News Update – 6 February 2026
One of the most significant immigration policy developments in recent years has come into sharp focus this week.
The UK Government has recently confirmed its commitment to the new Earned Settlement model, a policy shift that moves away from the traditional five-year pathway to Indefinite Leave to Remain. During a Westminster Hall debate on 2nd February 2026, the Minister for Migration and Citizenship, Mike Tapp, reaffirmed that the Home Office will proceed with these fundamental changes despite strong parliamentary opposition. The proposed reforms aim to establish a ten-year baseline for most settlement routes, effectively doubling the current residency requirement for many migrants living and working in Britain.
A central point of contention remains the potential for these rules to apply retrospectively to individuals already residing in the UK. During the debate, MPs highlighted the significant financial and emotional toll on families who entered the country under the expectation of a five-year route to settlement. Some examples shared in Parliament revealed that visa fees and associated costs could rise from approximately £28,000 to over £43,000 for a single family. While the Government maintains that these changes are necessary to manage pressures on public services and housing, the specific transitional arrangements for those partway through their journey are still under consultation.
The new framework introduces a performance-based approach where settlement is treated as a privilege to be earned through contribution and integration. Under the Earned Settlement model, migrants may be able to secure time reductions by working in vital public services, such as healthcare or teaching, or through community volunteering. Conversely, certain factors could lengthen the pathway to fifteen years or more, particularly for lower-skilled workers or those who have relied on public funds. The Government has also proposed stricter criteria for English language proficiency, moving the standard from level B1 to B2, alongside a requirement for a clean criminal record and financial self-sufficiency.
There are notable exceptions to the ten-year baseline that offer some clarity for specific groups. The Minister confirmed that the five-year pathway will be maintained for the partners, parents, and children of British citizens, as well as for British National Overseas visa holders from Hong Kong. These discounts are intended to honour existing commitments and ensure fairness for British families. However, for most other categories, including many skilled workers and care staff, the prospect of a decade-long wait for permanent status remains the likely future of the UK immigration system.
The public consultation on these reforms is set to close on 12 February 2026, and its outcome will be critical in determining the final shape of the law. For immigration advisers, the key takeaway remains that the detail of how transitional arrangements will operate is not yet finalised. Whilst the Government has indicated its intention to proceed with the fundamental reform of doubling the qualifying period, the outcome of the current consultation process may influence whether and how these changes will be applied to those already in the UK.
The Earned Settlement model is just one of several challenges for UK employers hiring international talent. The UK now has the highest work and study visa costs globally; fees have increased by 126% since 2019. Researchers moving to the UK can pay up to £30,000 upfront for a family of four, including visa fees and health surcharges. These high expenses discourage skilled professionals and scientists, making the UK less competitive, while research institutions divert significant funds to visa compliance instead of research.
Times have also become increasingly challenging for practitioners as a recent report has revealed significant distrust in immigration advisers among young migrants and their families. Focus groups identified widespread complaints of poor client care, missed applications, and inadequate service despite substantial fees. This lack of confidence, combined with the persistence of unqualified “shark” advisers, is now raising concerns in the profession’s standards and reliability.
For immigration advisers serious about providing the standard of service clients deserve, HJT Training is running an intensive live online course IAAS Casework Assistant and Senior Caseworker on Wednesday 11 March 2026 for those sitting the Law Society Immigration and Asylum Accreditation Scheme examinations.
Delivered by Gabriella Bettiga of MGBe Legal this six-hour programme covers legal aid, asylum, human rights, trafficking, detention and bail, remedies, ethics, deportation, and domestic abuse, with practical exam preparation including analysis of relevant materials, advanced drafting techniques, and worked examples.
Whilst examination success is important, this course does far more than prepare candidates for tests; it equips advisers with the depth of knowledge and practical skills essential for handling the complex and sensitive cases that form the core of immigration work. In an environment where client trust is fragile and the stakes are high, thorough professional preparation is not optional. With places limited, advisers should secure their booking promptly from our link here
Stay Ahead of Major Immigration Changes with Expert Guidance!
Given the comprehensive changes to UK immigration regulations and additional updates constantly surfacing in 2026, it is essential for immigration advisers to remain informed about ongoing immigration developments. HJT’s Mastering Immigration Law (MIL) subscription bridges the gap between complex rule changes and practical application. Immigration expert Mark Symes, with over 20 years’ experience, delivers jargon-free content that enables advisers to implement changes swiftly and accurately.
ONLY £249 WITH THE LATEST HARDCOPY 25-26 EDITION MANUAL FREE.
For enquiries and FREE DEMO, contact us enquiries@hjt-training.co.uk or call 075441 64692. To subscribe, visit here For more information on our other live online courses, visit here
For the full list of updates on media news, reports and Home Office Guidance and Policy updates, see BELOW
News
Indefinite Leave to Remain – UK Volume 780: debated on Monday 2nd February 2026 – Hansard UK Parliament
The House of Commons discussed Government plans to reform indefinite leave to remain (ILR), including doubling the qualifying period from five to ten years. These changes would apply to both future applicants and current migrants who have not yet obtained ILR. To view the full debate, click here
Zero net migration would shrink UK economy by 3.6%, says thinktank – The Guardian
The National Institute of Economic and Social Research (NIESR) said falling birthrates in the UK and a sharp decrease in net migration last year had led it to consider what would happen if this trend continued to the end of the decade. In this scenario the UK population would stop growing at about 70 million in 2030. The latest official figures showed the UK population was 69.3 million in 2024. To view the full article, visit here
UK Government Repeatedly Undermined Rights in 2025 – Human Rights Watch
The Labour Government in the UK, during its first full year in authority has carried out punitive immigration policies. They have an authoritarian crackdown on protest rights, and a failure to adequately address an ongoing and worsening cost of living crisis. To view the full article, click here
Track UK’s 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. To view the full article, visit here
Major small boats update as ‘thousands of Channel crossings prevented’ – Mirror UK
More than 20,000 small boat crossings have been prevented thanks to steps from the Government. Ms Mahmood said 305 people have been removed to France under a breakthrough one-in-one-out returns deal, struck in the summer 2025, with 367 people coming in. To view the full article, click here
The UK is paying the price for world’s most expensive visas – The Observer
Cancer Research UK fears the immigration system is holding back potentially life-saving discoveries. The UK has become the most expensive country in the world for work and study visas, according to the Royal Society. Fees rose 126% between 2019 and 2024, and upfront immigration costs are now up to 17 times higher than the average across countries including the US, South Korea and Australia. To view the full article, click here
Social care costs for asylum seekers up 148% – LocalGov
Local authorities across the UK have seen a notable rise in spending on social care for people seeking asylum. Under existing laws, councils are responsible for providing adult social care, support for children in asylum-seeking families, and services for unaccompanied asylum-seeking children. To view the full article, visit here
Judge’s court comments as asylum seeker sentenced for murder – ITV News
A Sudanese asylum seeker described as “demonic and inhuman” has been jailed for at least 29 years for a vicious attack on a mother-of-one who was working at the hotel where he was living in Walsall. Mr Justice Soole told Majek he had brought “devastation” to the family of Ms Whyte as he imposed a life sentence. To view the full article, visit here
Corporate report: Annual Report and Accounts 2024/2025
The Immigration Advice Authority (IAA) has uploaded their annual report and accounts. To view the full report, click here
‘I don’t have any faith in lawyers now’ – report by Legal Action Group
Immigration is one of the most highly regulated areas of law, with criminal sanctions for unqualified advisers. Some lawyers and clients agree that there are still too many ‘sharks’ operating, often with devastating consequences for those who go to them for help. For full article, visit here
Case Law
Molnar v Secretary of State for the Home Department [2026] EWCA Civ 31
The Court of Appeal dismissed two appeals in Molnar case. The case concerned whether the Home Office must assess proportionality before deporting EEA nationals for post-Brexit offences. The appellants argued that proportionality was required by Article 21 of the Withdrawal Agreement before making deportation orders (and in Molnar’s case, before refusing his human rights claim). To view the full decision, visit here
Tasib, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 139 (Admin)
An appellant who had lived in the UK for 25 years unsuccessfully challenged his exclusion under the Authority to Carry Scheme. The High Court held that the principle of legality is hard to use in practice, finding immigration rights are not “fundamental” and the law allowed the Home Office’s action. In short, invoking this principle in immigration cases sets a very high bar for claimants. To view the full decision, visit here
Home Office Guidance and Documents Policy Update
Guidance: Borders, immigration and citizenship – privacy information notice has been updated on 14th January 2026. To view the full guidance, visit here
Transparency data: Small boat activity in the English Channel has been updated on 4th February 2026. To view the full guidance, visit here
Research and analysis: Review of English language assessment methods has been published on 29th January 2026. To view the full research, visit here