News Update – 20 March 2026
This week, UK immigration has been dominated by escalating political debate over the Government’s earned settlement reforms. Notable developments on asylum seekers’ right to work, the integrity of English language testing, and the lawfulness of AI in asylum decision-making.
The Government’s plan to double the route to settlement from five to ten years has triggered significant backlash from within the Labour Party. Angela Rayner, the former Deputy Prime Minister, in her recent speech described the proposed changes as “un-British” and a “breach of trust”, warning that migrants already in the system who made significant investments now fear for their future. She argued that retrospectively extending the qualifying period for indefinite leave to remain amounts to moving the goalposts for people who are already contributing to the economy and the country.
In response to the growing unrest, press reports suggest that Keir Starmer is now considering softening the impact of the changes by exempting large numbers of people from the new rules. Under the consultation proposals, those working in the public sector could retain the existing five-year route to settlement, and those close to qualifying may also be shielded. Ministers are said to be debating how far those exemptions should extend, though Downing Street has confirmed they will not cover everyone already in the country.
The Home Office has maintained that the standard route to settlement will be doubled to ten years, with a tiered system allowing faster settlement for higher earners and longer waits for those who have claimed benefits. It remains to be seen how the consultation responses will shape the final policy, but advisers should be alert to the possibility of significant changes before implementation.
The Home Office has announced an important change to the right to work rules. From 26 March 2026, asylum seekers who have been waiting 12 months or more for an initial decision on their claim, will be permitted to work in any occupation listed in Appendix Skilled Occupations at RQF level 6 (graduate level) or above. This replaces the previous restriction limiting permitted employment to roles on the Immigration Salary List, which excluded most health professions.
The change means that asylum-seeking doctors, nurses, dentists, pharmacists and other qualified health professionals will now be able to take up employment in the NHS and other sectors. Employers will still need to carry out standard right to work checks, and NHS Employers has confirmed it will update its guidance once the legislation is formally in place.
Elsewhere, concerns have been raised about the Home Office’s plans to move English language testing for visa applicants to a fully remote, digital format. Under a new £816 million contract that could be operational by December 2026, applicants would be able to sit their English exams at a location of their choosing. The IELTS consortium, which comprises the British Council, Cambridge University Press and Assessments, and IDP, has written to the Home Secretary warning that the move risks opening the door to fraud and criminal exploitation.
The consortium cautioned that remote testing is vulnerable to impersonation, screen-sharing, earpiece use and AI-assisted cheating and said it could not endorse the proposed approach. The Home Office has said it is still in the process of finding a provider who meets the highest standards of security and fraud prevention. Immigration advisers should be aware that the integrity of English language testing requirements may become a significant issue as these plans develop.
Finally, a detailed legal opinion published by the Open Rights Group has concluded that aspects of the Home Office’s use of artificial intelligence in asylum decision-making are likely to be unlawful. The opinion, authored by Robin Allen KC and Dee Masters of Cloisters Chambers together with Joshua Jackson of Doughty Street Chambers, examines two generative AI tools currently used in the asylum process. The Asylum Case Summarisation tool produces summaries of applicant interviews, while the Asylum Policy Search tool retrieves country-of-origin information for caseworkers.
The opinion argues that both tools generate new text rather than simply organising existing material, creating a risk that crucial information may be filtered out. Critically, the opinion concludes that asylum seekers are not being told that AI is being used in the assessment of their claims, nor are they given access to the AI-generated outputs.
The authors argue this is likely unlawful on grounds of procedural fairness, data protection obligations under the UK GDPR, and the Public Sector Equality Duty. Immigration advisers representing asylum clients should take note, as the opinion may open the door to legal challenges where AI tools have played a role in decision-making.
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For the full list of updates on media news, reports and Home Office Guidance and Policy updates, see our Immigration News Weekly Update SEE BELOW
Immigration News
Rayner warns immigration reforms risk being ‘un-British’ – BBC News
Ministers want to double the time it takes most migrant workers to qualify for permanent residence from five years to 10 years, while in the case of refugees it could take 20 years. Angela Rayner has warned Government proposals to make it harder for migrants already in the UK to settle permanently are “un-British” and a “breach of trust”. To view the full article, visit here
Starmer plans to ease impact of immigration policy changes after backlash from Labour MPs – The Guardian
Keir Starmer is hoping to soften the impact of his Government’s changes to the immigration system after a backlash from Labour MPs and a dramatic intervention from his former deputy Angela Rayner. The Prime Minister is considering exempting large numbers of people from the proposed changes, which would make it harder to achieve settled status in the UK, as he attempts to keep his restive party onboard. To view the full article, visit here
Moving English tests for migrants’ online risks criminal abuse, providers warn – BBC News
Moving English tests online for migrants who want a visa to come to the UK could open the door to fraudsters and criminal gangs, the largest international providers of English language exams have warned. Under the new £816m contract, which could be operational by December, English exams for Home Office visas would become “fully digital” and could be sat at a location of an applicant’s choosing. A large consortium of current providers warned Home Secretary Shabana Mahmood the move risked undermining her wider goals to secure UK borders. To view the full article, visit here
Home Office U-turn will let some dual nationals use EU passport to enter UK – The Guardian
British dual nationals who are EU citizens with post-Brexit settlement status in the UK will not have to use a British passport to return to the UK, the Home Office has said in a significant U-turn on its controversial dual national border rules. To view the full article, visit here
Asylum appeal backlog doubles in a year, Home Office statistics show – The Guardian
Home Office statistics released on Thursday show more than 80,000 cases were waiting to be reassessed at the end of 2025, a 91% increase on a year before. The backlog significantly outnumbers the number of people waiting for their initial decision, which was 64,000 at the end of December 2025. To view the full article, click here
Hongkongers on BN(O) pathway won’t face tougher English test, UK confirms – South China Morning Post
The UK Government has confirmed that stricter English language requirements for immigrants announced earlier this month will not apply to Hongkongers using the British National (Overseas) visa pathway. The clarification from Minister for Migration and Citizenship Mike Tapp came after more than 30 members of parliament sent a letter to the Home Office last month urging it to maintain the existing English threshold for BN(O) applicants. To view the full article, click here
Warning over changing European Convention on Human Rights – The Herald
The UK’s three national human rights institutions have issued a rare joint warning that weakening protections under the European Convention on Human Rights (ECHR) would risk the rights of everyone in the country. The intervention comes amid ongoing debate over immigration and human rights law. To view the full article, click here
Asylum-seeking doctors, nurses and other health professionals granted right to work – NHS
The Home Office has announced a change to the immigration rules that will reinstate the right to work for asylum seekers. From Thursday 26 March 2026 asylum-seeking qualified doctors, nurses and other health professionals will have the right to work in the UK after a period of 12 months. To view the full article, click here
Case Law
R (YC) v Secretary of State for the Home Department [2026] EWCA Civ 285
The Court of Appeal ruled 2-1 that the Home Secretary has an implied power to correct an obvious clerical error in which ILR was granted instead of limited leave, provided the mistake was apparent to the recipient and corrected promptly. The dissenting judge argued that section 76 of the 2002 Act is a complete code for revoking ILR and no implied power can override it. To view the full decision, visit here
R (CHD) v Secretary of State for Defence [2026] EWHC 566 (Admin)
The High Court found that an ARAP refusal was unlawful because the decision-maker wrongly concluded that promoting the rule of law and a functioning justice system in Afghanistan were not UK national security objectives, when the historical evidence clearly showed they were. The court also held that unpublished caseworker guidance applied in the decision should have been published. The Defence Secretary withdrew the decision and was directed to urgently reconsider the application. To view the full decision, visit here
Disha v SSHD (HU/60457/2023)
The First-tier Tribunal allowed a deportation appeal by an Albanian national, finding that deporting him would be unduly harsh on his British citizen child, who has complex behavioural needs and suspected autism. The child’s carefully built support network of school interventions and parental strategies would be lost if relocated to Albania, where services are limited, and the father’s removal from the UK would be catastrophic for the child’s development given his central role in managing their difficulties. To view the full decision, visit here
Independent Reports
The Use of Artificial Intelligence Tools by Government: A Case Study of The Home Office’s Asylum Practice. Opinion by Cloisters Chambers’ Robin Allen KC and Dee Masters and Doughty Street Chambers, published by Open Rights Group.
A legal opinion published by the Open Rights Group argues that the Home Office’s use of two generative AI tools in asylum decision-making, one summarising applicant interviews and another searching country-of-origin information is likely unlawful, particularly because applicants are not told AI is being used, are not given access to the AI-generated outputs, and there are unaddressed concerns around accuracy, procedural fairness, data protection and equality duties. To view the full report, visit here
Lady Chief Justice raises concerns over unclear plans to replace immigration tribunal – Conference, The Royal Courts of Justice
The Lady Chief Justice has said the judiciary is still waiting for concrete details from the Government on its plan to replace the First-tier Tribunal (Immigration and Asylum Chamber) with a new adjudicator-based appeals body, noting that no timeline or proposals have been shared despite a 123% increase in tribunal receipts and ongoing judicial recruitment. To view the full report, visit here
Home Office Guidance and Documents Policy Update
Guidance Register of licensed sponsors: workers has been updated on 18th March 2026. To view the updated Guidance, visit here
Guidance: Register of licensed sponsors: students has been updated on 18th March 2026. To view the updated Guidance, visit here
Guidance Endorsing bodies: Innovator Founder and Scale-up visas has been updated on 16th March 2026. To view the updated Guidance, visit here
Collection UKVI support videos have been updated on 16th March 2026. To view the updated Guidance, visit here
Guidance Windrush Scheme: full eligibility details have been updated on 16th March 2026. To view the updated Guidance, visit here
Guidance Windrush scheme: caseworker guidance has been updated on 19th March 2026. To view the updated Guidance, visit here
Guidance Kazakhstan: tuberculosis test clinics for a UK visa has been updated on 16th March 2026. To view the updated Guidance, visit here
Guidance Form AN: guidance to apply for citizenship by naturalisation has been updated on 13 March 2026. To view the updated Guidance, visit here
Guidance Form ROA: guidance, to apply for a certificate of entitlement proving you have the right to live and work in the UK. has been updated on 13th March 2026. To view the updated Guidance, visit here
Guidance Form B(OTA): guidance on registering as a British citizen for Irish citizens and certain types of British national has been updated on. 13th March 2026. To view the updated Guidance, visit here
Written by Shareen Khan – Legal Content Writer, HJT Training
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.