Updates to the Immigration Rules
The biggest change in the rules relating to Skilled Workers is that Afghan nationals and
citizens can no longer apply for entry clearance in the route. This is a blanket ban and forms
part of the Home Office’s new “visa brake” scheme. This takes effect from the 26 th of March
2026.
Additional changes include the addition of SOC 2020 3314 Prison service officers (below
principal offer) to the list of jobs which can use option F in the rules in Appendix Skilled
Worker. This is providing the date of application is before the 1 st of January 2028 and the end
date of the person’s CoS is not more than three years after the start date.
Option F has a salary minimum requirement of £31,300 or the going rate and applies to
people that already hold leave as a skilled worker. Prison service officers in SOC 2020 3314
can bring their dependents. If a person is applying for permission to stay having previously
worked as a prison service officer in this SOC 2020 code based on a certificate of
sponsorship assigned to them prior to the 1 st of January 2027, or the date of application is
before the 1 st of January 2027, and the end date of the COS is not more than three years
after the start date, they will meet the skill level requirement. These changes take effect from
the 8 th of April 2026.
A new rule is being added for skilled workers with regards to the pay frequency a worker
must be paid. It is now specified that worker must be paid the required salary in pay periods
of at least monthly frequency, or as otherwise specified in their contract, and that 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. This takes effect from the 8 th of April 2026.
Where a worker is paid at a frequency of monthly or less, the salary paid to the worker of
any three-month period must be equal to a quarter of the required annual salary and where a
worker is paid more frequently, the salary paid to them over any 12-month period must be
equal to 12/52 of the required annual salary. This takes effect from the 8 th of April 2026.
If a worker is working hours that are not the same each week, the sponsor must confirm that
the working pattern and the salary over any 17-week period are equal to 17/52 of the
required annual salary and if the pay is below the requirements in any given period due to
permitted salary subtractions being subtracted over a shorter period than the length of time
the applicant is being sponsored for, this must be confirmed by the sponsor. This also takes
effect from the 8 th of April 2026.
There are large change to the English language requirements for settlement in a number of
routes. All of these changes take effect from the 26 th of March 2026. For the following routes:
– Skilled workers
– Skilled worker dependents
– T2 Ministers of religion
– Representatives of an overseas business
– Representative of an overseas business dependents
– Scale-up workers
– Scale-up worker dependents
– Innovator Founder dependents
– International sportspeople
– International sportsperson dependents
The changes are that the requirement for settlement is increasing from B1 to B2, unless the
requirement is already B2, at which point it remains B2. If an application is made for
settlement on or after the 26 th of March 2027, the applicant will need to show English
language ability to at least level B2 on the common European framework of reference for
languages in speaking and listening unless they are already required to show English
language ability to a different standard as specified in the rules. If an application is made
before the 26 th of March 2027, the person will only need to show their ability to level B1,
unless B2 is required else where in the rules relating to their route.
Changes have been made to the Global Business Mobility route pathways Service supplier
and secondment worker. For service suppliers, a new rule has been added where the
number of granted applications (including entry clearance and permission to stay) for Indian
nationals for the roles of traditional chef, classical musician or yoga instructor, must not
exceed 1800, the annual total allocation of places for the route. The annual period runs from
the 1 st of January to the 31 st of December each year. This takes effect from the 26 th of March
2026.
In addition, the service of “chef de cuisine” has been clarified to mean “chef de cuisine
providing services under the CARIFORUM-UK Economic Partnership Agreement”.
Further, the nationality requirements of the applicant under this route have been expanded to
include an Indian national where the service the applicant will provide is covered by a
commitment in the UK-India Comprehensive Economic and Trade agreement (CETA). The
period and condition of grant for someone covered by a CETA commitment will be the
difference between the period the applicant has already spent in the UK since their last grant
of permission as a service supplier and 12 months. This takes effect from the 26 th of March
2026.
For secondment workers, the overseas work requirement is being reduced to 6 months in
entry clearance cases. This takes effect from the 8 th of April 2026.
Finally, in the list of sports governing bodies found in Appendix Sports Governing Bodies,
“Horseracing – British Horseracing Authority” has been added. The entry for “Jockeys and
Trainers” has been removed. This takes effect from the 8 th of April 2026.
By: Cameron Dyer