avoid retrospective rule changes, retain the current five-year route to settlement, and make the system simpler, fairer and more affordable. Its overall conclusion is that settlement policies should promote integration and social cohesion rather than create additional barriers to achieving secure status.

There is ongoing speculation that the Home Secretary is considering an alternative to the 10-year settlement proposals and instead might be reviewing when the NRPF (No Recourse To Public Funds) condition is lifted – currently this is on grant of ILR, but there is discussion that this might be delayed until citizenship is attained or an interim additional period of waiting has applied.

Due to the change in Prime Minister from 20 July, the picture remains highly uncertain. We are continuing to monitor this, and further updates will be provided in future editions of this Birketts Immigration update.

Expansion of right to work checks from October 2026

Despite a recent scrapping (in April 2026) of an extended right to work regime, the Government has returned to this issue with clear intent that enforcement and new obligations on businesses to clamp down on illegal working will prevail.

New regulations have confirmed that section 48 of the Border Security, Asylum and Immigration Act 2025 will come into force on 1 October 2026, significantly expanding right to work obligations beyond traditional employment relationships. The changes extend the illegal working regime under the Immigration, Asylum and Nationality Act 2006 and increase the circumstances in which businesses may be liable for civil penalties.

A draft code of practice has been published and is being scrutinised prior to implementation.

Key proposed changes:

• Wider scope of right to work checks – obligations will extend beyond employees to certain individuals engaged under worker contracts, individual subcontractors and some service providers operating through online matching platforms.
• Extended supply chain liability – businesses may be liable for civil penalties where illegal working occurs further down a contracting chain, even where there is no direct contractual relationship with the individual carrying out the work.
• Substitution arrangements – organisations may be held responsible for individuals engaged as substitutes and must ensure compliant right to work checks are completed before any substitute begins work.
• Enhanced identity verification requirements – businesses will need processes to ensure the individual carrying out the work is the same person whose right to work has been verified.

To establish a statutory excuse against a civil penalty, businesses will need to implement prescribed compliance measures, including:

• robust contractual provisions requiring counterparties to conduct compliant right to work checks
• controls on further subcontracting and the flow-down of right to work obligations through supply chains
• audit and enforcement rights where non-compliance is identified
• appropriate identity verification systems and processes.

The draft Code of Practice confirms that the new rules will not apply to individuals who are genuinely self-employed and operating a business on their own account, nor to end users or customers who simply purchase services and are not part of an onward contracting chain.

Businesses that engage contractors, subcontractors or temporary labour should review their supply chain arrangements, contractual documentation and right to work procedures well in advance of the 1 October 2026 implementation date to ensure they can establish a statutory excuse and minimise the risk of civil penalties.

If you have any queries in respect of the above and how this may impact your organisation, please do not hesitate to contact us to discuss further.