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Changes to Immigration Rules announced

13 Mar 2026

The Government’s latest Statement of Changes to the Immigration Rules (HC 1691) introduces several significant updates which will be implemented between 2026 and 2027. The changes will affect businesses, and migrant workers including individuals seeking settlement soon. Below, we explore the changes which are of most relevance to employers, and their practical implications.


The skilled worker route

Introduced because of the Home Office's aim to reduce the number of individuals entering the asylum system, nationals of Afghanistan will no longer be eligible for this visa if an application is submitted on or after 26 March 2026. This is being referred to as 'the Visa Brake'.

Additionally, from 8 April 2026, stricter rules relating to the calculation of salary payments will be introduced. Employers must ensure that sponsored workers are paid the required salary in each pay period, with each pay period meeting or exceeding the salary thresholds for sponsorship in the eligible role. The Immigration Rules permit some variance, for example where individuals will work irregular hours or patterns. These updates aim to further protect workers from underpayment and support work welfare, by allowing UVKI to monitor underpayment concerns and Sponsor compliance without waiting for a full year of salary.

This change coincides with a sharp increase in the number of sponsor licence revocations and suspensions in recent months, which we understand to be largely driven by increased data sharing between the Home Office and HM Revenue and Customs, allowing the Home Office to identify more easily situations in which sponsors are paying their sponsored workers less than the salary they promised to pay on the Certificate of Sponsorship.

In another update affecting sponsors, the Sponsor Guidance has seen significant updates and sponsors are encouraged to familiarise themselves with those changes. One important change is an update to sponsors' record keeping duties, requiring them to retain evidence that they give their sponsored workers appropriate information about their employment rights in the UK. This might be something which is already addressed in a sponsored employee's employment contract, but could also include training or awareness courses provided to sponsored workers.

Increased English language requirements for settlement

From 26 March 2027, settlement applicants across most visa routes will need to demonstrate English language proficiency to at least level B2 (A-Level equivalent). This is an increase from the current level B1 (GCSE equivalent). This change applies to visa routes such as Skilled Worker, partners/spouses of British citizens, Scale-up, Ancestry, Global Talent, Innovator Founder, International Sportsperson and Long Residence. The changes being implemented align with the White Paper "Restoring Control over the Immigration System" published in May 2025.

The changes will apply to those in the UK and already on a pathway to the settlement. Those affected should begin preparations early to avoid delays in their settlement applications.

Expansion of the Global Talent Route

The Global Talent visa route will undergo a significant expansion, to include a design pathway to cover additional design roles that were previously excluded. This change aims to make the UK more accessible to leading design professionals.

Furthermore, the fast-track option will be simplified to clarify eligibility for academic and research positions who wish to access the pathway. This simplification addresses confusion caused by existing provisions and reduces delays for eligible applicants.

Expanded suitability and refusal grounds

From 26 March 2026, mandatory refusal grounds will be expanded to include suspended sentences of 12 months or more. Discretionary grounds for refusal based on immigration law breaches will also apply to overseas visa applications, in addition to those made in the UK. These updates align with changes introduced under the Sentencing Act 2026 and aim to enhance enforcement measures.

Visit Visa requirements for nationals of Nicaragua and St Lucia

From 5 March 2026, nationals of Nicaragua and St Lucia will be required to apply for and obtain a visa to enter the UK as a visitor. Both countries will be removed from Appendix Electronic Travel Authorisation (ETA), which lists countries whose nationals are eligible to apply for an ETA, ending their eligibility for visa-free travel under this scheme.

However, a six-week transitional periods will allow nationals of Nicaragua and St Lucia to travel without a visa if they have confirmed travel bookings made before 5 March 2026 and an ETA to enter the UK before 3 pm (GMT) on 16 April 2026. Businesses working with clients or employees from these countries should ensure compliance with the new visa requirements.

Other notable updates

As part of the Visa Brake, nationals of Afghanistan, Cameroon, Myanmar, and Sudan will no longer be eligible for sponsored student visas. Applications submitted before 26 March 2026 will be unaffected.

Asylum seekers who have waited over a year for a decision and are permitted to work will be permitted to work in a wider variety roles, with the list of permitted roles expanded from just those which are included on the Immigration Salary List, to all roles which feature in Appendix Skilled Occupations and are considered to be skilled to degree-level or above. Additionally, the British National (Overseas) route will be expanded to include adult children of BN(O) nationals born after 1 July 1979, increasing eligibility under this route.

Learning points for Employers

The Statement of Changes to the Immigration Rules introduces several reforms that may impact both businesses and individuals. The change reflect the government's and Home Office's continued focus on compliance and worker welfare.

Employers should review their processes to ensure they are prepared for the new requirements, while individuals affected by these changes should begin preparations early to avoid disruptions to their immigration plans.


For support or advice, please get in touch with Stacey Lambert in our Immigration team.

 

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