Immigration News Update – 13 November 2026
This week, UK immigration news centres on the concerns and criticisms Home Secretary’s, 2nd November, earned settlement statement. Other developments include the3million’s EU Settlement Scheme claim, a trafficking ruling on kidnapping for ransom, new immigration raid data and an inspection of the UK–France ‘one in, one out’ returns pilot. Each is summarised below by route or area of the system.
Earned Settlement Updates
On 2nd November 2026, Home Secretary Shabana Mahmood confirmed a ten-year baseline route to indefinite leave to remain (ILR) for most migrants not yet settled, with shorter routes for higher earners, certain public service workers and those with a British connection. Care workers who arrived before May 2025 and earn more than £25,000 retain a five-year route. Changes to the Immigration Rules are expected in December 2026, with implementation during 2027.
The Women and Equalities Committee warned that longer settlement routes could disproportionately affect women and children, particularly those in refugee families. It called for a full equality impact assessment, flexibility for domestic abuse victims and caution over stricter tests for children’s trafficking claims. The Home Office said domestic abuse victims, children in care and unaccompanied asylum-seeking children would remain outside the framework; other children would settle with their parents without age-inappropriate income or language tests. It also said the Immigration and Asylum Bill would strengthen child safeguarding.
The Refugee Council questioned a policy footnote moving refugees who claimed asylum before 2nd March 2026 outside safe and legal routes to core protection, despite earlier assurances of five-year settlement eligibility. This model provides renewable 30-month permission and a 20-year settlement route, rising to 30 years for irregular arrivals.
It has been reported that around 200,000 refugees could face repeated reviews, prompting concerns about uncertainty and administrative costs; the Home Office denies any policy change. A Protection Work and Study route may offer settlement after ten years, but time on core protection would not count towards it.
Full coverage on the procedure, rules and regime on Settlement on various routes covered in Mastering Immigration Law. To unlock, subscribe here
Skilled Worker Route
Skilled Worker Justice Alliance prepares for possible judicial review of earned settlement changes
The Skilled Worker Justice Alliance (SWJA) announced that it is advancing preparations for a possible judicial review of the earned settlement reforms. The group argues that the changes should not apply retrospectively to Skilled Worker visa holders, and their dependants, who entered or switched into the route before 12 May 2025, the date on which the Immigration White Paper was published. It is asking the Home Office to preserve the five-year route to ILR for this group, subject to the salary requirements and transitional provisions of the previous rules. The SWJA says it does not dispute the Government’s power to change the rules for the future, but objects to altering settlement conditions for people who made employment, family and financial decisions in reliance on the published five-year route.
The legal issues under consideration are substantive retrospectivity, legitimate expectation and procedural unfairness. The SWJA is fundraising to obtain an initial written opinion from a King’s Counsel specialising in public law and says any decision to issue proceedings will depend on that advice, the available evidence, the timing and content of the Government’s decisions, and funding.
Full coverage on the procedure, rules and regime on Skilled Worker visa covered in Module 7 of Mastering Immigration Law. To unlock, subscribe here
EU Settlement Scheme
the3million issues High Court claim over ‘granted in error’ policy
The campaign group the3million has lodged a claim in the High Court alleging that the Home Office breached the UK–EU Withdrawal Agreement when it told almost 1,500 EU citizens and family members that their status under the EU Settlement Scheme (EUSS) had been granted in error. Under the policy, pre-settled status treated as granted in error is allowed to lapse, while settled status holders keep their status but lose the right to be joined by family members under the Withdrawal Agreement. The claim argues that these decisions were taken without the procedural safeguards the agreement requires, including a right of appeal and an assessment of proportionality. Those affected include Brazilian nationals with Italian citizenship by descent who had not produced an Italian passport; in October 2026 the Home Office accepted that evidence of Italian citizenship acquired by descent would be treated as showing Italian nationality from birth.
the3million is asking the court to declare the policy unlawful, as a breach of the Withdrawal Agreement or under common law, and to remove the offending parts of it. Its lawyers argue that the EUSS was deliberately operated more generously than the agreement required, with evidential flexibility and discretion applied in many cases, so that many status holders cannot know the legal basis on which their status was granted. Monique Hawkins, the group’s acting chief executive, said the Home Office was ‘putting the cart before the horse’ by denying people these safeguards on the basis that they are plainly outside the agreement. In 2022 the Independent Monitoring Authority, supported by the3million, successfully challenged the Home Office’s treatment of pre-settled status in the High Court. The Home Office said it could not comment while proceedings are ongoing.
Full coverage on the procedure, rules and regime on EUSS Applications covered in Module 11 of Mastering Immigration Law. To unlock, subscribe here
Modern Slavery and Human Trafficking
Court of Appeal rules kidnapping for ransom must be assessed as possible exploitation
The Court of Appeal has dismissed the Home Secretary’s appeal in a case brought by a 25-year-old Syrian asylum seeker who was kidnapped and held for ransom in Libya. The claimant fled Syria to avoid military conscription and in 2021 was abducted with other Syrian nationals, held for around a month and released only after his family paid a ransom. He crossed the Channel in May 2022 and claimed asylum. The Home Office refused to accept that he was a victim of trafficking because he had not been forced to work for his captors and so, in its view, had not been exploited. The High Court found in his favour in R (AAM) v Secretary of State for the Home Department [2025] EWHC 447 (Admin), and the Court of Appeal has upheld that outcome, finding that the Home Secretary erred by not considering whether the kidnapping itself amounted to exploitation.
The judgment does not mean that everyone held for ransom will be recognised as a victim of trafficking, as each claim must still be decided on its own facts. However, people whose claims were refused on the basis that kidnapping for ransom is not exploitation may now be able to seek a fresh referral into the National Referral Mechanism (NRM) and a new reasonable grounds decision. Kidnapping for ransom is a common risk for people travelling through Libya, many of whom are fleeing Sudan, Eritrea and parts of the Middle East, so the ruling may affect a considerable number of past and future claims. The claimant’s solicitor, Jeremy Bloom of Duncan Lewis, welcomed the decision, while the Home Office said it would not be appropriate to comment on legal proceedings.
Full coverage on the procedure, rules and regime on Victims of Trafficking covered in Module 4 of Mastering Immigration Law. To unlock, subscribe here
Immigration Enforcement: data shows most enforcement visits end without arrest
Freedom of information data published by the Bureau of Investigative Journalism has reported that Immigration Enforcement carried out 23,538 enforcement visits in 2025. That is more than 60 a day and around 40% more than in 2023. Two-thirds (66.1%) of visits led to no arrest. Warrants were used in only about a quarter of visits where premises were entered, down from more than 40% a decade ago. Most leads (89%) came from members of the public or Crimestoppers. Critics describe many visits as speculative, while Home Office says visits are based on intelligence and comply with policy, and points to a 122% rise in illegal working arrests since the general election.
Separate figures from the Joint Council for the Welfare of Immigrants (JCWI) show that only 21% of raids in 2025 were carried out under a warrant. In most other cases officers relied on the occupier’s consent, which can be withdrawn at any time, or on licensing powers. Homes were the most common target (36%), followed by restaurants, takeaways and cafés (15%). Only 12% of the 36,535 people encountered were detained.
Full coverage on the procedure, rules and regime on Enforcement, Detention, Removal and Deportation covered in Module 13 of Mastering Immigration Law. To unlock, subscribe here
Asylum Accommodation: £3.4m design contract awarded for proposed RAF Barnham site
The Home Office has awarded Kier a £3.4m design contract for proposed asylum accommodation at RAF Barnham in Suffolk, potentially housing up to 931 people through a fast-track planning process as it moves away from hotels. No final decision or upfront payment has been made; work will be commissioned only if needed, and ministers can end the contract at any time. The site requires extensive upgrades, while local representatives question the spending, overall costs and environmental suitability.
Full coverage on the procedure, rules and regime on Enforcement, Detention, Removal and Deportation covered in Module 8 and 9 of Mastering Immigration Law. To unlock, subscribe here
Small Boat Crossing: Home Office corrects ‘uncontrolled landing’ label for Dover arrival
The Home Office says the Dover arrival of 21 people on 9 November was wrongly labelled an ‘uncontrolled landing’: the boat was tracked and intercepted on land for safety, with everyone detained and processed. The correction follows an urgent review after two un-intercepted landings in September. Between 6 and 9 November, 924 people arrived on 15 boats; the department says crossings are down, citing more than 48,000 attempts prevented and 1,100 boats and engines seized through joint work with France since the general election, with more UK officers planned for deployment there.
UK–France Returns Pilot: ICIBI finds ‘one in, one out’ scheme workable but lacking clear measures of success
The Independent Chief Inspector of Borders and Immigration found the UK–France ‘one in, one out’ pilot returning small boat arrivals in exchange for legal admissions operationally workable and legally sound but lacking clear success criteria and a full value-for-money assessment. Inspectors highlighted pressure on detention capacity and French refusal rates of up to 50% in some cohorts, while NGOs raised legal advice and safeguarding concerns. The Home Office accepted recommendations to review lessons before staff redeployment, set measurable objectives for future pilots and assess faster, cheaper alternatives.
Case Law
Jen & Jamie Ltd v Secretary of State for the Home Department [2026] EWCA Civ 1446
The Court of Appeal considered how far the County Court can reduce an illegal working civil penalty on appeal under section 17(3) of the Immigration, Asylum and Nationality Act 2006. The court held that the starting point is the penalty level set out in the 2024 Code of Practice, which Parliament has approved, so a court cannot choose its own starting point or reduce a penalty to nothing.
Because section 17(3)(b) also allows the court to consider “any other matters” it thinks relevant, factors outside the Code can justify a reduction where they are supported by evidence. These include totality, the employer’s means and an effective right to work checking system. The £80,000 penalty notice against Somerset Convenience Store was found valid. However, its challenge to the amount was sent back to the County Court so that its means could be properly examined. The Home Office withdrew the second appellant’s notice as invalid after the Supreme Court’s ruling in Akbars and has served a new one. Full decision here
Looking ahead
The Statement of Changes to the Immigration Rules implementing earned settlement is expected in December 2026. Until the final rules and transitional provisions are published, advisers should be cautious about predicting settlement dates for clients and should check eligibility carefully for anyone who can apply for ILR under the current rules.
HJT’s upcoming courses and Mastering Immigration Law subscription offer an excellent way to stay up to date with the latest Immigration Rules changes and Home Office policy updates. Combine expert-led training with regularly updated resources to support your day-to-day casework. To find out more, explore our upcoming courses or click here for Mastering Immigration Law.
Home Office Guidance and Policy Updates
To view the Home Office Guidance and Policies updated between 7th November 2026 to 13th November 2026 visit here
What’s On
Judicial Review Conference 2026
Immigration Law Review of the Year 2026
For assistance with booking, email us at enquiries@hjt-training.co.uk or call us on 07446466898
Useful links
‘Home Office sued after stripping almost 1,500 EU citizens of right to live in UK’
the3million, We’re challenging the Home Office’s granted in error policy
Court rules against Home Office in asylum seeker kidnapping case
R (AAM) v Secretary of State for the Home Department [2025] EWHC 447 (Admin)
‘UK immigration raids without warrants rise to record high
Mahmood’s ICE-style immigration raid agency accused of fishing expeditions
The Voice, ‘Home Office carried out over 60 raids a day, charity says’, 2026
RAF Barnham migrant camp plan to be drawn up after £3.4m contract
GOV.UK, ‘MoD Barnham, Suffolk: factsheet’
Small boat crossing was not uncontrolled landing
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.