Earned Settlement judicial review

Policy at a glance: what is changing

Government consultation CP 1448 proposes to drastically increase settlement waiting periods, affecting hundreds of thousands already in the UK who were promised a 5-year route.

Skilled Worker (RQF 6+) - before

5 years

Skilled Worker (RQF 6+) - after April 2026

10 years

Skilled Worker (below RQF 6) - before

5 years

Skilled Worker (below RQF 6) - after April 2026

15 years

Health and Care Worker - before

5 years

Health and Care Worker - after April 2026

15 years

RQF (Regulated Qualifications Framework) Level 6 refers to roles requiring bachelor's degree-level skills. Examples include software engineers, doctors, accountants, and most professional roles. Jobs below RQF Level 6 include care workers, administrative assistants, and some technical roles that do not require a degree.

Key facts about the consultation

What is the Earned Settlement consultation?

In November 2025, the UK government launched consultation CP 1448 proposing dramatic changes to settlement rules. Under the guise of "Earned Settlement", the government wants to double the waiting period from 5 to 10 years for Skilled Workers in degree-level roles (RQF Level 6 and above), and triple it from 5 to 15 years for Health and Care Workers and Skilled Workers in roles below RQF Level 6.

Most critically, these changes will apply retrospectively to everyone, including the hundreds of thousands already in the UK who were promised a 5-year route when they accepted jobs, moved their families and built their lives here. There are no transitional arrangements, no grandfathering, and no protection for those who relied on the government's promise.

We are preparing a collective judicial review to challenge this policy on grounds of legitimate expectation, retrospective application, and violation of basic fairness principles.

Who can join this collective action

You may be eligible if you meet any of the following criteria.

• Skilled Worker visa holders

  Currently on a Skilled Worker visa (or predecessor Tier 2); entered the UK before November 2025 when the consultation was announced; expected to apply for ILR after 5 years of residence. RQF Level 6+ roles move from 5 to 10 years, and below RQF Level 6 roles from 5 to 15 years.

• Health and Care Workers

  Currently on a Health and Care Worker visa; came to the UK to work in the NHS or care sector after 2022; were promised the 5-year route when accepting a job offer, and now face a tripled wait time of 15 years.

• Family members

  Spouse or partner of an affected work visa holder, children whose settlement timeline is affected, and family units disrupted by the policy change.

• Supporters

  Employers sponsoring affected workers, professional bodies and unions, and anyone supporting fairness in immigration policy.

Why this matters

Why this policy is legally challengeable

• 1. Legitimate expectation

  Skilled workers and Health and Care workers entered the UK under explicit 5-year settlement rules published in official Immigration Rules and government guidance. They made life-altering decisions (accepting jobs, relocating families, purchasing homes) based on the clear and unambiguous promise of a 5-year route to settlement. This creates a legally protected legitimate expectation.

• 2. Retrospective application

  The consultation proposes to apply new 10-15 year requirements to people already in the UK on existing visas. This is retrospective rule-changing mid-journey. Those who entered under one set of rules should not have the goalposts moved after they've already committed to the UK.

• 3. No transitional protection

  The government has offered zero transitional provisions or grandfathering arrangements. No protection for those who accepted job offers under the 5-year promise. No savings provisions for those mid-way through their journey. This failure to protect existing rights is procedurally unfair and legally questionable.

• 4. Disproportionate impact on health workers

  Health and Care workers face a tripled wait time, from 5 to 15 years. These are the same workers the UK actively recruited during and after COVID-19. Many came from Commonwealth countries specifically because the UK government promised them a pathway to settlement. Tripling their wait time after they have dedicated years to the NHS is manifestly unfair and potentially discriminatory.

• 5. Human rights considerations

  Article 8 ECHR protects the right to private and family life. Migrants have established deep roots in the UK: children in schools, property ownership, community ties, established careers. Dramatically extending their limbo period interferes with these rights without adequate justification and proportionality.

Timeline: how we got here

Government claims versus reality

Voices of those affected

Real stories from skilled migrants impacted by this policy change.

About Wesbridge Associates

We are not just representing you, we are one of you. This challenge is personal.

• Who we are

  Wesbridge Associates Limited is a regulated immigration advisory firm, founded by migrants who understand the challenges firsthand. Our team members have personally experienced the UK immigration system, and we are regulated by the Immigration Advisers Authority (IAA).

• Why we're leading this

  This is not just a legal case for us. Many in our team came to the UK under the promise of the 5-year settlement route. We understand the fear, uncertainty and frustration of having the rules changed mid-journey, and we believe in standing up for what is right, even when it is difficult.

How we will pursue this challenge

• Fairness

  People made life-altering decisions based on government promises. Breaking those promises is fundamentally unfair.

• Dangerous precedent

  If the government can change the rules mid-journey without protection, what stops them from doing it again?

• Human cost

  Real families, real careers and real lives are being disrupted. These are not just numbers, they are people.

• Democratic accountability

  The government must be held to standards of fairness and proper process in policy-making.

• Future migrants

  Protecting today's migrants protects tomorrow's skilled workforce. This affects everyone.

• Economic impact

  Skilled migrants contribute billions to the UK economy. Uncertainty damages both people and prosperity.

Donation transparency: where your money goes

Complete transparency on how every penny is used. The legal fund target is £100,000.

• Legal fees (primary allocation)

  Solicitor fees for preparing judicial review grounds and evidence bundles; barrister fees for court representation and legal opinions; and court filing fees and administrative costs.

• Expert witnesses and evidence

  Immigration policy experts to provide specialist evidence, economists to demonstrate the fiscal contribution of skilled migrants, and human rights specialists where applicable.

• Case preparation and administration

  Document collation and evidence gathering from claimants, witness statement preparation and verification, and translation services where needed.

• Communication and awareness

  Regular updates to all registered claimants on case progress, media and public awareness campaigns, and website hosting and technology costs for the claimant portal.

Every three months we will publish a detailed breakdown of all income and expenditure to all registered claimants. A running total and category breakdown will be published on this page, updated monthly. If we raise more than needed, or if circumstances change, any unused funds will either be returned proportionally to donors (the preferred option) or donated to a migrant rights charity chosen by claimant vote. We welcome independent audit of our financial records at any time.

How we protect your data

Your privacy and data protection are our priorities. We handle your personal information with care and responsibility.

Respond to the official consultation

How to get involved