20 Upcoming and Proposed Legislative Changes

In 2026, the UK is preparing for some of the most far‑reaching immigration and asylum reforms in over a decade. Government announcements made in 2025 and published consultations in 2026 indicate major upcoming changes to the asylum system, asylum support, settlement pathways, and refugee family reunion. 

20.1 Changes to the Asylum System

The most concrete reform is the reduction of refugee protection periods. For asylum claims made after 2 March 2026, individuals granted Refugee Status will no longer receive five years’ Leave to Remain. Instead, they will be granted 30 months (2.5 years) of protection, called ‘Core Protection’, subject to a safe country review before renewal. This change came into force on 26 March 2026.

This shift signals a move toward a more conditional and less secure protection model, where refugees must repeatedly demonstrate ongoing need for protection. The UK Government’s published statement ‘Restoring Order and Control’, November 2025, also sets out plans anticipated to come in 2026:

·      20-year route to settlement for those on the new ‘Core Protection’;

·      Creation of a Protection Work and Study visa, designed for those on ‘Core Protection’ to move onto a different visa route with a 10-year route to settlement;

·      Revoking the Home Office’s duty to support destitute asylum seekers and replacing it with a power;

·      Easing the limits on available occupations for the right to work for asylum seekers;

·      Moving asylum accommodation to “large sites” and not community-based accommodation;

·      Reforming rules around forcibly removing families with children from the UK;

·      Reforming the asylum appeals process, introducing a new appeals body;

·      Restricting how some migrants can benefit from the right to respect for private and family
life, set out in Article 8 of the European Convention on Human Rights (ECHR);

·      Penalising victims of trafficking for not disclosing their exploitation at the earliest available opportunity;

·      Using Artificial Intelligence to assess the age of unaccompanied asylum-seeking young people, whose ages have been disputed; and

·      Prioritising community-based sponsorship for refugee resettlement programmes.

20.2 Earned Settlement Proposals

The UK is also moving toward a major reform of Indefinite Leave to Remain (ILR) through the introduction of an ‘Earned Settlement’ system. A public consultation on this proposal ran from 20 November 2025 to 12 February 2026, and the government is currently analysing responses.

The Earned Settlement model would replace the current pathway to and criteria for ILR after a set period of residence. Instead, migrants—including refugees—would need to demonstrate integration, contribution, and compliance to qualify.

Key features understood to be included are:

• Longer qualifying periods before settlement, moving the ‘baseline’ from 5 years to 10 years;

• Changing the ‘medium-skilled’ Skilled Worker Visa route to settlement from 5 to 15 years;
• Stricter English language requirements;
• Penalty of 5 years added to the ‘baseline’ for claiming public funds for less than 12 months, and a 10-year penalty for claiming public funds for over 12 months;
• Penalties of up to 20 years added to the ‘baseline’ for entering the UK illegally, entering on a visit visa and claiming asylum, and overstaying in the UK for more than 6 months;
• Applying the NRPF condition to those who obtain ILR;
• Reductions to the ‘baseline’ for high income earners;
• Reductions to the ‘baseline’ for those who volunteer in the community;
• Abolishing the ‘long residence’ route for those with 20 years – lawful or unlawful – residence in the UK.

At present, it is understood that the changes may come into legislative force in Autumn 2026, and apply retrospectively to migrants already in the UK without settlement.

20.3 Suspension of Refugee Family Reunion