A group representing Skilled Worker visa holders is preparing for a potential legal challenge against the UK Government’s earned settlement reforms, raising concerns about the impact of the proposed changes on migrants already living and working in the country.
The Skilled Worker Justice Alliance (SWJA) is seeking legal advice on whether the Government can apply the new settlement requirements to existing visa holders who entered the Skilled Worker route before 12 May 2025.
The organisation argues that these individuals and their dependants should retain access to the previous five-year pathway to Indefinite Leave to Remain (ILR).
Why Is the Skilled Worker Justice Alliance Considering Legal Action?
The announcement follows Home Secretary Shabana Mahmood’s statement on 2 November 2026, confirming plans to increase the standard qualifying period for ILR from five to ten years under the Government’s earned settlement framework.
The reforms are expected to begin through changes to the Immigration Rules in December 2026, with further implementation throughout 2027.
SWJA has expressed particular concern about applying the changes to migrants who entered the UK under the existing settlement arrangements.
According to the organisation, many Skilled Workers have made significant employment, financial and family commitments based on the expectation that they could apply for permanent settlement after five years, provided they met the relevant requirements.
SWJA is therefore calling for transitional protections for those who entered or switched into the Skilled Worker route before 12 May 2025, when the Government published its immigration white paper.
What Are the Grounds for a Potential Judicial Review?
SWJA has identified three principal legal issues that could form the basis of a judicial review:
- Substantive retrospectivity: Whether applying the new qualifying periods to existing visa holders would unfairly alter the consequences of decisions made under the previous framework.
- Legitimate expectation: Whether affected migrants had a reasonable expectation that the five-year settlement pathway would remain available to them.
- Procedural unfairness: Whether the Government’s approach to introducing the reforms raises concerns about fairness towards existing visa holders.
The organisation has clarified that it does not oppose the Government’s ability to introduce new immigration policies for future applicants. Its concerns relate specifically to the treatment of people who are already on a pathway towards settlement.
However, these are potential grounds for legal challenge, and their strength has not yet been established by a court.
SWJA Seeks Funding for Independent Legal Advice
Having undertaken policy research, parliamentary engagement and public advocacy, SWJA is now seeking an independent legal assessment of its position.
The organisation has launched a fundraising campaign to obtain an initial written opinion from a King’s Counsel specialising in public law.
Further funding may be used to support evidence gathering and preparations for potential legal proceedings.
SWJA has emphasised that no final decision has been made to initiate judicial review proceedings. Any legal action will depend on the advice received, available evidence, relevant Government decisions and sufficient financial resources.
What Does This Mean for Existing Skilled Worker Visa Holders?
For Skilled Workers approaching their fifth year in the UK, uncertainty remains over whether they will qualify for settlement under the existing rules or become subject to longer qualifying periods.
Although the Government has announced its earned settlement framework, the full transitional arrangements for existing visa holders have yet to be confirmed.
SWJA’s preparations do not mean that the reforms have been challenged successfully or that existing visa holders will automatically retain the five-year settlement pathway.
Until further details are published, affected migrants should continue to monitor developments and assess their eligibility under the Immigration Rules applicable to their circumstances.
How Morgan Smith Immigration Can Help
The proposed settlement reforms have raised important questions for Skilled Workers and their families, particularly those approaching eligibility for ILR.
At Morgan Smith Immigration, we assist individuals and families with settlement applications, eligibility assessments and complex immigration matters.
You can also use our ILR Eligibility Calculator to obtain an initial estimate of your settlement timeline under the current Immigration Rules.
For professional immigration advice, contact Morgan Smith Immigration on 0203 959 3335 or email [email protected].
