Background to the immigration reform 2026
Immigration White Paper of May 2025 introduced the scope of changes to be implemented as part of the immigration overhaul aimed at reducing net migration and reducing the number of people eligible for settlement and British citizenship.
Strategy of the reform
The strategy of the reform is two-pronged: to raise eligibility criteria for international workers making it more difficult to meet the requirements, and to make the UK a less attractive destination for workers and students by creating additional uncertainties, extending the qualifying period for permanent settlement and making settlement more difficult for dependent family members. At the same time, steps are taken to attract high earners and global talent.
Strategic changes include:
- Reducing the number of eligible occupations for sponsored workers
- Increasing the minimum salary requirements for eligible occupations
- Closing down the care worker route
- Introducing a higher English language requirement for workers
- Reducing the length of the Graduate visa for international students
- Increasing the standard qualifying period for permanent residence
- Introducing the earned settlement scheme creating a minimum income requirement for indefinite leave to remain across most immigration categories, including dependent family members and partners of British citizens
- Introducing additional settlement requirements for dependent visa holders
Changes implemented in 2025
Skilled Worker Route
In July 2025, eligible occupations for the Skilled Worker route were reduced to exclude occupations below RQF level 6.
Temporary Shortage List in Appendix Skilled Workers, para SW 6.1A gives a list of occupations below RQF level 6 which are still open for new hire until 31 December 2026.
Workers sponsored prior to July 2025 can continue to be engaged in eligible occupations below RQF level 6 provided there are no breaks in the continuity of their skilled worker visa.
The minimum salary for a skilled worker in an eligible occupation depends on the date the worker entered the skilled worker route. Workers sponsored before 4 April 2024 have a lower minimum salary requirement than workers sponsored after this date.
From 8 January 2026, the minimum English language requirement for skilled workers has been raised from B1 level to B2. This change doesn’t affect workers already holding a skilled worker visa or workers switching from the Graduate route, as they automatically meet the English language requirement.
Care worker visa
Care worker route is closed for new hires from overseas. However, care workers who are already in the UK may change sponsors and find new employers. Also, people already in the UK in other work permitting routes (students, graduates, dependent family members) can be sponsored as care workers even if it is their first sponsored employment, provided they had worked for the employer for at least 3 months before a certificate of sponsorship is assigned to them.
Changes to be implemented in April 2026
Extending the qualifying period for settlement or indefinite leave to remain
The government has proposed to increase the standard qualifying period for indefinite leave to remain from 5 years to 10 years. The intention is to apply this requirement across all immigration categories with the exception of EU nationals resident in the UK under the EU settlement scheme and family members of British citizen. The change is to apply to people already resident in the UK with a temporary permit and will disregard legitimate expectations based on the requirements in place at the time of the initial application.
“Bonus” factors which will reduce the qualifying period by up to 7 years. Workers with taxable income of £50,270 for a three year period will continue to qualify after 5 years of residence. Workers with taxable income above £125,140 over a three year period will qualify after 3 years of residence, same as Global Talent visa holders.
It is also proposed that the qualifying period of residence for workers engaged in occupations below RQF level 6 should be 15 years, an increase of 10 years over the current requirement.
Minimum income in ILR applications
Earned settlement programme will also introduce a minimum income requirement for ILR applications across all immigration categories with the exception of EU settlement scheme. Minimum taxable earnings of £12,750 over a three to five year period (subject to consultation) will apply to all, but will particularly hit dependant family members of skilled workers and partners of British citizens who may be home makers or full-time parents. It is not clear if these people will remain on a temporary status indefinitely or will at some point qualify on the basis of long residence.
There have been no announcements in respect of the long residence ILR, but it is very unlikely it will continue as a route alongside the increased standard qualifying period. If 15-year qualifying period is introduced for workers engaged in occupations below RQF level 6, the 10-year long residence rule will be scrapped by implication.
Graduate route to be reduced to 18 months
Graduate route will be reduced to 18 months for students making their applications after 1 January 2027. Doctorate graduates will continue to enjoy the 3-year entitlement on the graduate route.
If the 10-year long residence rule survives for international students and Graduates, there is a concern that they may not be able to meet the income requirement for the requisite period even if they meet the residence requirement having lived in the UK lawfully for 10 years.
Transitional arrangements and concessions
It is not clear what, if any, transitional arrangements will be in place. It is expected that the earned settlement programme will not apply to partners of British citizens immediately, as the requirement of minimum taxable income for a period of time would be particularly unfair where work was not part of the immigration requirements. It is more likely that this requirement will be introduce with effect from 2030 or 2031, but this is not more than a guess.
The government is consulting with the public if special provisions should be made for dependent children of migrant workers or any vulnerable groups, such as victims of trafficking or domestic violence.
It is particularly worrying that dependants who will not be able to settle before the main visa holder may have to wait for 15 years before they find out whether they qualify. A child coming to the UK as a dependent at the age of 15 would be 30 by the time their parent is eligible to make the application, and if the requirements of ILR are not met at the time the whole family unit will be affected.
It is important that these and other considerations are brought to the attention of the government. Public consultation is open until midnight on 12 February 2026.
We strongly recommend that those who qualify for indefinite leave to remain before April 2026 should apply before the changes come into effect.
Please contact us to discuss your matter or book a consultation if you need legal advice.
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