Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Immigration | Freeths – Legal Perspective
The Government is proposing reforms to immigration compliance through the Border Security, Asylum and Immigration Act 2025. This legislation aims to extend the right to work requirements beyond traditional employment relationships. If passed, businesses will need to verify immigration status for a wider range of working arrangements.
Currently, the right to work checks apply only to employees under a contract of employment, contract of service, or an apprenticeship. Under the proposed changes, this duty will extend to agency workers, subcontractors, gig economy workers, and casual staff.
The Government argues that modern labour models create ‘blind spots’ exploited by rogue operators, increasing the risk of illegal working and worker exploitation, and acting as a pull factor for smaller boat crossings.
The changes will significantly increase the compliance obligations for businesses that rely on flexible labour. End-user businesses will become liable when illegal workers are sourced through agencies, online platforms, or subcontracting arrangements. With civil penalties of up to £60,000 per illegal worker, the cost of non-compliance is substantial.
The Government ran a public consultation on how these changes should be implemented, which closed on 10 December 2025. You can read more about this on the Government website here.
Looking ahead
The Government had planned to introduce a national digital ID scheme for proving the right to work. While a digital system already exists for foreign residents, the new scheme would cover all UK residents. These proposals have however been watered down, with the digital scheme now being optional rather than mandatory. Critics argue that such a system may not deter unscrupulous employers any more effectively than current measures. If implemented, the digital ID scheme is expected to launch before the next general election.
Increase in the English language requirement for visa applicants
From 8 January 2026, the English language requirements for visa applicants changed. This development, which was announced as part of the Government’s wider immigration reforms, has affected a range of visa categories, including Skilled Worker, High Potential Individual, and Scale-up routes.
Raising the Bar: From B1 to B2
The most notable change is the increase in the minimum English language requirement from Common European Framework of Reference (CEFR) level B1 to B2 for certain visa categories. The B2 level requires applicants to demonstrate a higher degree of fluency and comprehension in English, including the ability to understand complex texts and engage in detailed discussions.
Policy Rationale and Broader Immigration Reform
These changes form part of the Government’s ‘Plan for Change’ White Paper, which outlines a broader strategy to reform the UK’s immigration system. The stated objectives include enhancing public confidence, improving migrant integration, and ensuring that visa holders are well-positioned to contribute to the UK economy.
For further details you can review the Statement of changes to the Immigration Rules: HC 1333, 14 October 2025 – GOV.UK here.
You can also read the Restoring control over the immigration system: White Paper here.
Changes to Graduate visas
The Graduate Route is changing as part of the wide-reaching immigration reforms introduced by the Government. Introduced to attract global talent, this visa category has become a critical pathway for international graduates seeking to launch their careers in Britain. However, from 2026 onwards, a series of reforms will reshape how graduates and employers navigate post-study work opportunities.
Current position: The Graduate Route allows international students completing a UK degree to remain in the UK for two years (or three years for PhD graduates) without sponsorship.
Upcoming change: From 1 January 2027, the standard Graduate Visa will be shortened to 18 months for bachelor’s and master’s graduates. PhD graduates will retain the three-year allowance. Students graduating and applying before 31 December 2026 will still benefit from the two-year period.