Proposed reforms to UK Settlement (ILR) Rules
On 12 November 2025, the Home Office published its ‘Fairer Pathway to Settlement’ guidance and opened a 12-week consultation period for its proposed changes, with implementation expected from April 2026.
In this guidance, the Home Office proposes to increase the standard qualifying residence period required for settlement to 10 years (currently, this is five years for most visa categories).
The proposed ‘Earned Settlement’ model intends to recognise the value and long-term contribution an individual has made to the UK. This means that individuals will have the opportunity to reduce the 10-year settlement period if they meet certain criteria, whereas those with an adverse record will see the 10-year residence requirement be extended to as much as 30 years before becoming eligible for settlement. The proposal includes focus on:
- Character: strict standards on conduct and criminality, with an expectation that those with a criminal record would not be able to settle in the UK.
- Integration: demonstrating meaningful engagement with British society.
- Contribution: economic participation and measurable contributions to the UK can shorten timelines.
- Residence: continuous lawful residence remains essential but is not sufficient on its own.
- English language: it is also proposed that a discount of one year will apply if individuals have an English Proficiency of C1 (degree level).
In its latest guidance, the Home Office has also proposed the following timescales for settlement.
| Settlement period | Eligibility criteria |
| Three years (a reduction from the current five-year requirement) | Higher-rate taxpayers earning £125,140+ Global Talent visa holders Innovator Founder visa holders |
| Five years | Specified public service workers Earning over £50,270 for three years Spouses of British citizens, Windrush and BNOs retain the five-year route |
| 10 years | Standard qualifying period for most economic migrants who arrived via safe and legal routes |
| 15 years | Roles below RQF6 level (e.g. care workers) Individuals who received public funds for less than 12 months |
| 20 years | Individuals in receipt of public funds for more than 12 months |
| Up to 30 years | Those who entered illegally or significantly overstayed (including those who switched from visitor status) |
Further, it is proposed that these changes will apply retrospectively to those already in the UK, but not to individuals who already hold ILR. The consultation runs until 12 February 2026, and any transitional arrangements will be confirmed after feedback.
The Home Office has excluded from the scope of the proposals:
- spouse of British nationals
- Hong Kong British Nationals (Overseas)
- windrush migrants.
Please note, these are proposals only; no immediate changes have been implemented.
Suggested action: those who are already eligible for Indefinite leave to Remain but who have not yet applied should consider applying urgently.
Increase to Immigration Skills Charge confirmed
The Immigration Skills Charge is set to increase by 32% from 16 December 2025.
The current fees are as follows:
- £1,000 per year for medium or large-sized sponsors
- £364 per year for small or charitable-sized sponsors
The fees as of 16 December will be as follows:
- £1,320 per year for medium or large-sized sponsors
- £480.48 per year for small or charitable-sized sponsors
Suggested action: to avoid paying the higher costs, employers are strongly encouraged to assign Certificates of Sponsorship before this date for any eligible visa extensions, change of employment or switching applications before the increase takes effect.
Employers are reminded that certificates can be assigned up to three months before the work date on the certificate, so they could be assigned before the fee rise and used for extension applications as late as March 2026.
Home Office confirm Electronic Travel Authorisation (ETA) enforcement from February 2026
The Home Office has, throughout 2025, phased in the ETA registration process for non-visa national visitors to the UK, meaning that visitors to the UK who are from the EU, USA, Canada, Australia and many other nationalities have to secure a pre-travel security clearance before boarding.
The Home Office has now confirmed that from 25 February 2026, ETA pre-travel clearance will be mandatory, with travellers refused boarding and UK entry without a valid ETA.
ETA can be applied for online and costs £16 and is valid for multiple entries for a two-year period.
UKVI enhances visa services with expanded priority options
UK Visas and Immigration (UKVI) has significantly broadened access to its priority and super priority visa services, now available to eVisa applicants in 138 countries worldwide.
Under the enhanced offering:
- priority service delivers visa decisions within five working days
- super priority service provides decisions by the end of the next working day.
These expedited services are available for purchase by main applicants applying through eligible work and study eVisa routes.
This expansion marks a major step forward in UKVI’s global service delivery, offering applicants greater speed, flexibility, and convenience when applying for UK visas.
Graduate Visa route length to be shortened
It has been announced that starting January 2027, the UK Graduate visa will be reduced to 18 months from two years for new applicants.
Those who apply for a Graduate Visa on or before this time will still be eligible for the full two-year duration.
The reduction of the visa length calls for strategic planning by employers, as it increases the urgency to offer sponsorship earlier in order to retain international talent. This change will significantly influence graduate recruitment approaches, limiting the flexibility employers previously had during the two-year period to assess candidates before committing to sponsorship.
Suggested action: employers may want to review their graduate salary and remuneration to establish if employees will meet the salary criteria for the Skilled visa at the point when the switch to the Graduate visa will be required.
Positively, PhD students will continue to be eligible for three years’ visa permission.
Changes to English language requirements for economic migration routes
The change in English language requirement from level B1 to level B2 is confirmed to take effect from 8 January 2026 and will apply to those applying for initial entry in the following affected routes:
- Skilled Worker
- High Potential Individual
- Scale Up
This change aims to support better integration for individuals seeking to build their lives in the UK.
Additional changes outlined in the White Paper, such as new English language requirements for dependants on work and study routes, will be implemented through future updates to the Immigration Rules.
Suggested action: those preparing to submit applications for work visas for the first time should consider submitting before the January change or sit the higher standard test early to avoid needing a re-sit at a higher qualification standard later.
Replacement of vignettes with eVisas:
From 30 October 2025, individuals who successfully apply for certain work, study or family visas, or for indefinite leave to enter/settlement on any route, may no longer receive a physical vignette.
This is part of the Home Office’s ongoing transition from vignettes to eVisas. Therefore, individuals who have been granted leave to enter the UK will need to access their eVisa through their UKVI account, which will need to be set up prior to entering the UK.
Therefore, once a decision has been received from the Home Office, it is important to read the instructions carefully, as this will detail how to set up a UKVI account or whether a vignette will be issued.
High Potential Individual – targeted and capped expansion
Changes have been introduced to allow double the number of universities – up from 50 approved institutions previously – whose graduates are permitted to use the High Potential Individual route and capping the number of places available in the route at 8,000 per year (where the annual period begins on 1 November and ends on 31 October each year).
These amendments took effect from 4 November 2025.
The HPI visa route offers the advantage that graduates of these institutions can live and work in the UK without restriction and can be employed without businesses first having to pay out large sums in visa sponsorship.
Suitability rules
From 11 November 2025, the Home Office has introduced a ‘Part Suitability’ guidance which replaced ‘Part 9 – General Grounds for Refusal’. The new guidance incorporates all suitability and defines the general grounds, and comprehensively sets out the reasons why a visa may be refused. This guidance is applicable across most visa categories.
The key changes are as follows
- Mandatory refusal: for any conviction with a sentence of 12 months or more, regardless of when it occurred.
- Discretionary refusal: for lesser convictions or non-custodial sentences.
- Re-entry bans now apply to family routes for prior immigration breaches.
- New safeguarding rule: refusal if a parent or partner poses a risk to the applicant.
The impact of the mandatory refusal grounds means that there is little room for the Home Office to apply its discretion when deciding an individual’s application for leave to remain in the UK.
Introduction of a visit visa requirement for nationals of Botswana
As of 3pm BST on 14 October 2025, a visa requirement has been imposed on all visitors entering the UK from Botswana, and they will no longer be eligible to apply for an Electronic Travel Authorisation for any travel to the UK.
Additionally, nationals of Botswana who will be transiting via the UK will be required to obtain a Direct Airside Transit Visa.
This measure is being introduced in response to a rise in travel to the UK by Botswana nationals for reasons not permitted under the Visitor Visa rules, including a notable increase in Asylum claims since 2022.
Palestine was added to the list of carriers list
Following the UK’s formal recognition of Palestine as a separate state on 21 September 2025, the Home Office has updated its UK visa nationals list to reflect this change. Nationals of Palestine are now explicitly listed among countries whose citizens require a visa to enter or transit the UK.
It is to be noted that individuals who were previously identified as being from Palestinian territories were already subject to visa requirements.
In light of this change, carriers will need to ensure they review the updated list and ensure compliance when checking passenger documentation.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at November 2025.