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.
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.
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.
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.
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