Staying for Good? English Language Rules and Routes to Settlement
Welcome to Part 3 of our four-part guide to the UK Government’s 2025 Immigration White Paper. This section focuses on how the Government is reshaping the path to long-term residence and British citizenship. From stricter English requirements to a longer wait for settlement, the emphasis is shifting towards deeper integration but at a higher cost for migrants and their families.
Part 1 covered new work visa rules and the closure of the care worker route. In Part 2 you’ll find an explanation of higher sponsorship costs and shorter graduate visas. Part 4 explores the UK’s new digital border and tighter asylum controls.
The proposed changes would extend existing English language progression requirements to a wider range of visa categories. Under Appendix FM, all partners of British citizens or settled persons must demonstrate A1-level English to enter the UK, A2 when applying to extend their stay after 33 months, and B1 when applying for settlement, usually after 60 months on this visa.
The Government now proposes a new staged English language model for most immigration routes. Under this plan, the applicants would need to demonstrate A1-level English when first applying for a visa. They would then need to show A2-level English when applying for an extension and meet B2-level English when applying for settlement. This model mirrors the existing requirements under Appendix FM, which already applies to partners of British citizens and settled persons.
At present, most adult dependants of workers and students are not required to meet any English language requirement. Introducing this tiered model would be a major shift in policy, placing greater emphasis on language ability for anyone planning to build a long-term future in the UK.
Some routes would remain outside these new rules. Visit visas, short-term student visas, seasonal work schemes, and protection-based routes such as asylum and humanitarian protection would not require applicants to meet any English language thresholds. These are short-term or exceptional categories, and the Government has so far excluded them from these changes.
Ministers argue that the proposed language rules are designed to support better long-term integration. The Government believes that stronger English skills improve access to jobs, reduce pressure on public services, and help migrants participate fully in British life. These principles appear in Section 117B of the Nationality, Immigration and Asylum Act 2002. The Immigration Act 2014 added this section, and it came into force in July 2014. This section sets out the public interest in ensuring that people who seek permanent residence in the UK are able to speak English, as part of the wider assessment of private and family life claims under Article 8 of the European Convention on Human Rights.
However, although the aims focus on integration, the proposed rules create new burdens. Extra exams mean more financial cost, time, and preparation. This could especially affect families with lower incomes, or those in areas with few test centres. For many, particularly from non-English-speaking countries, these changes could make an already complex system even harder to navigate. As the consultation process continues, these concerns will likely play a central role in shaping the final version of the new rules.
Settlement Will Take Longer for Most
Previously, many people could apply for settlement in the UK after five years of lawful residence. Under the Government’s new proposals, this qualifying period could double to ten years for most applicants. Exceptions may apply to partners of British citizens or those who make an “exceptional contribution” to UK society, though the white paper does not clearly define what qualifies as exceptional. It might include volunteering or working in sectors deemed critical.
The Government claims this shift is intended to reinforce the idea that settlement should be earned over time through long-term commitment and integration. It aligns with broader efforts to tighten migration rules and reduce net migration figures. By extending the required residence period, the UK aims to ensure that only those who demonstrate sustained economic and social contribution can achieve permanent status.
By contrast, both Canada and Australia generally allow permanent residency much earlier. In Canada, skilled workers can apply for permanent residency after three years of residence through programs like Express Entry. In Australia, many skilled migrants qualify for permanent residency within four years. These shorter timelines make both countries more attractive for international talent looking for stability and long-term opportunities. The UK’s proposed ten-year requirement risks discouraging skilled individuals who might favour faster-settlement countries.
Upcoming Changes to Family Migration Rules
The Government is reviewing family migration rules with the aim of introducing a unified set of standards across all family visa categories. Right no
w, family visa rules vary by route. Appendix FM sets rules for partners, children, and parents of British citizens or settled persons. Article 8 routes follow different standards based on private life. Other discretionary cases also have separate criteria. The white paper proposes consolidating these into one framework, with standardised requirements for relationship evidence, income, accommodation, and suitability.
A particular focus is on Article 8 claims made outside the standard family routes. The Government says the current rules allow for broad interpretation of compassionate or private life cases. This sometimes leads to approvals even when applicants don’t meet the standard criteria. The proposed changes will set stricter definitions for what counts as ‘exceptional circumstances’ or ‘unjustifiably harsh consequences’. Applicants won’t be able to rely on family ties alone unless they meet the main eligibility requirements.
Another anticipated change is the alignment of documentary requirements. Currently, family applicants face varying expectations depending on the route, whether it is the need for extensive evidence of a genuine relationship, accommodation assessments, or financial documents. The Home Office intends to create uniform documentary standards for all applicants, reducing inconsistencies between different case types.
These changes will not necessarily make it easier to apply. The aim is to limit discretion and make decisions more predictable. This could make it harder to get approval in discretionary cases. Applicants with complex histories or unusual family situations may struggle under the new rules. The Government plans to formalise these proposed changes by the end of 2025, depending on the results of the consultation.
Unlawful Entry May Block Citizenship
In February 2025, the UKVI updated its good character guidance. From 10 February 2025, if you apply for British citizenship after entering the UK unlawfully—such as without valid entry clearance, by small boat, or hidden in a vehicle—officials will normally refuse your application, even if your arrival happened many years ago. This represents a significant change. Previously, unlawful entry only counted against an applicant if it took place within the ten years prior to the application.
The new guidance confirms that unlawful entry will normally result in a refusal on good character grounds unless one of the narrow exceptions applies. These include individuals who were victims of trafficking or children who were brought to the UK without choice. For most applicants, however, there is now a strict presumption against granting citizenship in cases of illegal arrival.
The guidance also underlines the importance of lawful residence under the British Nationality Act 1981. Applicants under section 6(1) must show five years of lawful residence in the UK before the date of application. Applicants under section 6(2)—usually spouses or civil partners of British citizens—must show three years. If a person entered the UK unlawfully, their residence from that point will be considered unlawful and may prevent them from meeting this requirement, even if they have lived in the UK for far longer.
Judicial Review
In response to these developments, Wilson Solicitors have issued a pre-action protocol letter in preparation for a judicial review. They argue that the February 2025 guidance breaks the UK’s duty under Article 31 of the Refugee Convention. This article protects refugees who arrive without permission but claim asylum quickly. They also argue that the policy lacks fairness and legal certainty, particularly because there is no clear path to appeal.
The Home Office has indicated that it may adjust the guidance to reflect Article 31 concerns, but the legal action is expected to continue. Until a court rules otherwise or the guidance is amended, individuals who entered the UK without permission, regardless of how long ago, face a serious risk of refusal if they apply for British citizenship.
Language skills, lawful residence, and ‘good character’ are becoming central to your ability to stay in the UK permanently. But there’s more: the final article explains the digital transformation of the UK border and new restrictions on asylum and humanitarian routes. Don’t miss Part 4 to complete your understanding of these landmark changes.