UK New Immigration Rules in 2025

The UK’s Home Office is introducing a series of new immigration rules and clarifications for 2025, including updated Sponsor Licence regulations, the automatic conversion of EU Settlement Scheme (EUSS) ‘pre-settled’ status to ‘settled’ status, and new good character requirements for those applying for British citizenship.

• Effective from 1^st January 2025: Employers are now prohibited from recouping sponsorship fees from sponsored workers. Any violations of this new rule may result in sponsor licence revocation and financial penalties.
• From late January 2025: The Home Office will automatically convert eligible EU Settlement Scheme (EUSS) pre-settled status holders to settled status, removing the need for them to make a separate application for permanent settlement.
• Effective from 10^th February 2025: Under new ‘good character’ requirements, those who entered the UK illegally or made a dangerous journey to get here will normally be refused British citizenship, regardless of how much time has passed since their illegal entry.

Proposed ILR new rule: the opposition Conservative Party published its latest proposed policy changes to the UK’s immigration¹. These include a recommendation to extend the qualifying period for Indefinite Leave to Remain (ILR) from 5 years to 10 years. Additionally, they propose increasing the required waiting period for British citizenship from 12 months to 5 years after obtaining ILR. Please note: these proposals have not yet been adopted as official immigration rules, but they provide a useful indication of the political landscape in future elections.

Sponsor Licence new regulations in 2025

Under the latest sponsor guidance for sponsors of workers and temporary workers², licenced sponsoring employers are prohibited from recouping sponsorship fees from sponsored workers. Importantly, the new rules also state that a licenced sponsor will normally have their sponsor licence revoked if they are found to have recouped, or attempted to recoup, any part of the sponsor licence fee or associated administrative costs, by any means, from a worker they are sponsoring on or after 31^st December 2024. The sponsorship fees include (please note this list is not exhaustive):

• Certificate of Sponsorship (CoS) fees – currently £239 for the Skilled Worker route
• Immigration Skills Charges (ISC) – currently £364 per year for small or charitable organisations and £1,000 per year for medium or large businesses, and
• Assessment of overseas qualification costs:
  • For a recognised appropriate level of English language – currently £140
  • For a recognised standard of overseas qualification including, a recognised appropriate level of English language – currently £210

Automatic conversion of pre-settled status to settled status

Under the new EU Settlement Scheme (EUSS) rules ³, which apply from January 2025, those with EUSS pre-settled status will automatically be switched to settled status without the need to apply if they are eligible. As such, anyone whose EUSS pre-settled status is due to expire does not need to take any further action to have their application for settlement processed. The Home Office will write to EUSS pre-settled status holders whose permission is due to expire, advising them that their settled status will soon be considered. If they are eligible, settled status will be granted. If they are not eligible, the Home Office will write to them explaining the outcome.

As part of the settled status automation for 2025, the Home Office is reviewing the appropriate next steps for those who no longer meet the conditions of their pre-settled status by not maintaining their continuous residence in the UK. More information is expected on this later in 2025.

When assessing each case, the Home Office will use information held by government agencies. The Home Office is also recommending that EUSS status-holders update their digital status with their current passport/national identity card information, contact details, and email address. Any changes can be made using the Home Office’s online ‘Update your UK Visas and Immigration account details’ service.

Updated good character requirement for British Citizenship

The Home Office has recently updated the guidance used to determine if a British citizenship applicant meets the good character requirement ⁴. The updated good character requirement applies to anyone applying for British citizenship on or after 10^th February 2025 are as follows:

• Applicants who previously entered the UK illegally will normally be refused. This applies regardless of when the illegal entry took place.
• Applicants who previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey, will normally be refused citizenship.

The Home Office's definition of a ‘dangerous journey’ includes travelling by small boat or being concealed in a vehicle or other conveyance. It does not include arrival as a passenger with a commercial airline or vessel.

This is a significant change in immigration policy that means many refugees who are classed as coming to the UK illegally or having made a dangerous journey will be unable to naturalise as British citizens from 10^th February 2025.

References:

¹ Conservatives.com: Rebuilding trust: our new immigration policy

² Home Office: Workers and Temporary Workers: guidance for sponsors

³ GOV.UK: Apply to the EU Settlement Scheme (settled and pre-settled status)

⁴ Home Office: Nationality: good character requirement