
News Update – 20 February 2026
The Government’s push to tighten the earned settlement framework is drawing significant criticism this week, with Hongkongers on the BN(O) route at the centre of the debate. Under the proposed reforms set out in the Immigration White Paper, applicants seeking permanent settlement would face an A-level standard English language test and a minimum earnings threshold of £12,570 per year.
For many BN(O) holders particularly full-time carers, students, and pensioners these requirements present a very real barrier to settlement. A survey of over 6,600 BN(O) visa holders, commissioned by MP James Naish, indicates that only 8% of households would fully qualify under the new rules. Thirty-six Labour MPs have urged the Government to honour the commitments made to the Hongkonger community. The Home Office states that BN(O) holders remain eligible for settlement after five years shorter than for most migrants and is considering possible exemptions to the earnings requirement. Advisors should expect increased enquiries from concerned BN(O) clients about these changes.
Meanwhile, British dual nationals face new entry documentation requirements starting 25 February. Until now, a British dual national from a non-visa-required country could use their foreign passport to re-enter the UK. That is changing. From next week, they must present either a British passport or a digital certificate of entitlement, and airlines will be conducting checks before departure. The problem is that neither document is issued automatically upon acquiring citizenship, meaning many dual nationals who have lived and worked in the UK for decades have simply never applied for one. Processing times run to several weeks, a British passport costs around £100, and the certificate of entitlement carries a considerably steeper fee of £589. Several individuals caught out by the changes have described the experience as a betrayal, with one person pointing out the painful irony that she would be in a better position had she never applied for British citizenship at all.
The Government has said guidance has been publicly available since October 2024, but critics including the EU citizens’ advocacy group the3million argue the communications effort has fallen far short of what was needed. Advisors working with dual national clients, particularly those currently abroad, should urgently review their travel documentation status ahead of next week’s deadline.
On a broader question of reducing net migration through domestic workforce development, a timely report from Oxford University’s Migration Observatory adds an important note of caution to Government’s ambitions. The research, published this week, concludes that training more British workers is unlikely, on its own, to close skills gaps or bring down net migration figures. The reasons are structural rather than incidental. In many sectors such as care, hospitality, construction the difficulty in attracting local workers stems not from a lack of availability but from poor pay and working conditions that make these roles unappealing to the domestic workforce.
Furthermore, of the 3.45 million non-EU nationals who received visas following Brexit and still held valid immigration status at the end of 2024, only 17% arrived as main applicants on work visas. The remaining entered as students, dependants, or on family routes all of whom carry work rights and can fill employer demand regardless of work visa restrictions. The report also flags the risk of “free riders” under any sector-based training mandate and notes significant data gaps that make it difficult to even measure how migration is interacting with the UK’s skills base.
Finally, the Government’s enforcement-first posture on illegal migration and removals was thrown into uncomfortable relief this week by a story that will likely prompt renewed scrutiny of operational procedures.
On immigration enforcement, a private deportation flight for an Egyptian national was cancelled after the man, who had a documented history of disruptive behaviour during removal attempts, swallowed a lithium vape battery whilst in segregated detention ahead of the planned flight. He was taken to hospital, treated successfully, and returned to detention. The Home Office contractor Mitie is investigating the circumstances, and the Home Office has confirmed that deportation action will proceed as soon as possible. The incident is a reminder that enforcement operations carry significant duty of care obligations, and that failures in basic safeguarding protocols can derail the very processes they are meant to support. The financial cost of a cancelled chartered flight can run into hundreds of thousands of pounds, the reputational and legal costs, potentially higher still.
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For the full list of updates on media news, reports and Home Office Guidance and Policy updates, see BELOW
Immigration News
Home Office age assessment scheme endangers child refugees and must be scrapped – The Guardian
The Refugee and Migrant Children’s Consortium, which consists of more than 100 organisations including the Refugee Council, Barnardo’s and the NSPCC, has published a report analysing the performance of the Home Office’s national age assessment board (NAAB), which was set up in March 2023 to determine the ages of young asylum seekers newly arrived in the UK, often on small boats. To view the full article, visit here
Hongkongers fear ‘broken promise’ on UK settlement – BBC News
Ministers say the Immigration White Paper sets out an important principle that settlement in the UK should be earned. But a letter, signed by 36 MPs, argues families from Hong Kong are a special case because of its British colonial history, and urges the Government to honour promises made to those already here. To view the full article, visit here
Training more Britons may not cut net migration or plug skills shortages – The Guardian
Keir Starmer’s plan to force employers to be less reliant on overseas staff and instead train UK-based workers may not lower net migration, researchers have found. Skill shortages are just one of the factors contributing to employers’ demand for migrant workers, according to the University of Oxford’s Migration Observatory. To view the full article, visit here
UK private jet deportation flight cancelled after man swallows vape battery – The Guardian
A Home Office private deportation flight for one man had to be cancelled on Thursday morning after he was able to swallow a lithium vape battery shortly before being taken to the plane. Officials are now investigating the circumstances around the incident. The man, an Egyptian foreign national offender with a history of being disruptive during removal attempts, was due to take a flight from the UK via Albania to Egypt. To view the full article, visit here
UK migration could be negative this year – how will that hit the economy? – The Guardian
When Greenwich and Kent universities said this month, they would merge to save money, the heart of their financial difficulties could be found in the UK Government’s crackdown on immigration. Tough restrictions on foreign students have sent the number of university applications from abroad plummeting, cutting lucrative tuition fees and leaving all universities facing the same squeeze. To view the full article, visit here
Reeves appoints higher pay advocate to fight skills shortages as chief economic adviser – The Guardian
Rachel Reeves has appointed a labour market expert who has repeatedly called for better pay and conditions in key sectors, such as social care, to reduce the UK’s reliance on migrant workers as her new chief economic adviser. Prof Brian Bell, who chairs the independent Migration Advisory Committee (MAC), which advises the Government, has been announced as the new chief economic adviser in the Treasury, a senior civil service role. To view the full article, visit here
Dual nationals to be denied entry to UK from 25 February unless they have British passport – The Guardian
Dual British nationals have been warned they may be denied boarding a flight, ferry or train to the UK after 25 February unless they carry a valid British passport. The warning by the Home Office comes amid scores of complaints from British people living or travelling abroad who have suddenly found themselves at risk of not being allowed into the UK. To view the full article, visit here
Ryanair may let dual nationals board UK flights without a British passport – The Guardian
British dual nationals may be able to board Ryanair flights in Europe to the UK even if they do not have a current British passport when new immigration rules come into force next week, the airline has said. The airline is complying with controversial rules being introduced by the Home Office but has said alternative documents that prove a person is a British national may be accepted. To view the full article, visit here
Case Law
Tasib, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 139 (Admin)
The High Court dismissed Mr Tasib’s challenge after the Home Office stranded him abroad by refusing re-entry without prior notice of his deportation decision. The court held that ILR does not constitute a fundamental right and that a Stage 1 notice amounts to a deportation decision, though significant legal questions remain live pending further appeals. To view the full decision, visit here
Refugee & Migrant Forum of Essex and London & Adjei v Secretary of State for the Home Department [2026] EWCA Civ 86
The Court of Appeal upheld the Secretary of State’s appeal regarding section 55 of the Borders, Citizenship and Immigration Act 2009. The claimants, migrants on section 3C leave without proof of status before eVisas were implemented, failed to specify which decision triggered the section 55 duty to consider children’s best interests. This omission prejudiced the Secretary of State’s defence. Additionally, the Court found the High Court’s declaration incorrect, as it treated the breach as substantive rather than procedural, contrary to section 55’s nature. To view the full decision, visit here
ACN v Secretary of State for the Home Department [2026] EWHC 297 (Admin)
The High Court dismissed a judicial review by a bisexual Cameroonian asylum seeker challenging the lack of statistical monitoring of LGBT+ asylum accommodation, arguing it breached the Public Sector Equality Duty (PSED). Mr Justice Poole found no legal requirement to conduct such monitoring in every case, noting there was no evidence of disproportionate adverse impact as seen in previous cases involving other protected groups. The Court concluded that statistical monitoring was not necessary for fulfilling the PSED in this instance, so the claim was rejected. To view the full decision, visit here
ABB v Secretary of State for the Home Department [2026] EWCA Civ 61
The Court of Appeal overturned a costs order, allowing an Afghan national to recover all costs from judicial review proceedings, not just 75%. ABB sought entry clearance under the Ukraine schemes after living in Ukraine with his Ukrainian wife but was refused due to questions about their relationship. The SSHD delayed responses, failed to follow protocol, and reversed her decision right before the hearing. Entry clearance was ultimately granted for 36 months outside Immigration Rules. The Court found ABB achieved exactly what he sought, so costs should not be reduced simply because not all grounds succeeded; the main test is whether the claimant got the desired outcome. To view the full decision, visit here
Independent Reports
Immigration Fees – Research Briefing by House of Commons Library
A House of Commons Library briefing from February 2026 outlines UK immigration fees, revealing Government income from these sources exceeded £6 billion in 2024. Current charges include £127 for a visitor visa, £524 for a student visa, £3,029 for settlement, and £1,605 for naturalisation, plus an annual health surcharge of £1,035 for most migrants. Fees have risen sharply since the early 2000s, with UK rates far higher than other countries, a five-year Skilled Worker visa costs about £12,500, roughly 1,000% above the global average. Since July 2024, the Starmer Government has kept most fees steady but increased employer charges, including a 32% rise in the immigration skills charge and 120% hike for certificate of sponsorship fees, with plans for further fee increases in 2026. To view the full report, visit here
Home Office Guidance and Documents Policy Update
Guidance: Register of licensed sponsor’s workers has been updated on 17th February 2026. To View the updated Guidance, visit here
Guidance: Register of licensed sponsor’s students has been updated on 17th February 2026. To view the updated Guidance, visit here
Guidance: Endorsing bodies: Innovator Founder and Scale-up visas has been updated on 17th February 2026. To view the updated Guidance, visit here
Guidance: India Young Professionals Scheme visa ballot system has been updated on 17th February 2026. To view the updated Guidance, visit here
Guidance: Syria country policy and information notes has been updated on 16th February 2026. To view the updated Guidance, visit here
Guidance: Nigeria tuberculosis test clinics for a UK visa has been updated on 16th February 2026. To view the updated Guidance, visit here
Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa) has been updated on 13th February 2026. To view the updated Guidance, visit here
Guidance: Modern slavery victims’ referral has been updated on 13th February 2026. To view the updated Guidance, visit here
Written by Shareen Khan