Top 7 Questions About Immigration
We Have Received - 2026
- Will the ILR qualifying period really change from 5 years to 10 years?
- What is the new English language requirement for Skilled Worker visas?
- What is an ETA and do I need one to visit the UK?
- Can I still bring my family to the UK on a Skilled Worker visa?
- What is the "visa brake" and which countries are affected?
- How long does refugee status last in the UK now?
- What are the new right-to-work check obligations for employers?
- Book a Complimentary Consultation
7 questions 7 answers. The most questions you were wondering about immigration in the UK explained.
1. Will the ILR qualifying period really change from 5 years to 10 years?
This is the most pressing question we are hearing, and rightly so.
The government has proposed extending the qualifying period for Indefinite Leave to Remain (ILR) from 5 years to 10 years for most sponsored work routes, under a new “earned settlement” points-based system.
The consultation closed in February 2026, and implementation is expected from April 2026 onwards. Critically, the proposal intends to apply these changes to people already living in the UK who have not yet received ILR, not just new arrivals.
Those who secure ILR before the rules change will not be affected.
2. What is the new English language requirement for Skilled Worker visas?
3. What is an ETA and do I need one to visit the UK?
4. Can I still bring my family to the UK on a Skilled Worker visa?
5. What is the “visa brake” and which countries are affected?
From 26 March 2026, the Home Office introduced a “visa brake” a targeted restriction on certain visa routes for nationals of specific countries.
Citizens of Afghanistan, Cameroon, Myanmar and Sudan are now banned from applying for Student visas.
Additionally, Afghan nationals cannot apply for Skilled Worker visas.
This decision was made on border security and migration management grounds. The brake is stated to not be permanent and will be reviewed regularly.
6. How long does refugee status last in the UK now?
The duration of refugee and humanitarian protection permission to stay has been significantly reduced.
From 26 March 2026, refugee status is granted for 30 months at a time down from the previous 5 years.
This applies to adults, families and accompanied asylum-seeking children who claimed asylum on or after 2 March 2026.
Renewal will not be treated as making an initial asylum claim. If you are a refugee or asylum seeker, the importance of professional legal representation at every stage of this process has never been greater.
7. What are the new right-to-work check obligations for employers?
All employers must now verify the right to work of every worker before they start regardless of nationality or visa status.
Updated Home Office guidance distinguishes between “employed” and “engaged” workers, meaning businesses using contractors, sub-contractors and gig-economy workers are also affected.
Failure to comply carries a civil penalty of up to £60,000 per illegal worker and in serious cases, criminal prosecution.
Sponsor licence holders face additional scrutiny: UKVI now expects sponsors to demonstrate with documentary evidence that each sponsored worker has been informed of their employment rights.
*This blog post is for general information purposes only and does not constitute legal advice. The legislation referenced is expected to come into force in Spring 2027, and specific details may be subject to change. For advice specific to your situation, please contact Portway Solicitors.
