News Update – 30 January 2026
In the final week of January 2026, saw important changes in UK immigration affecting every Level 1 User and Sponsor Licence holder. Additional key events include upcoming Parliamentary debate on Indefinite Leave to Remain (ILR), urgent visa fraud investigations, and intensified Home Office compliance audits.
On 2 February 2026, Parliament will debate two pivotal petitions regarding Indefinite Leave to Remain, reflecting a deep public concern over the Government’s proposed Earned Settlement model. The central controversy involves whether the standard ILR qualifying period should extend from the current five years to a ten-year requirement. Crucially, the debate will address whether this change should apply retroactively to those already residing in the UK on a Skilled Worker visa or a Health and Care Worker visa.
The Home Office responded to these concerns by launching the Earned Settlement Consultation, which remains open for public and professional feedback until 12th February 2026. This consultation specifically seeks views on the fairness of applying the 10-year settlement rule to existing visa holders who arrived under the “five-year promise”. Under the proposed points-based framework, eligibility for earned settlement would be tied to high taxable income thresholds, sustained National Insurance contributions, and a demonstrated English language ability at the B2 Level, which became mandatory for most routes earlier this month.
For the migrant community, the prospect of retroactive immigration rules creates an existential crisis regarding long-term planning. The transition to a ten-year timeline would not only delay security but also introduce substantial visa renewal costs and administrative burdens that were not present when many began their journey. This debate signals that pathways to settlement are undergoing most significant transformation, since the post-Brexit points-based system was introduced.
While the policy debate continues in Parliament, a separate integrity crisis has emerged within the Skilled Worker visa system. A major investigation has recently exposed sophisticated criminal networks selling fraudulent job offers and fake Certificates of Sponsorship (CoS) to vulnerable applicants. These “visa agents” often charge fees as high as £13,000 to fabricate employment records, allowing individuals to obtain or extend UK work visas without holding a genuine position.
These criminal operations frequently utilize “payroll only” arrangements, where the migrant pays their own salary and employer taxes back to the sponsor to create a veneer of legitimacy. One agent was recorded explicitly stating that while an individual would be working for a company “on paper,” they would not be performing any actual duties. This level of immigration fraud has permeated sectors including hospitality, IT, and healthcare, with many schemes being advertised openly across social media platforms.
The prevalence of ads for a “Social care worker visa without work” has placed social media giants under scrutiny. Despite claims of proactive detection, the persistent reappearance of such content has triggered questions regarding enforcement under the Online Safety Act. Consequently, the Home Office has launched a formal investigation into these fake job schemes, supported by a new criminal offense targeting the online promotion of services that facilitate breaches of UK immigration law.
For legitimate employers, the fallout from these investigations is a tightened enforcement climate. The Home Office is now utilizing an intensified HMRC data-sharing protocol to identify discrepancies between the salary figures stated on a Certificate of Sponsorship and the actual payroll data submitted via Real Time Information (RTI). This digital oversight allows the Home Office to trigger Sponsor Licence compliance audits without prior warning if financial inconsistencies are detected.
The gravity of this crackdown was underscored by a recent High Court ruling in the case of Geocare Services Ltd. The provider saw its Sponsor Licence revoked after HMRC data revealed that sponsored workers were being paid significantly less than the amounts declared on their CoS. The High Court upheld the revocation, ruling that underpayment is a mandatory ground for losing a licence. The judgment clarified that a Sponsor Licence is a privilege, not a right, and that the Home Office is not required to consider the impact on a business or its staff when enforcing mandatory compliance rules.
This case serves as a vital reminder that Sponsor Licence holders must use the Sponsorship Management System (SMS) to report any reduction in hours or salary within ten working days. Failure to maintain these records accurately can lead to immediate enforcement action, often resulting in the curtailment of visas for all sponsored staff. In this environment, CoS accuracy and proactive auditing are the only ways for an organization to protect its ability to employ international talent.
Despite the focus on enforcement and tightening rules, the UK continues to face challenges in its ambition to attract global research and development talent. A recent report has highlighted the punitive cost of UK visas for international researchers, citing high application fees and the Immigration Health Surcharge (IHS) as significant deterrents. These upfront costs, which often exceed £3,000 for a single applicant, create a “hidden barrier” that contradicts the Government’s stated goal of making the UK a global science powerhouse.
While there have been tentative signals regarding the reduction of barriers for skilled workers, the current UK immigration policy 2026 remains expensive and complex. Experts argue that until the cost structure is reformed, the UK may struggle to compete for the brightest minds in science and the arts.
However, amidst these mounting pressures and cost the Global Talent visa has emerged as a compelling unsponsored alternative to the increasingly costly and restrictive Skilled Worker route. Allowing highly skilled professionals and researchers to bypass salary thresholds, sponsorship fees, and CoS bureaucracy whilst retaining freedom to move between jobs, institutions, and self-employment ventures. For immigration advisors in 2026, understanding this strategic advantage has become essential.
Recognising the growing importance of this route for immigration advisors, HJT Training has scheduled a live webinar An Introduction to Navigating the Popular Global Talent Route on Wednesday 22 April 2026. Led by Vincent Chung of Burness Paull LLP, this intensive session covers endorsement criteria, evidence requirements, the endorsement review process, and the visa application procedure across academia, arts, and digital technology sectors. For more information or to book, visit HERE
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For the full list of updates on media news, reports and Home Office Guidance and Policy updates, SEE BELOW.
News
MPs will debate two petitions relating to Indefinite Leave to Remain – UK Parliament
On Monday 2 February, MPs will debate two petitions relating to indefinite leave to remain. In response to the petition, provided on 4 December 2025, the Government said: The earned settlement consultation is seeking views on whether the increase in settlement qualifying period will apply to people already in the UK. No decision has been taken on this point. For full news, visit here
New UK Passport Rules Leave Dual Citizens Rushing for Certificates of Entitlement – VisaHQ
The UK confirmed that, from 25 February 2026, dual nationals must present either a valid British passport or a digital Certificate of Entitlement (COE) to exercise UK citizenship at the border. Under current practice many dual citizens enter the UK on the passport that is most convenient often the document with the longest validity or the cheapest renewal fee. The reform closes that loophole as part of the Home Office’s transition to a fully digital immigration system anchored by Electronic Travel Authorisations (ETAs) and eVisas. For full news, visit here
Migrants ‘buying fraudulent job offers to secure skilled worker visas’ in UK – Independent
An investigation by The Times uncovered ‘visa agents’ offering false job records, identifying 250 examples of fake jobs used to support skilled worker visa applications. Migrants reportedly paid up to £13,000 for falsified documentation, including CVs and bank records, to obtain certificates of sponsorship for non-existent employment. For full news, visit here
When sponsor compliance goes wrong – report by The Lawyer
The High Court has refused permission to judicially review the Home Office’s immediate revocation of a care provider’s Sponsor Licence, underlining that sponsor compliance obligations are strict and enforceable and that non-compliance can swiftly cost sponsors their ability to employ migrant workers. For full news, visit here
Rwanda seeks £100m from UK over axed asylum deal – BBC News
The Rwandan Government is claiming it is owed £100m by the UK over payments due under an asylum agreement cancelled by Prime Minister Sir Keir Starmer. Rwanda has filed an international arbitration case, arguing the UK has breached the terms of the deal to send some asylum seekers to the east African nation. For full news, visit here
Latest migration numbers – including asylum, visas and small boats – BBC News
Net migration to the UK, the number of people arriving, minus those leaving has fallen close to pre-Covid levels, according to official figures. How does that sit alongside other key migration measures, including overall immigration, small boat arrivals and visas granted? For full news, visit here
UK has removed 281 migrants under France deal – BBC News
The UK has sent back 281 migrants to France so far under its one in, one out agreement, the Home Secretary has said. The Home Office blamed an “operational complication on the French side” for the difference between the two figures. For full news, visit here
The UK must lower immigration costs for all researchers – Research Professional News
Chancellor Davos’ speech signalled tentative steps to remove barriers to skilled immigration. Despite warm words by the UK Government, if one is a skilled individual looking to come and work in UK R&D, or an organisation looking to recruit the brightest and best talent from around the world, you are faced with significant barriers. These include high upfront costs and a system that is often confusing to navigate. For full news, visit here
Handcuffs, hallucinations and riot squads: Inside the UK’s most notorious immigration detention centre – The Independent
Brook House near Gatwick airport was the subject of an independent inquiry after G4S guards were filmed abusing detainees in 2017. The Independent has obtained stark written accounts from officers at the site that reveal chaotic conditions in which restraint and force are being used against vulnerable migrants as campaigners warn of ‘widespread failures’. For full news, visit here
First asylum seekers moved into former army camp – BBC News
The first asylum seekers have been moved into a former military site in East Sussex, the Home Office has confirmed. Twenty-seven men seeking asylum have arrived at the Crowborough training camp, which will eventually be scaled up to house more than 500 migrants. For full news, visit here
Thousands march in Crowborough over asylum plan for former military camp- The Guardian
Thousands of people have marched through an East Sussex market town to protest against UK Government plans to house asylum seekers on a former military site. The plans have attracted strong opposition in the town after the first asylum seekers were moved in last week, in what is a test case for emerging Government policy. For full news, visit here
Case Law
R (Sufian) v Legal Ombudsman [2026] EWHC 28 (Admin)
An immigration barrister achieved only partial success in challenging a Legal Ombudsman decision. The High Court dismissed most of his grounds for judicial review but upheld his argument that the Ombudsman had made a material mistake of fact by omitting a page from a client care letter, necessitating reconsideration of two elements of the complaint. For full decision, visit here
R (RA & Anor) v Secretary of State for Foreign, Commonwealth and Development Affairs [2026] EWCA Civ 3.
The Court of Appeal allowed an appeal by Government departments against three High Court orders made in Afghan data breach litigation, finding that the High Court had exceeded its powers. The court held that the judge had no authority to make general directions covering cases not before them or to issue a mandatory order requiring ministers to change policy, despite acknowledging the exceptional circumstances created by the data breach and superinjunction. For full decision, visit here
R (Oji) v The Director of Legal Aid Casework [2026] EWCA Civ 11.
The Court of Appeal upheld the High Court’s decision to refuse exceptional case funding in this specific Windrush case but gave non-binding obiter views disagreeing with the judge’s reasoning. The court concluded that Article 6 of the European Convention on Human Rights could be engaged where there is a genuine dispute about eligibility for the Windrush compensation scheme, potentially opening the door to legal aid in such cases and likely affecting other compensation schemes. For full decision, visit here
Home Office Guidance and Documents Policy Update
Guidance: Register of licensed sponsors – workers has been updated on 28th January 2026. To view the full Guidance, click here
Guidance: Register of licensed sponsors: students has been updated on 28th January 2026. To view the full Guidance, click here
Updates on the move to eVisas has been published on 28th January 2026. To view the full document, click here
Caseworker Guidance: Settlement protection has been published on 27th January 2026. To view the full document, click here
Caseworker Guidance: Powers and operational procedure has been published on 27th January 2026. To view the full document, click here
Guidance: Using the ‘UK Immigration: ID Check’ app has been updated on 26th January 2026. To view the full document, click here
Guidance: UK visa requirements- list for carriers has been updated on 26th January 2026. To view the full document, click here
Guidance: Electronic travel authorisation (ETA) for dual citizens has been updated on 26th January 2026. To view the full document, click here
Collection: Children (asylum instructions) has been updated on 26th January 2026. To view the full document, click here
Immigration staff guidance on the process of the statement of evidence form ‘opt out’ pilot has been published on 26th January 2026. To view the full document, click here
Guidance Guyana: tuberculosis test clinics for a UK visa has been updated on 26th January 2026. To view the full document, click here
Caseworker Guidance: Returns preparation has been updated on 22nd January 2026. To view the full document, click here
Prove your English language abilities with a secure English language test (SELT) have been updated on 22nd January 2026. To view the full document, click here
Caseworker Guidance: Asylum accommodation request has been updated on 22nd January 2026. To view the full document, click here
Caseworker Guidance: Offender management has been updated on 22nd January 2026. To view the full document, click here
Guidance to apply for a certificate of entitlement proving you have the right to live and work in the UK has been updated on 21st January 2026. To view the full document, click here
Written by Shareen Khan – Legal Content Writer, HJT Training
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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Immigration advisors should consult the full decisions and official policy documents when advising clients on specific cases.