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Immigration Law Blog

3 March 2026

Key takeaways from the Home Secretary’s Statement on Asylum Reforms: 30-months permission to stay for new claims and transitional arrangements for pending cases

Today, the Home Secretary Shabana Mahmood made a statement to Parliament in which she set out, in brief terms, the changes that are being made to the UK asylum system. The statement brings some welcome clarity for asylum seekers, but the position for existing refugees remains uncertain 
 
The takeaways
 
The statement contains four important takeaways:
 
1. Adults and accompanied children who claim asylum from today (2 March 2026 inclusive) will receive a 30-month period of protection if granted, as opposed to 5 years. 
 
2. The new “core protection” model will be introduced this week, in accordance with which certain refugees will need to complete an extended period of 20 years in the UK before they can apply for settlement (indefinite leave to remain), up from the existing 5 year period. 
 
3. There “will be transitional provisions for people who submitted an asylum claim before today, so that existing rules continue to apply,” which indicates that anyone who by 2 March 2026 has already registered their asylum claim will be granted 5 years leave to remain if their claim is successful, as opposed to 30 months. 
 
4. Unaccompanied asylum-seeking children will still be granted 5 years leave to remain if their claims are granted, even if their claims were registered on or after 2 March 2026.
 
The statement also reaffirms that “new routes” will be created for those who can “contribute through work or study,” which according to the government’s November 2025 announcement, in which it was referred to as the “Protection Work and Study” route, could reduce the qualifying period for settlement from 20 years. 
 
How will the announcements affect refugees who have already been recognised and granted 5 years permission to stay? 
 
The Home Secretary has not directly addressed the situation for the hundreds of thousands of refugees in the UK who have been granted 5 years leave to remain but have not yet reached the point of applying for settlement. The indication that there will be transitional arrangements for those with pending claims could suggest that the forthcoming reforms might preserve the current entitlement for refugees to apply for settlement after completing 5 years in the UK - an outcome that we would welcome.
Oliver Oldman

28 January 2026

UK Immigration: Settled status and earned settlement could not be more different

The UK government’s new “earned settlement” proposals reveal a stark divide in how people can secure their right to live permanently in the UK. For EU, EEA nationals and Swiss nationals and their families who were living in the UK before Brexit, the EU Settlement Scheme increasingly seems a beacon of fairness. For everyone else, the future looks far less certain—and much harder.

Emma Dauriac

22 January 2026

Understanding the Government’s consultation on earned settlement

The UK Government’s Earned Settlement consultation proposes a fundamental shift in how migrants achieve Indefinite Leave to Remain (ILR). Instead of a time-based system, settlement would be earned through measurable contributions and integration. For the tech sector—one of the UK’s fastest-growing industries—these changes could have far-reaching consequences. 

Ilda de Sousa

10 December 2025

Can you dismiss a skilled worker who does not qualify for ILR (Indefinite Leave to Remain) when you thought they would?

As I mentioned previously, I am still trying to get my head around the issues that continue to arise from the recent announcement made by the Home Secretary in relation to the settlement provisions. For now, I want to unpack one part of the change.

Marcia Longdon

8 December 2025

Extending right to work checks - what might be the implications?

The Border Security, Asylum and Immigration Act 2025 (which has just completed the parliamentary process by receiving Royal Assent on 2 December 2025) will introduce significant changes to right to work checks. The law hasn’t been implemented yet but employers need to be aware of the implications.

Andreas White

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