Proposed ILR “Earned Settlement” Changes: What Migrants in the UK...
Read MoreUK Immigration Changes in 2026: Who Will Be Affected and How?
The UK Government is preparing to introduce one of the most significant immigration reforms of recent years, with new regulations expected to come into force in 2026. These changes, announced as part of the government’s broader objective to reduce overall migration, are likely to have a substantial impact on new applicants seeking to work in the UK, as well as migrants planning to obtain permanent residence.
The proposed reforms mark a clear shift towards a more selective and demanding immigration system, particularly for those arriving under work-based visa routes.
Stricter English Language Requirements for Work Visas
One of the most notable changes is the tightening of English language requirements. From 8 January 2026, individuals applying for work-based visas such as the Skilled Worker and Scale-up routes for the first time will be required to demonstrate English language proficiency at B2 level (upper-intermediate, equivalent to A-level standard).
Under the current system, a B1 level of English is sufficient. However, this will no longer meet the new requirements. The B2 standard expects applicants to use English fluently, understand more complex texts and communicate clearly and effectively in professional and everyday contexts.
It is important to note that applicants who already hold a valid visa and are applying for an extension will not be affected by this new requirement.
Government Rationale Behind the Language Changes
These proposed changes were first announced publicly in October 2025 by the Home Secretary. The government emphasised that a higher level of English proficiency is a fundamental factor for successful integration into British society and the workplace.
The reforms reflect the view that language skills play a critical role in both economic participation and long-term social cohesion.
Significant Changes Planned for Indefinite Leave to Remain (ILR)
Major reforms are also being considered in relation to Indefinite Leave to Remain (ILR). Under the current framework, most applicants become eligible for settlement after five years of lawful residence. However, the government is proposing to extend this qualifying period to ten years under a new “earned settlement” model.
In some circumstances, this period could be extended even further, potentially up to twenty years. It is estimated that these changes could affect approximately 2.6 million people who have arrived in the UK since 2020.
Applicants who already hold ILR or settled status will not be affected by these proposed changes.
From Automatic Settlement to Earned Settlement
Under the new model, settlement will no longer be based solely on the length of time spent in the UK. Greater emphasis will be placed on factors such as compliance with visa conditions, employment history, progression in English language skills and overall contribution to society.
This represents a move away from an automatic route to settlement and highlights the importance of long-term immigration planning. Migrants will need to demonstrate sustained compliance and commitment over an extended period.
Why Early Legal Advice Is More Important Than Ever
It is particularly important to emphasise that the 2026 immigration reforms are expected to make both entry to the UK and permanent settlement more complex and time-consuming. Individuals who are considering working or living in the UK should take these developments into account and seek professional legal advice at an early stage.
Proper planning and informed decision-making will be crucial to navigating the new system successfully.
How Advantage Solicitors Can Support You
At Advantage Solicitors, we closely monitor developments in UK immigration law to ensure our clients receive up-to-date and accurate advice. With over 35 years of legal experience, we are committed to supporting you through every stage of your immigration journey.
Fidan Osoy
Director Solicitor
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