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Tis the season for Home Office consultations on Immigration…

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Following a host of changes to the Immigration Rules throughout 2025, the government are not showing any signs of slowing down following a number of different Calls for Evidence and Consultations on areas covered in their White Paper. This is certainly a sign of things to come in 2026.

We set out below details of the different ways stakeholders can contribute to ensure your voice is heard in the following:

  • Earned Settlement – Home Affairs Call for Evidence
  • Extending the Right to Work Scheme – Consultation
  • Temporary Shortage List Stage 2 review– Migration Advisory Committee Call for Evidence

Earned Settlement – Home Affairs Call for Evidence

Purpose? To evaluate evidence for and potential impact of, recent government proposals for earned settlement which include:

  • Increasing the qualifying period for indefinite leave to remain in the UK from 5 years to 10 years, with exceptions.
  • Making it a condition for an overseas national to ‘contribute’ to the UK.
  • Introducing a series of ‘new’ tests for Settlement including national insurance contributions, no access to benefits, a higher level of English language and giving back to the community.

Aimed at? Overseas nationals, international families, international and UK businesses, organisations or groups of organisations working with overseas talent.

Example questions for consideration?

  • What is the likely impact of longer routes to settlement on businesses and employers, including international recruitment of higher-skilled workers?
  • What potential effect could changes to eligibility for settlement have on integration?
  • How should ‘long-term contribution’ to the UK be defined and quantified when considering pathways to settlement.
  • What evidence is there from other countries on the above issues?

Submissions: Parliament Committee – Call for evidence.

Deadline: 2 December 2025

Further information? Routes to Settlement.

Extending the Right to Work Scheme – Consultation

Purpose? To seek views on the extension of right to work checks for businesses hiring ‘gig economy’ and zero-hour workers.

Aimed at? Sectors such as construction, food delivery, beauty salons, courier services and warehousing.

Example questions for consideration?

  • Whether changes in legislation will mean your business model will now be brought into scope of right to work checks?
  • Whether your business need to invest in new systems, training, or staff to comply with the expanded requirements?
  • Whether you believe the change in legislation will help to reduce illegal working in your industry?
  • Whether you think sufficient guidance / advice / support is available to ensure you are able to conduct right to work checks currently?
  • Whether the change in legislation require your business to conduct right to work checks in circumstances not previously required?

Submissions: Respond online or email righttorentandrighttowork@homeoffice.gov.uk

Deadline: 11.59pm 10 December 2025

Further information? Government consultation – Extending right to work scheme

Temporary Shortage List Stage 2 review – Migration Advisory Committee Call for Evidence

Purpose?. To help confirm which occupations should continue to be included on the Temporary Shortage List (TSL) due to workforces shortages, and which should be added or removed, to maximise the domestic workforce.

Aimed at? Government organisations submitting Job Plans or sector representative bodies. Relevant employers in an Industrial Strategy sector (Advanced Manufacturing, Clean Energy Industries, Creative Industries, Defence, Digital and Technologies, Financial Services, Life Sciences, Professional and Business Services) or building Critical Infrastructure must respond to the consultation through their relevant sector representatives set out on the Occupation Mapping Document found at the bottom of this page.

The list of Occupations that have been progressed for consideration at Stage 2 of the Temporary Shortage List review can be found at Annex A here.

Example questions for consideration?

  • Does your organisation represent one of the Industrial Strategy sectors or Critical Infrastructure?
  • Overview of the occupation, current and recent shortage, and the drivers of any shortage (including barriers to training, recruitment and retention).
  • Overview of recent employment trends and what future employment might look like for this occupation over the next 5-10 year
  • The impact of not being on the Temporary Shortage List, why migration should be the response to any shortage.

Submissions: Through your sector representative listed on the Occupation Mapping Document at the bottom of this page. Or if your sector representative is not listed, contact the MAC at tslsubmissions@mac.gov.uk who will forward the information

Deadline: 11.59pm 2 February 2026

Further information? Temporary Shortage List review – Stage 2

The Immigration team at Winckworth Sherwood will be making written submissions towards Calls for Evidence on behalf of clients and the different sectors it represents. If you have any queries about any of the Consultations or Calls for Evidence listed, please contact the Immigration team at Immigration@wslaw.co.uk.

 

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