KNOBEL IMMIGRATION ADVISERS https://helensmithimmigration.co.uk A Solutions Focused Immigration Law Firm Thu, 18 Dec 2025 11:19:41 +0000 en-GB hourly 1 https://helensmithimmigration.co.uk/wp-content/uploads/2022/10/cropped-Helen-Smith-Immigration-Logo-32x32.png KNOBEL IMMIGRATION ADVISERS https://helensmithimmigration.co.uk 32 32 174233436 Major ‘Earned Settlement’ Overhaul Hits Path To Indefinite Leave to Remain https://helensmithimmigration.co.uk/major-earned-settlement-overhaul-hits-path-to-indefinite-leave-to-remain/ https://helensmithimmigration.co.uk/major-earned-settlement-overhaul-hits-path-to-indefinite-leave-to-remain/#respond Thu, 11 Dec 2025 10:45:40 +0000 https://helensmithimmigration.co.uk/?p=1562 Proposed changes to the way people obtain Indefinite Leave to Remain (ILR or permanent residence) in the UK represent a major shake-up to the pathway for almost all visa holders.

The changes are set out in a recent UK government consultation and introduce an ‘earned settlement’ model. The government is suggesting these provisions will apply to everyone who is in the UK today and does not already have ILR.

This means they might affect you or your family, even if you are currently on a route to settlement.  The proposals are not a definite statement on precise changes to the law, but the government says it intends to start changing the law with effect from April 2026. 

Here’s a summary of the most important changes – if you have specific questions, please reach out to us. 

ILR baseline increasing from 5 to 10 years

The government intends to create a baseline qualifying period for ILR of 10 years – double the current 5 years. This will be the starting point for all applicants, apart from those under the EU Settlement or Windrush Schemes. The baseline can then be adjusted up or down depending on a number of factors. 

Minimum requirements
The government plans to expand the minimum requirements for ILR. These do not alter the baseline time-frame and will be standard requirements for everyone. The following are not subject to the consultation:

Suitability: the general refusal grounds already exist. Applicants also must not have any debt (debt has not yet been defined here, but we understand it to include NHS, litigation and tax debts).

• Integration: the English language requirement for ILR is being raised from level B1 to B2. Individuals must continue to pass the Life in the UK Test.

• A third minimum requirement is being considered and is subject to consultation Contribution: each applicant must have made National Insurance contributions by way of income of over £12,570pa for the last 3 to 5 years. This would apply also to dependants.

Baseline adjustments
As part of the consultation, the government has identified factors which can result in the 10-year baseline being adjusted up or down. The following will adjust the baseline down – only the one that leads to the greatest reduction will be applied:

IntegrationEnglish language at level C11 year reduction
ContributionTaxable income of £125,140 for the 3 years before applying*7-year reduction
Taxable income of £50,270 for the 3 years before applying*5-year reduction
Employed in a specified public service occupation for 5 years5-year reduction
Worked in the community, for example volunteering5-year reduction (not subject to consultation)
Entry and ResidenceApplicant has a visa as the parent, partner or child of a British citizen5-year reduction (not subject to consultation)
Applicant has a visa under the British National (Overseas) route5-year reduction (not subject to consultation)
Applicant has 3 years under the Global Talent or Innovator Founder routes7-year reduction

* Taxable income is normally defined as an individual’s gross earnings, minus the tax-free personal allowance of £12,570. 

The following factors will increase the baseline – only the one resulting in the largest increase will be considered:

ContributionIn receipt of public funds (benefits) for less than 12 months (during the route to ILR)Up to 5-year increase
In receipt of public funds for more than 12 months (during the route to ILR)Up to 10-year increase
Entry and ResidenceArrived in the UK by irregular means, for example small boatUp to 20-year increase
Entered the UK on a visit visaUp to 20-year increase
Overstayed visa by 6 months or moreUp to 20-year increase

Impact on dependants

Currently, dependants of work visa-holders can typically apply for ILR with or after the main applicant when they meet the relevant residence requirement for their route. 

The proposed changes anticipate that adult dependants of work visa-holders will have to meet ILR requirements according to their own attributes and circumstances. All dependants, including dependent children, will still only be able to apply for ILR with or after the main applicant.

Transitional provisions

The government proposal is that these provisions will apply to everyone in the UK with immigration permission who does not already have ILR. The government is seeking input on whether there should be transitional provisions for individuals who are already in the UK – we feel very strongly that these changes should only apply to new arrivals here.

Removing recourse to public funds for those with ILR

The consultation also suggests that access to public funds should no longer be allowed to those who are granted ILR and should instead be held back until British citizenship is granted. 

What should you do next?

You could consider taking these actions now to help mitigate the impact:

• Contribute to the consultation response – here is the link for submitting your response. Our firm will be submitting a response and if you would rather give us some feedback to include in that, please let us know. The deadline is 12/02/2026.

• You could coordinate with others in your sector or your community to submit a joint response. The more responses the government receives, the more influence we might all have.

Apply for ILR as soon as you are eligible under the current rules. Bear in mind that you may become eligible some time before the end of your current visa.

If you have already lived in the UK lawfully for 10 years on any visa, you may be eligible for ILR on the 10-year Long Residence basis. That route is expected to close around April 2026.

• If considering applying for ILR, book a Life in the UK Test appointment. We understand there is increased demand for test appointments.

If you have ILR, consider applying for British citizenship as soon as you are eligible. The citizenship rules are likely to make that harder in future. Of course, applying for British citizenship is not for everyone and you will need to look at whether your home countries allow dual citizenship.

Consider a spousal visa: if you are married to, or an unmarried partner of, a British citizen and will be affected by the changes, you may want to consider switching to a spousal visa. The plans suggest that those on spousal visas with a British partner, will remain on a 5-year path to ILR. Switching to the spousal visa will however reset your track to ILR and may not be necessary if the government does implement transitional provisions for individuals who are currently in the UK.

Longer term considerations

Consider community service/volunteering as that may be rewarded with a reduction in the required ILR period.

Work on your English language competence: aim for level C1 to potentially earn a 1-year reduction.

• Be aware that claiming benefits (public funds), having tax irregularities or a criminal record may significantly increase your ILR timeframe or even stop it entirely.

How Can We Help You?

If you have any immediate concerns, please get in touch and we will be happy to help.

We are happy to assist our clients with responses to the consultation or advice on specific employees or their families. We will be holding a series of webinars on these planned changes over the coming weeks and months and will be in touch with details shortly.

Poll: Support You Through the ILR Updates

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UK immigration update: urgent action might be needed https://helensmithimmigration.co.uk/uk-immigration-update-urgent-action-might-be-needed/ https://helensmithimmigration.co.uk/uk-immigration-update-urgent-action-might-be-needed/#respond Fri, 24 Oct 2025 11:31:00 +0000 https://helensmithimmigration.co.uk/?p=1499 The UK government last week published details of a range of changes to the immigration system on which you might need to take urgent action.

These changes could affect you, as a sponsor licence holder or a business currently in the process of obtaining a sponsor licence, and your current or future sponsored workers.

We have set out a summary of the most relevant changes here. If you’d like more detail or to discuss the implications of any of this, please get in touch with us.

Immigration Skills Charge: 32% increase takes effect from 16 December 2025

The Immigration Skills Charge you pay when you assign a Certificate of Sponsorship (CoS) to most Skilled Workers, is increasing by a massive 32% from 16 December 2025. This means the small company fee will increase from £364 to £480 and the large company fee from £1,000 to £1,320, both charged per year of sponsorship.

What should you do?

  • If you are planning to sponsor any new employees or even extend the visas of current sponsored workers, you might save money by bringing forward their sponsorship to pre-16 December 2025. We can work out precisely what difference it will make for you, so please contact us and we will calculate the figure.
  • Have a look at which of your sponsored workers are likely to need visa extensions in 2026 and see if bringing forward their application is feasible. This is one to check up on sooner rather than later as the holidays approach.
  • As a first step, you might need to request an increased CoS allocation – we are expecting a sudden spike in demand for UKVI’s priority service for CoS requests, so please allow plenty of time!

Increased English language requirement for Skilled Workers to B2, from 8 January 2026

The level of English language competence for those applying for a Skilled Worker visa is set to increase from B1 to B2 with effect from 8 January 2026. The new level won’t apply to those who already have Skilled Worker visas, only to people applying for their first Skilled Worker visa.

If you are planning to sponsor anyone in Q1 of 2026 who might struggle to reach this higher standard, you could consider bringing forward their visa application to before 8 January 2026.

Graduate visa length to be reduced to 18 months from 1 January 2027

Students who apply for the Graduate visa from 1 January 2027 will normally only be given permission that lasts for 18 months, rather than the current 2 years.

If you are recruiting graduates from UK universities, you might like to suggest to them that they apply before the end of 2026 if they are eligible.

Proposed ILR timeframe increase from 5 to 10 years

The changes above don’t relate to the anticipated increase to the timeframe needed to qualify for Indefinite Leave to Remain (ILR) from 5 to 10 years. This change is expected to follow soon though, once the Government has carried out the public inquiry, ‘Routes to Settlement’. This inquiry is now open to submission of evidence until 2 December 2025. If you would like to submit evidence, you can find more information on this page.

The best advice is that anyone who is eligible now, should go ahead and apply as soon as they can.

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Should the UK Create a Visa for Young Athletes? https://helensmithimmigration.co.uk/should-the-uk-create-a-visa-for-young-athletes/ https://helensmithimmigration.co.uk/should-the-uk-create-a-visa-for-young-athletes/#respond Wed, 15 Oct 2025 17:23:56 +0000 https://helensmithimmigration.co.uk/?p=1480 With the Ryder Cup teeing off tomorrow, consider the challenges young golfers face trying to develop their game in the UK, which has always been a hub for golfing talent from across the globe.

Prior to Brexit, aspiring golfers from the EU had free movement rights. This allowed them to train at UK golf academies, compete in junior and amateur tournaments and secure sponsorship and build careers on the UK golfing circuit without visa complications.

Now, a junior amateur from Spain or Sweden must try and navigate a UK immigration system which caters for elite but not emerging sporting talent.

The majority of young international golfers looking to train or compete in the UK currently fall between these two visa options:

⛳ Sportsperson Visa: Designed for elite, established professionals with endorsements from governing bodies like the R&A or PGA. This excludes junior or developing players.

👩🎓 Student Visa: Requires enrolment at a licensed educational institution. Golf academies and independent training centres often don’t qualify unless linked to a college or university.

We have so many amazing courses and opportunities for golfing talent to develop in the UK, but our immigration system doesn’t currently allow young overseas athletes to live, train, and compete here under appropriate supervision and without needing to win a major competition first.

The UK’s Global Talent immigration category gives applicants with exceptional promise in science, engineering, humanities, social science, medicine, digital technology or arts and culture the chance to live and work in the UK – why couldn’t we have a category which allows talented young sportspeople from overseas to do the same?

That would give the next generation of golfing talent a far better chance of making the first tee at Bethpage Black with a Team Europe crest on!

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Timothy MacFarlan https://helensmithimmigration.co.uk/timothy-macfarlan/ Fri, 19 Sep 2025 20:23:51 +0000 https://helensmithimmigration.co.uk/?p=1447

Timothy MacFarlan

Solicitor

Tim MacFarlan

Tim is an adaptable and strategic immigration law specialist, with broad experience advising corporate and private clients. On the business immigration side this includes: Skilled Worker and Global Business Mobility; sponsor licence applications; immigration aspects of TUPE and company restructuring; auditing of HR and right to work processes and sponsor duty compliance. Tim’s personal immigration experience includes: partner applications; Global Talent; EU Settlement Scheme; citizenship; Long Residence; Government Authorised Exchange; UK Ancestry; regular and Treaty Rights passport applications.

Tim started work with the firm in September 2025. Before moving into law, Tim worked in journalism for nine years, including 18 months freelancing in Mexico as a foreign correspondent.

Tim previously worked as a Trainee Solicitor at Laura Devine Immigration. Tim qualified as a Solicitor via the SQE route and is always keen to hear from anyone looking to do the same, especially other career changers.

 

 

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Joo-hyun Cha https://helensmithimmigration.co.uk/joo-hyun-cha/ Mon, 15 Sep 2025 19:04:25 +0000 https://helensmithimmigration.co.uk/?p=1429

Joo-hyun Cha

Solicitor

Joo-hyun Cha

Joo is an experienced immigration solicitor with a particular focus on business immigration. He has worked with businesses of all sizes, from sole traders to multi-national companies. He is adept at identifying the needs of the business and developing solutions to enable the transfer of skilled workers to the UK thanks to his understanding of many underutilised visa categories.

Joo moved to the UK from South Korea with his family and has personally been through the visa process. He understands the stresses and significance of the process, allowing him to provide a service with an empathetic touch.

He received his Bachelor of Law from City St George’s, University of London in 2018 and completed the LPC in 2019. He qualified as a Solicitor in November 2023 and previously worked at Davidson Morris.

 

Just wanted to say a huge thank you for making our immigration process so smooth. Your team’s support was fantastic and we really appreciate all the help. Highly recommend!

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Zoe Ngoma https://helensmithimmigration.co.uk/zoe-ngoma/ Mon, 15 Sep 2025 17:51:08 +0000 https://helensmithimmigration.co.uk/?p=1418

Zoe Ngoma

Junior Paralegal

Zoe Ngoma

Zoe is currently studying Law with Philosophy and Politics at the University of Surrey and is expected to graduate in 2027. As part of her placement year, she is working with us as a junior paralegal, supporting the team with preparing applications and drafting legal documents. Zoe also has prior experience working with a charity, where she assisted with housing applications. She hopes to bring this experience to contribute positively to the firm.

 

 

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Xheneta Mehmeti https://helensmithimmigration.co.uk/xheneta-mehmeti/ Thu, 30 Jan 2025 14:14:07 +0000 https://helensmithimmigration.co.uk/?p=1213

Xheneta Mehmeti

Paralegal

Xheneta Mehmeti

Xheneta assists with the full range of business and personal immigration cases. She has successfully completed her LPC and Master’s in Law, and has an LLB from the University of Law in London. She is an experienced entrepreneur and has worked in client facing roles. She has a client focused approach and strives to make a positive impact through her work. Xheneta was a refugee when she came to the United Kingdom and has committed her future to helping those in need.

 

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Keerat Kaur  https://helensmithimmigration.co.uk/keerat-kaur/ Wed, 20 Sep 2023 15:39:04 +0000 https://helensmithimmigration.co.uk/?p=750

Keerat Kaur 

Trainee Solicitor

Keerat's-photo

Keerat assists with both business and personal immigration matters, including Global Talent, Skilled Worker, Sponsor Licence, spousal, Settlement and Nationality applications. She is currently completing the LPC with an integrated Master’s in Law with the University of Law.

Keerat received her Bachelor of Law with International Relations from the University of Surrey in 2025. Keerat joined the firm in 2023 on a placement year from the University of Surrey and continued work at the firm since. Keerat has previously worked in customer service roles.
Outside of work, Keerat runs her own small baking business.

‘Keerat has been an incredible support throughout my immigration process. She’s always been quick to respond to my queries, explaining everything clearly and patiently. Her calm and reassuring manner made what could have been a stressful journey feel safe and manageable. I couldn’t have asked for a better adviser-truly 10/10 service.’

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Lenka Petterson https://helensmithimmigration.co.uk/lenka-petterson/ Wed, 20 Sep 2023 14:08:56 +0000 https://helensmithimmigration.co.uk/?p=751

Lenka Petterson

Administrative Assistant

Lenka's-photo

Lenka is an experienced administrative assistant, who assists the team’s functioning and organisation, including liaising with client enquiries, arranging meetings between clients and solicitors, managing client security protocols and administration. Lenka is a fluent Czech speaker and enjoys yoga, travelling and discovering new cultures.

 

 

 

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Rhea Hennessey https://helensmithimmigration.co.uk/rhea-hennessey/ Mon, 07 Nov 2022 12:32:46 +0000 https://helensmithimmigration-co-uk.stackstaging.com/?p=317

Rhea Hennessey

Trainee Solicitor

Rhea Hennessey

Rhea assists with both business and personal immigration matters, including Global Talent (Tech Nation), Skilled Worker, Sponsor Licence, spousal, Settlement and Nationality applications. She is currently completing the LPC with an integrated Masters in Law.

Rhea received her Bachelors of Law from the University of Lincoln in 2021. Whilst studying, she gained voluntary experience with a Windrush Charity, assisting with appeals and victim support. Rhea has previously worked in customer service roles. She has worked for the firm since 2022, supporting on company development and case-work.

 

Contact Details:

Email : info@knobelimmigrationadvisersltd.com
info@knobelimmigrationadvisersltd.comPhone : 07823 614300
LinkedIn : Rhea Hennessey

 

I would like to thank you and your staff so much for all the hard work in helping us to obtain my visa. We know that it could not have happened without you. What was probably the most stressful situation to deal with was made so much easier with all your time, patience and positive attitude.

Private Client

Thank you for this wonderful news! I would like to also express my appreciation for your professional and straightforward handling of our case. We were relieved of a great amount of stress because of your great work!

Private Client

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