Keeping up to date with the various changes in immigration law can be challenging. Over the last five years, the UK has changed the Rules, on average, 5.4 times a year. Each Statement of Changes usually enacts multiple amendments to the Rules and contains different transitional arrangements for those changes.
In total, the changes to the Immigration Rules in 2025 amounted to 432 pages, so it has been a very busy year. However, the Government White Paper, which is not included in those 432 pages, indicated that wide changes to the Rules were planned, and not all of them have been implemented. We can therefore expect further changes in 2026.
1. Changes to the qualifying period for Indefinite Leave to Remain
One of the most significant changes we are likely to see is an increase to the qualifying period for indefinite leave. At the moment, someone who holds a Skilled Worker visa must complete five years in the UK in order to qualify for Indefinite Leave to Remain, or permanent residence. The Government is now consulting on changing this to a ten-year path, and in some cases, it may be even longer.
This change has the potential to be expensive for businesses, as workers will require sponsorship for longer. It may also create difficult decisions around tax, as the proposed reductions relate to “taxable income”, meaning that some employees will need to review their use of salary sacrifice schemes. The consultation is open until 12 February 2026, and we expect to see the Home Office start to introduce changes shortly afterwards.
This potential change has caused concern among existing visa holders who are unsure whether it will apply to them, particularly as one of the key points under consideration is the nature of any transitional arrangements.
We recommend that businesses follow our updates and keep their employees informed of the correct position, as there is a large amount of incorrect information circulating. At the same time, we encourage anyone who has either already reached their five-year qualifying period, or will do so shortly, to submit their applications as soon as they are able, in case the changes apply to those with existing visas.
2. Possible changes to right to work rules
Another consultation that businesses should be aware of – and potentially respond to – concerns the expansion of right to work checks to individuals who are not employees. This follows allegations that some self-employed contractors within the gig economy are working illegally, and this is not being detected through existing right to work checks, which do not apply to these workers.
With the potential fine for hiring someone without the right to work starting at £45,000 for a first offence, it is important that businesses carry out proper checks on all staff. Extending these checks to a wider range of workers will increase HR workloads and require careful monitoring to ensure compliance.
This consultation is open until 10 December 2025, so any changes are likely to come into effect in 2026.
3. Increased compliance activity
It has become a familiar refrain from immigration lawyers that the Home Office is increasing compliance checks on businesses with sponsor licences, and this will continue in 2026. We have recently seen increased use of HMRC data to verify whether employees are being paid the correct salary for their role, and this is likely to expand next year.
We recommend that employers get ahead of any potential checks by auditing their records now to ensure:
- Employees’ hours and salaries match or exceed those stated on their Certificate of Sponsorship.
- Any reduced pay due to sickness or maternity/paternity absences has been reported to the Home Office.
- Any unpaid leave has been reported to the Home Office and does not exceed four weeks in any 12-month period.
- All employees, including those without Skilled Worker visas, are being paid the National Minimum Wage.
Where salaries have reduced for other reasons, it is important to seek advice on how these should be reported and whether they remain compliant with the Immigration Rules.
Other areas likely to be checked by the Home Office, and therefore requiring monitoring, include:
- Whether an employee’s role has changed, and if so, whether this alters their visa job category (SOC code). If an SOC code changes, a new visa must be granted before the person starts the role.
- Whether right to work processes and records are up to date.
Summary
2026 promises to be another year of significant changes within immigration law, and it is important that businesses take steps to stay ahead of these developments and manage their impact on operations. We can support HR, Compliance and Global Mobility teams in understanding the effects of these changes on their workforce, budgets and processes. We can also provide training and assist in implementing new procedures to ensure ongoing compliance.
If you have any questions about these potential changes, or any immigration law issue, please get in touch.
