Key changes from the Spring Immigration Rule changes: insights and tips

The key changes include a raised minimum English language level for settlement in many categories, a visa brake on certain nationalities, and a tightening of Skilled Worker pay arrangements. The changes do not implement the earned settlement proposals.

The Home Office published updates to the Immigration Rules on 5 March 2026. We take a look at the key changes.

Increased English language requirement for settlement

The English language requirement for settlement will be increased to Level B2 (upper intermediate or A-level standard) on the Common European Framework of Reference for Languages, from Level B1 (intermediate). This will apply to settlement applications made on or after 26 March 2027. As a result, individuals subject to this requirement have around a year to attain the specified English proficiency level.

The requirement applies to most main applicants and dependants, with some exceptions, such as the Hong Kong BN(O) route.

We have explained the English language requirement in more detail in a separate note here.

Skilled Worker

A change is being made in respect of Skilled Worker applications where the Certificate of Sponsorship is issued on or after 8 April 2026. The purpose of this is to enable the Home Office to assess underpayments of salary without waiting for a full year of salary to be paid, and that if an underpayment is highlighted, the sponsor is notified and has an opportunity to explain or correct the issue, or compliance action can be taken, before an individual is significantly impacted.

The rule change says that:

• each worker must be paid the going rate for every hour worked in each pay period;
• they must be paid in pay periods of at least monthly frequency, or as otherwise specified in their contract;
• where paid monthly or less, the salary paid over any three month period must be at least equal to a quarter of the required annual salary;
• where paid more frequently, the salary over any 12 week period must be at least equal to 12/52 of the required annual salary;
• if the hours worked are irregular, the sponsor must confirm the working pattern and salary over any 17-week period is at least equal to 17/52 of the required annual salary

This means that, depending on which pay cycle applies, the minimum salary requirement must have been met within any three month period, or 17 week period in the case of irregular hours worked. It appears that the employer cannot delay salary payments beyond these timeframes.

For many employers, this will not impact the way they pay their sponsored staff, but it is a reminder of the Home Office’s ongoing collaboration with HM Revenue and Customs and their increased enforcement action around salary underpayments.

Visa brake

A visa brake will be implemented from 12.01am on 26 March 2026. Any applications submitted online after that time will be refused for those applying for:

• A Student visa from outside the UK and the person is a national of Afghanistan, Cameroon, Myanmar, Sudan
• A Skilled Worker visa from outside the UK and the person is a national of Afghanistan.

The visa brake has been issued where high numbers and proportions of people who are issued visas later claim asylum.

Applications made from within the UK, including extension or switching applications, are not affected.

The visa brake is temporary and will be reviewed regularly.

Nicaragua and St Lucia added to the visa national list

Nationals of these countries wishing to visit the UK will need to obtain a visit visa prior to travel, unless they have a confirmed booking and were granted an ETA on or before 5 March 2026 3pm GMT and arrive no later than 3pm BST on 16 April 2026.

Design Industry Endorsement

A new subcategory of the Global Talent category has been created, allowing those who are leaders or potential leaders in the Design Industry to apply. This is intended to cover additional design roles which are not currently catered for. This comes in on 1 July 2026.

Ukraine Permission Extension Scheme

The Scheme has been extended for 24 months. Applications can be made up to 90 days before existing permission expiry instead of 28 days. This comes into effect from 8 April 2026.

Refugee status to be granted for 30 months for claims made from 2 March 2026

Refugee status will be granted for 30 months instead of five years for claims or further submissions made from 2 March 2026, and the changes apply from 6 March 2026. 

Asylum seekers permitted to work can undertake wider range of roles

Asylum seekers who have been waiting over a year for their claim to be decided can request permission to work. Those who are granted permission to work will be able to work in any occupation included on Appendix Skilled Occupations skilled at RQF6 or above – degree level – on Skilled Worker route. Currently, they are restricted to working in shortage occupation roles. This comes into effect on 26 March 2026.

Suspended sentences brought under the refusal grounds

Those with a suspended criminal sentence will fall for a mandatory refusal or cancellation of entry clearance or permission to stay where the sentence was for 12 months or more.

Where the suspended sentence was for less than 12 months, this will result in a mandatory refusal of a visitor visa application, unless more than 12 months has passed since the end of the custodial sentence. It will otherwise fall for discretionary refusal or cancellation of entry clearance or permission to stay.

Five Key Tips

• Those on track to apply for settlement may wish to seek advice early, to check if they can apply prior to 26 March 2027, to avoid the higher English language requirement.
• Individuals should plan ahead to prepare for the higher English language requirement as soon as possible, if needed.
• Employers may wish to consider issuing communications to staff on any of the changes included in this guidance, in case this may impact a staff member’s future visa application, and consider offering support where applicable, such as assistance with seeking further advice.
• Sponsors should conduct regular audits of their HR processes and records, to ensure that:
  • sponsored staff are paid within the required pay cycles, that the pay meets the going rate for each cycle, and that this matches the salary figure on the Certificate of Sponsorship;
  • any underpayment for a legitimate reason such as maternity leave, has been reported to the Home Office within the required deadline.
• Individuals and employers should keep an eye on further announcements, as the earned settlement proposals are implemented later this year.

The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further advice.