Immigration update – March 2026 

English language requirement for Indefinite Leave to Remain applications to change from March 2027 

From 26 March 2027, the English language requirement for most Indefinite Leave to Remain (ILR) applications will increase from Common European Framework of Reference for Languages (CEFR) level B1 (intermediate) to B2 (upper-intermediate) for speaking and listening, reflecting a higher standard than previously required. 

Applications made before 26 March 2027 will continue to be assessed against the B1 standard, while those submitted on or after that date must meet B2 unless a specific exemption applies.  

Those who can obtain ILR before 26 March 2027 may wish to pursue the application as soon as they qualify (usually 28 days before they reach the full five years of continuous residence), and before the changes occur, to benefit from the current lower English language threshold. 

Skilled Worker visa holders must be paid the correct salary in every pay period 

For the Skilled Worker visa route, sponsors must ensure the worker is paid at or above the required salary in every pay period, not just on average over the year. Salary cannot be offset by unpaid leave, reduced hours, or temporary underpayment in one period, even if later payments are higher.  

If a Skilled Worker visa holder’s pay falls below the required level in any pay period (other than permitted exceptions such as statutory leave), this can place the sponsor in breach of their duties. Ongoing compliance with the correct salary is therefore a continuing obligation for employers throughout the period of sponsorship. 
 
This update to policy guidance is a result of a rise in Home Office enforcement, finding workers are being underpaid compared to the salary/working hours stated on their Certificate of Sponsorship (CoS) – this is most notable in sectors where shift work is prominent.
 

Employers are reminded that sponsored workers need to be paid: 

• the correct hourly rate for their SOC code 

• the correct overall annual salary figure for the visa category 

• the salary stated on the CoS. 

If a shift worker received fewer than expected shifts, then a sponsor is required to update the Home Office. 

Update on ‘earned settlement’ 

As of 18 March 2026, the Government’s earned settlement proposals remain unimplemented, with no changes yet made to the Immigration Rules. The public consultation closed on 12 February 2026, and the Home Office has confirmed it is still analysing responses before publishing a formal government response and draft rules.  

Ministers have repeatedly stated that settlement should be earned rather than automatic and have indicated that reforms are now more likely to be introduced in autumn 2026, rather than April 2026 as originally suggested.  

While proposals include extending the standard settlement period to 10 years and applying changes retrospectively, these elements remain policy intentions only until they are reflected in the UK Immigration Rules. It is currently unclear whether these rules will apply retrospectively (i.e., to those already in the UK on their path to settlement) or from a certain date in the future, leaving those already in the UK to accumulate five years of continuous residence before they can apply for settlement. 

All those who are already able to apply for settlement now (or in the coming weeks and months) should consider doing so sooner rather than later to still benefit from the rules in force at this time. 

Afghan nationals can no longer be sponsored for Skilled Worker visas 

Afghan nationals can no longer be sponsored for Skilled Worker visas when applying from outside the UK, as the Home Office has activated an “emergency visa brake” targeting nationalities with high rates of asylum claims after entry on work routes.  

From 26 March 2026, entryclearance applications for Skilled Worker visas made overseas by Afghan nationals will be refused, even where a valid Certificate of Sponsorship has been issued. The restriction applies only to applications made outside the UK and is described as temporary and subject to review.  

Employers will need to ensure that all those in the business dealing with immigration matters are aware of this change to avoid Certificates of Sponsorship being issued and the fees being lost. 
 
Employers can continue to employ existing staff members who are Afghan nationals already in the UK, and extension applications will be accepted.

Asylum seekers can now work under limited circumstances 

Asylum seekers in the UK do not have an automatic right to work, but they may apply for permission if they have been waiting more than 12 months for an initial asylum decision through no fault of their own.  

Where permission is granted, it is subject to restrictions: from 26 March 2026, asylum seekers can only work in graduate-level roles (Regulated Qualification Framework (RQF) Level 6 or above) that are listed in Appendix Skilled Occupations (in line with the requirements of a Skilled Worker visa). This has widened the roles asylum seekers can take, replacing the previous restriction that only positions listed on the Immigration Salary List were permissible.  

This change is intended to allow limited access to skilled employment while asylum claims remain undecided. This widening of eligible roles should increase the candidate pool for UK employers who have vacancies. 

New refusal powers in relation to suspended prison sentences 

From 26 March 2026, the Home Office’s visa refusal and cancellation powers are increased to cover suspended prison sentences as well as custodial sentences. Previously, mandatory refusal or cancellation on criminality grounds generally applied only where a person had received a custodial sentence of 12 months or more.  

Under the new rules, a suspended sentence of at least 12 months, imposed on or after 22 March 2026, can now also trigger refusal or cancellation of entry clearance or permission to stay, even if no time is actually spent in prison. This change reflects a stricter approach to criminality under the new visa suitability framework. 

Employers need to be aware of these stricter rules in the event that a sponsored employee may have had a brush with the law between obtaining their most recent visa and their extension or ILR application. 

Authorising officers – new duty to read and keep track of sponsor guidance documents 

Under the recently issued Home Office sponsor guidance, the Authorising Officer (AO) is expected to take active responsibility for ensuring the organisation understands and complies with its sponsor duties. This includes personally reading relevant sponsor guidance and compliance documents, rather than delegating this responsibility to the Key Contact, Level 1 users or immigration advisers.  

The guidance makes clear that sponsors must keep track of changes to Home Office policy and guidance as they are published and adjust their business processes accordingly. Failure by the AO to stay up to date with guidance changes can be treated as a compliance failure, even where breaches are unintentional, reflecting the AO’s role as the senior individual accountable for the sponsor licence. 

This adds additional weight to the already existing requirement for the AO to log into the sponsor licence at least once a month to ensure everything is up to date, both in relation to the business information and in relation to the circumstances of sponsored workers registered on the online sponsor management system (SMS). 

Businesses need to ensure they have the correct processes and systems in place to keep those involved in the management of the sponsor licence and SMS up to date on their responsibilities at all times. Stress-testing these processes and systems might be advisable through a ‘mock audit’ undertaken by immigration advisers. 

New duty to inform sponsored workers of their employment rights 

Under updated Home Office sponsor guidance issued on 6 March 2026, sponsors now have a specific duty to inform sponsored workers of their employment rights in the UK. This obligation is reflected in a new recordkeeping requirement in Appendix D, which requires sponsors to retain evidence that workers have been made aware of those rights, such as through contracts, handbooks or onboarding materials.  

The change is intended to strengthen worker welfare and ensure sponsored migrants understand protections such as pay, working time, and health and safety regulation. Sponsors must be able to demonstrate compliance on inspection, and failure to inform workers or to retain evidence that this has been done may be treated as a sponsor duty breach, even where the omission was not deliberate. 

Employers need to consider how to satisfy this new requirement on an ongoing basis. It is likely that any updates or changes to the relevant laws will be provided to workers as and when they occur. It may therefore be a good idea to incorporate these updates into the recruitment and appraisal process, provide an employee portal/digital handbook, or send regular emails to all employees. It is important to ensure that evidence is kept in every employee’s personnel file. 

Change of terminology from ‘genuine vacancy’ to ‘eligible role’ 

In the March 2026 update to the sponsor guidance, the Home Office replaced the longstanding concept of a “genuine vacancy” with the new term “eligible role”. The change shifts the focus away from a narrow test of whether a job exists, towards a broader assessment of whether the role is appropriate, skilled, and credible in the context of the sponsor’s business.  

An eligible role must genuinely reflect the duties carried out, meet the relevant skill and salary thresholds, and align with the sponsor’s organisational size and activities. This change is intended to strengthen sponsor compliance by allowing the Home Office to assess roles more holistically, rather than treating the genuine vacancy requirement as a standalone test. 

It is important for employers to be very clear about how a vacancy satisfies this new requirement, as the Home Office increasingly asks for further information when a sponsor requests a Certificate of Sponsorship to assign to a new/existing employee. 

Paid breaks should be included in weekly working hours for Skilled Worker visa holders 

The Home Office has recently clarified that, when calculating whether a Skilled Worker visa holder meets the required salary level, paid breaks must be included in the worker’s weekly hours, as they form part of the worker’s paid working time. This means the hourly rate and annual salary must be assessed on the basis of total paid hours, including any paid rest breaks.  

Unpaid breaks, however, remain excluded because they are not remunerated working time. Sponsors must therefore ensure that the salary stated on the Certificate of Sponsorship is correct once paid breaks are factored into the weekly hours calculation. 

Nationals of Afghanistan, Cameroon, Myanmar, and Sudan are no longer eligible for Student visas 

From 26 March 2026, the UK will no longer accept overseas Student visa applications from nationals of Afghanistan, Cameroon, Myanmar and Sudan under a new “visa brake”. The measure was taken in response to evidence that asylum claims by students from these four countries increased significantly between 2021 and 2025, with a sizeable proportion of applicants entering the asylum system after arrival on study visas.  

The Government has stated that the restriction applies only to entry clearance applications made outside the UK and does not affect existing students or in-country applications. The Home Office has described the policy as temporary and subject to review, aimed at protecting the integrity of the student route and reducing pressure on the asylum system. 

This change in policy is likely to affect colleges and universities more than businesses, but it could have a knock-on effect, as many students take part-time employment alongside their studies. The available candidate pool will likely contract due to this change. 

New Visitor visa requirements introduced for nationals of Nicaragua and St  Lucia 

The UK has introduced a Visitor visa requirement for nationals of Nicaragua and St Lucia, removing their previous visa-free access to the UK. The change was made following a rise in asylum claims by visitors from both countries.  

Nationals of Nicaragua and St Lucia have been removed from the Electronic Travel Authorisation (ETA) scheme and must obtain a standard Visitor visa before travelling to the UK, including for short visits or transit. A transitional period applies for travellers who already have an ETA and had confirmed travel booked before 5 March 2026, provided they arrive by 16 April 2026.  

Further extension of the Ukraine Permission Extension scheme 

The UK Government has confirmed a further extension of the Ukraine Permission Extension (UPE) Scheme, allowing eligible Ukrainian nationals and their family members to remain in the UK for up to an additional 24 months beyond the original 18-month grant.  

This means individuals may now benefit from up to 3.5 years’ total permission under the UPE route, in addition to any time already granted under the earlier Ukraine schemes. The extension remains free of charge and continues to provide access to work, benefits, healthcare and education.  

Alongside the extension, the Home Office has widened the application window from 28 days to 90 days before the expiry of the current permission, giving applicants greater certainty and flexibility when applying. 

Global Business Mobility Secondment Worker – reduction in required overseas employment length 

The Global Business Mobility (GBM) Secondment Worker route has been amended to reduce the required period of overseas employment from 12 months to 6 months. This change applies to Certificates of Sponsorship assigned on or after 8 April 2026, making the route more accessible for short-notice and project-based secondments.  

This change should give multinational businesses greater flexibility to deploy staff to the UK more quickly when there is a qualifying high-value contract with a UK entity. All other core requirements of the Secondment Worker route remain unchanged, including the need for a qualifying overseas employer and an eligible role in the UK. 

Certificates of Entitlement to the Right of Abode go digital 

The Home Office has recently moved the Certificate of Entitlement to the Right of Abode from a physical passport vignette to a digital record, held in a UK Visas and Immigration (UKVI) online account. This change affects people who have the right of abode but do not hold a British passport, and it alters only the format of proof, not the underlying legal status. 

The digital certificate is a lifetime record and does not expire when a passport expires, although it must remain linked to a valid passport for travel and status checks. Existing physical certificates remain usable until the passport expires, and eligible holders can switch to the digital version without a fee, reducing the need for repeat applications. 

Non-compliance with reporting duties can now cost sponsors their licence(s) 

Under the updated Home Office sponsor guidance issued in March 2026, failure to comply with reporting duties can now directly lead to sponsor licence suspension or revocation, even where breaches are not deliberate.  

The guidance makes clear that sponsors are trusted to maintain effective systems and to report required changes accurately and on time via the Sponsor Management System (SMS), including changes in the business (change of address, change of ownership structure, etc.) and a sponsored worker’s circumstances (change of location, amendment of job description, etc.).  

The Home Office has lowered the enforcement threshold so that action can be taken on the basis of reasonable suspicion, meaning sponsors no longer need to have a proven pattern of noncompliance before enforcement begins.  

Importantly, the guidance confirms that unintentional failures to report can still justify revocation where they undermine the integrity of the sponsorship system, reinforcing that reporting duties are a core condition of holding a licence. 

Compliance is becoming increasingly important for sponsors. The Home Office is leveraging failure to comply with reporting as a key reason to revoke licences (now often bypassing a period of remediation with improvement plans and going straight to revocation. With licence revocations rising rapidly, this is creating challenges for businesses that rely heavily on their international workforce. 

It is strongly recommended that employers with a sponsor licence regularly audit their processes, systems, and personnel files to ensure compliance with all sponsor duties. Your immigration services provider (such as Birketts) can undertake these audits on your behalf. 

Travel to the UK as dual nationals 

Updated guidance has confirmed that dual nationals from non-UK countries who also hold British citizenship are expected to travel to the UK as British citizens, not as nationals of their other country. Since full ETA carrier enforcement began on 25 February 2026, British citizens (including EU-British dual nationals) cannot use their other passport alone to travel to the UK or apply for an ETA. They must normally travel with a valid British passport or a Certificate of Entitlement to the Right of Abode linked to their non-UK passport; otherwise, airlines may refuse boarding.  

The Home Office has introduced a narrow concession for some people who naturalised as British citizens after holding EU Settlement Scheme status and who are awaiting their first British passport. In these specific circumstances, travel may be permitted on an EU passport (or an eligible EU ID card) where the person’s UK status can be verified, but this is not guaranteed and depends on airline checks. The safest and standard option remains travelling on a British passport. 

GBM Service Supplier category now includes Indian nationals 

The Global Business Mobility (GBM) Service Supplier visa route has been expanded to include Indian nationals following the trade agreement concluded between the UK and India. The change should take effect at the end of March 2026. 

This allows eligible Indian employees of overseas businesses, or self-employed professionals based overseas, to come to the UK to deliver services under qualifying international trade agreements between the UK and India. The route remains temporary and does not lead to settlement, with permission limited to the length allowed under the relevant trade agreement, typically up to 12 months. All existing requirements continue to apply, including the need for a UK sponsor, a valid service contract, and a Certificate of Sponsorship. 

Reuse of previous biometrics information  

The Home Office has announced that it will begin reusing previously enrolled biometric information for certain visa and immigration applications, where an applicant’s fingerprints and facial image are already held and remain suitable for reuse.  

This change is intended to reduce the need for repeat biometric enrolment appointments and streamline the application process, while maintaining identity and security checks. Reuse will only be permitted in specified circumstances and cohorts, and applicants may still be required to provide new biometrics where policy or operational requirements apply.  

BNO visa eligibility expansion for adult children 

The Home Office recently widened eligibility under the British National Overseas (BNO) visa route to allow certain adult children of BNO status holders to apply in their own right. The extension applies to adult children who were under 18 at the time of Hong Kong’s handover in 1997 and who were previously unable to access the route independently.  

As a result of the change, eligible adult children can now apply without being treated as dependents and may be joined by their own partners and children. The Home Office stated that this amendment was intended to address gaps in the original scheme that had led to families being separated. 

Global Talent visa expansion to include a design pathway 

The Home Office has announced an expansion of the Global Talent visa route, introducing a dedicated design pathway. This new pathway is intended for professionals working in the design industry and will sit alongside the existing Global Talent fields of academia and research, arts and culture, and digital technology. The Home Office stated that the expansion is aimed at broadening access to the Global Talent route and attracting internationally recognised and emerging leaders in the design sector. 

The change was announced on 5 March 2026, with the design pathway scheduled to open from 1 July 2026.  

Global Talent visa application process made easier for applicants in eligible academic research positions 

The Global Talent visa application process has been simplified for applicants in eligible academic and research roles. The changes will streamline the fast-track endorsement criteria for senior academic appointments, research roles, and certain funded positions, reducing evidential complexity for qualifying applicants.  

Eligible researchers endorsed through recognised routes, such as approved academic appointments, individual fellowships, or UK research and innovation-funded roles, can benefit from a quicker and more straightforward endorsement stage. The Home Office stated that these adjustments are intended to make the Global Talent route more accessible for internationally recognised researchers and emerging academic leaders, supporting the UK’s research and innovation objectives. 

Visit visas moved to eVisas 

The Home Office is continuing its move from physical visas to eVisas. It has stopped routinely issuing visa vignettes for most successful UK visit visa applications and instead grants permission in the form of a digital eVisa.  

Visit visa holders must now access their immigration permission through an online account, with their status linked electronically to the passport used for travel. This shift is intended to improve security, reduce reliance on physical documents, and make it easier for carriers and border officials to check a person’s permission to travel. 

It means that passports no longer have to be left at the visa application centre, making the application process much less time-consuming and interim travel to other countries (except the UK) possible whilst the application is pending, which is helpful for frequent travellers. 

Visa fee increases 

The Home Office has increased UK visa and immigration fees, with the revised charges applying to applications made on or after 8 April 2026. Most visa fees have risen by around 6-7%, affecting visit, work, study, and settlement routes, including the following increases. 

• Standard sixmonth Visitor visa fee from £127 to £135. 

• Skilled Worker entry clearance fee increased: 
  • from £769 to £819 for a visa up to three years 
  • from £1,519 to £1,618 for a visa up to five years.  

• Skilled Worker extension fees increased: 
  •  from £885 to £943 for a visa up to three years  
  •  from £1,751 to £1,865 for a visa up to five years. 

Fees for settlement and nationality have also gone up: 

• Indefinite Leave to Remain increasing from £3,029 to £3,226.  

• Electronic Travel Authorisation (ETA) fee has increased from £16 to £20.  

 
The rises reflect the Home Office’s stated aim of recovering more of the immigration system’s costs from applicants rather than general taxation. 

A full list of the new UK Government visa fees is available in the revised table of visa fees.

Passport fees increase 

UK passport application fees are also increasing, with the increase due to take effect from 8 April 2026, subject to parliamentary approval. The fee for a standard online adult passport application made from within the UK will rise from £94.50 to £102, while the child fee will increase from £61.50 to £66.50. Fees for postal, premium oneday, and overseas applications will also increase, with similar rises across all application types.  

A full list of the new UK Government passport fees will be published on the passport fees page on 8 April 2026, although the fees currently displayed remain the existing ones.