The latest Statement of Changes in Immigration Rules (HC 1691) was published on 5 March 2026, with changes being implemented on various dates. In this article we outline the changes most likely to be of interest to employers and include some action points at the end of the article.
For information about recent sponsor guidance updates published on 6 March 2026, read our separate article here.
New requirement for payment of Skilled Workers
A new eligibility requirement will be inserted into Appendix Skilled Worker as follows:
SW 14.3B.
A worker must be paid the required salary in pay periods of at least monthly frequency, or as otherwise specified in their contract, and:
(a) The salary paid to the worker in each pay period must equal or exceed the going rate for every hour worked in that pay period.
(b) Subject to (c) and (d):
(i) where the worker is paid at a frequency of monthly or less, the salary paid to the worker over any three-month period must be at least equal to a quarter of the required annual salary; or
(ii) where the worker is paid more frequently, the salary paid to the worker over any 12 week period must be at least equal to 12/52 of the required annual salary.
(c) If the worker is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay, the sponsor must confirm the working pattern and the salary over any 17-week period must be at least equal to 17/52 of the required annual salary.
(d) If the pay is below the requirements in (c) in any given period, due to salary subtractions in SW 14.2(a) being subtracted over a shorter period than the length of time the applicant is being sponsored for, the sponsor must confirm this.
This provision is confusing, and we’ve provided commentary to explain why below. It’s stated to apply to applications made using a CoS assigned on or after 8 April 2026.
Commentary:
The Home Office states this new Rule is intended to support worker welfare and ensure concerns about underpayment can be addressed by the Home Office swiftly. The incorporation of this provision as an eligibility requirement is unusual, since it’s a requirement that can’t be met at the time of application. It could, however, be used as a ground to cancel the immigration permission of a worker who is underpaid. Additional clarification may need to be sought from the Home Office on whether this provision should instead be incorporated into the sponsor guidance.
Another confusing point is the reference within the new Rule to para SW 14.2(a). The subtractions from salary in para SW 14.2(a) of the Immigration Rules relate to pay that’s not guaranteed because the nature of the job means that hours fluctuate, i.e. overtime pay. This provision doesn’t seem to make sense in context – it may be that this is due to a typographical error and that a reference to para SW 14.2A(a) was intended instead. Para SW 14.2A(a) states that the salary relied upon for meeting Skilled Worker salary threshold requirement must be net of any deductions from salary (other than additional benefits the worker has a choice to take up, such as salary sacrifice arrangements), repayments of loans to the sponsor or a related organisation, and investments in the sponsor or a related organisation.
Non-employee (e.g. self-employed) sponsored workers appear potentially to be captured under new paras SW 14.3B(c) and (d), however it is unclear how and when any notifications must be made by the sponsor in respect of ‘salary subtractions’. It would seem likely the intention is for this to be done via the sponsorship management system (SMS), and it’s an omission not to specify a time limit for doing this. What is clear is that the new Rule may impose a significant additional reporting requirement for these sponsors.
Clarification may also be required from the Home Office on the intended temporal applicability of the new Rule, as the implementation section of the Statement of Changes appears to apply the new obligation on sponsors only in relation to sponsored workers with immigration applications submitted with a Certificate of Sponsorship assigned on or after 8 April 2026.
Relaxation of Skilled Worker eligibility requirements for prison officers
In response to consultation with prison operators regarding the Skilled Worker route:
- In-country switching to the Skilled Worker route to take up a role in a public or privately-run prison under SOC code 3314 Prison service officers (below principal officer) will be allowed, provided the Certificate of Sponsorship (CoS) is assigned by 31 December 2026;
- A lower, transitional general salary threshold of £31,300 and a going salary rate set at the 25th percentile (currently £21,600) will apply to all applicants with a CoS under this SOC code – applicants must be paid at or above the higher of these two figures;
- Applicants must apply by 31 December 2027 and may only be sponsored for 3 years rather than the usual maximum length of 5 years.
The arrangements will be applied to in-country applications only (not entry clearance) and only extend to dependants who are already in the UK. They are stated to be intended to avoid immediate issues with inadequate prison staffing and ‘do not guarantee a route to settlement’.
Commentary:
Although these provisions are for workers in a specific occupation, they signal a further movement to re-set the expectations of migrants on the Skilled Worker route regarding settlement. This comes ahead of the Migration Advisory Committee (MAC) delivering stage 2 of its report on the future of the Temporary Shortage List (TSL). It’s not yet known whether sponsorship in TSL roles will continue to lead to settlement in the future.
New work rights for asylum seekers
From 26 March 2026, asylum seekers who have had their asylum claim pending for over a year may apply to be granted permission to work in occupations eligible for sponsorship under the Skilled Worker route, i.e. in eligible roles skilled at Regulated Qualifications Framework (RQF) Level 6 (degree level) or above. This replaces the current position, under which a grant of work permission allows for work in occupations on the Immigration Salary List.
Commentary:
This change follows on from the Migration Advisory Committee’s 2023 recommendation to either allow asylum seekers who have been granted permission to work to do so in any job, or in any job eligible under the Skilled Worker route. The Government has, however, taken a different approach from either of the ones recommended, by opening up eligibility to a different (and overall more skilled) subset of Skilled Worker route occupations than currently.
In the near future, employers should start to see a new cohort of job applicants with limited permission to work in roles skilled to degree level or above, as set out in Table 1 of Appendix Skilled Occupations.
Higher English language requirement for settlement
For settlement applications on or after 26 March 2027, the English language requirement for settlement will be raised to Level B2 on the Common European Framework of Reference for Languages (upper intermediate), across the areas of speaking and listening. This is an increase from the current requirement of Level B1 (intermediate).
A range of routes are affected, including Skilled Worker, UK Ancestry, Global Talent, Scale-up, Innovator Founder, International Sportsperson and 10-year continuous residence. It will be applied to main applicants and adult partner and child dependants.
The publication of the Rule ahead of time gives intending applicants a year’s notice to improve their proficiency if needed.
Commentary:
Some applicants may struggle to meet the higher threshold. Businesses should:
- Make staff aware of this change, and assess whether any staff or their family members may encounter difficulties reaching it;
- Ensure that any applicants who need to re-sit an English language test do so in good time before their settlement application; and
- Plan for visa extensions in circumstances where the requirement isn’t met by the expiry date of existing immigration permission.
Biometric reuse widened for in-country applications
From 8 April 2026, re-use of biometric data will be expanded for some in-country applicants who have previously enrolled their biometrics as part of a previous entry clearance or permission to stay application.
Commentary:
This change means that fewer in-country applicants will need to re-enrol their biometrics or produce an identity document at a Visa and Citizenship Application Service (VCAS) service point as part of their application. Instead, they will be able to upload a ‘live’ facial image, which will be biometrically compared to an image the Home Office already holds.
Expanded re-use of biometric data should make identity verification faster, cheaper and more convenient for some applicants.
Application ‘brake’ for citizens of Afghanistan, Cameroon, Myanmar and Sudan
Any application made on or after 26 March 2026 will fall for refusal as follows:
- Skilled Worker entry clearance by a national or citizen of Afghanistan; and
- Student entry clearance by a national or citizen of Afghanistan, Cameroon, Myanmar and Sudan.
In-country applications for permission to stay are unaffected, as are applications as a dependant rather than main applicant.
The arrangements must be reviewed every 2 months. They may be amended or revoked as appropriate following review.
Visa requirement imposed on citizens of Nicaragua and St Lucia
A visa requirement has been imposed on citizens of Nicaragua and St Lucia from 15:00 on 5 March 2026, with a transition period for those who already have an Electronic Travel Authorisation (ETA), and a confirmed travel booking made before 15:00 on 5 March 2026, for travel by 15:00 on 16 April 2026.
Service Supplier route: new provisions for Indian citizens
For applications made from 26 March 2026, an Indian citizen will be able to apply under the Service Supplier route where they will be providing an eligible service under the new UK-India Comprehensive Economic and Trade Agreement, once in force. The agreement is due to be concluded in late 2026. Permission may be granted 12 months per stay.
A cap of 1,800 per calendar year is imposed for sponsorship of Indian citizens as a traditional chef, classical musician or yoga teacher.
Qualifying overseas employment period reduced for Secondment Worker route
For applications made from 8 April 2026, the overseas employment period for eligibility under the Global Business Mobility: Secondment Worker route is being reduced from 12 months to 6 months.
Global Talent route refinements
From 1 July 2026, eligibility is being opened up for endorsement as a person with exceptional talent or exceptional promise in the field of design. This fulfils a commitment in last year’s Immigration White Paper to enable elite design talent to use the Global Talent visa.
For entry clearance and permission to stay applications made from 8 April 2026, the appointments fast track option for academic and research positions is also being simplified. The option will cover all PhD level roles at approved UK Higher Education Institutions and research institutes, where the individual will have responsibility for academic, research or innovation leadership or development, or where they will be required to carry out research or innovation as a primary function of their role.
Changes to British National (Overseas) route
From 8 April 2026, adult children of British Nationals (Overseas) (BN(O)) born on or after 1 July 1979 will be eligible to apply as a main applicant under the scheme. Currently only children born before this date are eligible. In addition, partner and child dependants, as well as (in exceptional circumstances) other relatives with a high degree of dependency on the adult child will be eligible to apply as dependants of the adult child under the route.
From the same date, applicants with a chipped BN(O) or Hong Kong Special Administrative Region (HKSAR) passport that is either valid or expired within the last 5 years will be eligible to use the ID check app instead of having to enrol biometrics in person.
Amendments to Ukraine Permission Extension Scheme
For decisions made on or after 8 April 2026, those who have previously had an application approved under the Ukraine Permission Extension Scheme may be granted further permission for another 24 months.
Applicants may also apply up to 90 days (instead of the current 28 days) before their existing permission is due to expire. Any existing permission remaining at the date of decision will be added to the grant of further permission, up to a maximum of 90 days.
Tighter suitability requirements for applicants with a conviction or immigration law breach
For applications decided on or after 26 March 2026:
- A person who has a conviction for which they received a suspended sentence of 12 months or more will have an application for permission refused, or existing permission cancelled on a mandatory basis;
- A person who has a conviction for which they received a suspended sentence of less than 12 months will have an application for permission refused, or existing permission cancelled on a discretionary basis; and
- A further discretionary ground of refusal will apply to an entry clearance applicant who has previously breached UK immigration laws e.g. by overstaying or breaching immigration conditions.
What actions should employers take in response to the new Immigration Rules?
We would suggest the following:
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Ensure all sponsored workers are paid in line with the increased National Minimum Wage and National Living Wage from 1 April 2026 (in addition to continuing to meet the salary thresholds in force at the time they applied for their permission under the route);
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Continue to monitor for further sponsor guidance and other clarifications on how the new Skilled Worker payment requirements should be interpreted;
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Let affected staff know about the higher English language requirement for settlement from 26 March 2027; and
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Sign up to receive our updates directly to your inbox – we’ll share clarification with you once we have feedback on the new Immigration Rule on pay periods.
Need more help?
If you have any queries about the Statement of Changes, please contact a member of our immigration team.
