Briefing: Immigration and the radical changes to asylum policy in the UK

The current government is in the process of implementing sweeping policy changes to immigration and asylum in the UK.

As part of a drive to limit the impact of granting settlement to migrants, the Home Office is continuing to progress the earned settlement policy that was announced towards the end of 2025. Citing the Danish asylum system as inspiration, the Home Office is additionally implementing policy changes which will have a substantial impact on the lives of asylum seekers and their integration into society. 

Earned settlement policy

The stated intention of the Home Office’s earned settlement policy is to link the ability of migrants to settle in the UK with their individual contribution to society. The policy, which would apply retrospectively once implemented, would increase the baseline route to settlement for most migrants from five to 10 years. Particularly high earners would be able to achieve settlement after only three years.

The Government is proposing that reductions to the time after which migrants would be eligible for indefinite leave to remain would be available for migrants with advanced English skills, earning high incomes, serving in public service occupations and volunteering in their community. Migrants who have received public funds, entered the UK illegally or on a visitor visa or who have been an overstayer for more than six months will be required to wait additional years prior to becoming eligible for settlement.

In their current form, the proposals would apply equally to all migrants, regardless of any vulnerabilities they may hold or their age of entry into the UK.

The policy would additionally enhance the mandatory minimum requirements for settlement applications, including a requirement for applicants to evidence minimum annual earnings or alternative income. The Government is also considering whether persons who hold indefinite leave to remain could be subject to public funds restrictions.

Although the consultation on the policy has now closed, the Home Office has yet to delineate an implementation timeline for the proposed changes or any transitional arrangements. The Home Affairs Committee noted in a report published in March examining the proposed reforms that some of the proposals set out in the earned settlement consultation are “unclear” and “under-developed”.

Refugee status review

In March of this year, the Government dramatically altered what it means to hold refugee status in the UK, as part of its objective to tackle irregular migration. Refugees who claimed asylum from 2 March 2026 will now only be granted ‘temporary’ refugee status, which will be subject to review every 30 months. Should the Home Office consider at this review stage that a refugee no longer requires protection, their status may be terminated. Prior to these changes, refugees had been granted five years of protection status in the UK, with an expectation that they would be able to apply for settlement thereafter. As part of a new ‘core protection’ system, refugees will only become eligible for settlement in the UK after 20 years of residence. The Government has stated that refugees will therefore be encouraged to switch to alternative immigration routes that will enable them to obtain indefinite leave to remain sooner.

Refugees who claim asylum as unaccompanied children will continue to be granted refugee status for five years. The Home Office has stated that further details in relation to long-term policy for unaccompanied asylum seeking children will be outlined at a future date.

The Government has additionally confirmed that the core protection route will not grant refugees an automatic right to bring their family members to the UK by way of family reunion applications. The Government has yet to announce the details of any new family reunion scheme, despite the previous application route being closed in September 2025.

Criticisms

The new policies have been met with opposition from human rights groups. The Office of the United Nations High Commissioner for Refugees (UNHCR) has issued observations in respect of the core protection model, noting that the policies will negatively impact the societal integration of refugees.

It is also clear that the status review process will place a significant administrative burden on the Home Office, while additional demands will be placed on refugees and their solicitors to respond to requests issued by the Home Office for further information at the point of review. Further, it is well evidenced that the Home Office often carries out inaccurate age assessments of asylum seekers. Unaccompanied asylum-seeking children who cannot successfully challenge such assessments will essentially be granted a less favourable form of status than that to which they should be entitled.

The earned settlement proposals have been condemned for disincentivising vulnerable migrants from claiming public funds, which could result in an increase in destitution. It has additionally been suggested that the reforms may result in increased exploitation by employers of workers who are reliant on jobs tied to their immigration route. A longer route to settlement may also harm individuals who are dependent on abusive partners for their immigration status.

Commenting on the new reforms, the Home Secretary outlined that new “legal” routes for asylum seekers to come to the UK would soon be implemented. Such routes are often incredibly limited in scope, subject to delays and closed with little or no notice.