Mastering Immigration Law Subscription Update – March 2026
March 2026 saw significant developments in UK immigration law, driven by new case law and policy updates. Key changes affected areas such as deception, settlement, and sponsor compliance, with several important developments arising from precedents issued during the month.
Our MIL Blog covers some of these essential updates that immigration advisers need to understand for effective client representation.
Administrative regime
YC [2026] EWCA Civ 285 confirms that decisions made by mistake can be corrected by the HO but only if done promptly.
The case of YC [2026] EWCA Civ 285 confirms that the Home Secretary has an implied incidental power under the Immigration Act 1971 to correct a mistaken decision, including where the wrong leave decision was communicated, but only where the error is obvious and the correction is made promptly.
The Court of Appeal accepted that a public law decision can be withdrawn and replaced if the first notification was plainly a clerical or similar slip, not a genuine, intended grant, and the person could not reasonably have expected the mistaken outcome. The majority stressed that this is a narrow power constrained by public law principles, so delay or uncertainty may prevent its use.
The case does not imply the Home Office can freely reopen decisions whenever it likes; however, it the precedence does offer liberty to the Home Office that it may correct a clear mistake quickly, but not after an unjustified delay or where the supposed “error” is not obvious.
Interpreters Code of Conduct bans the use of artificial intelligence during assignments
The UKVI Interpreter Guidance has clearly stated that the use of Artificial Intelligence (AI) is prohibited during assignments by requiring interpreters to perform the work themselves, under their own control, and in line with confidentiality, accuracy, and professionalism standards. It also says interpreters must be physically located in the UK for remote Home Office telephone or video assignments, which reinforces that assignments are meant to be carried out directly by the interpreter, not delegated to automated tools.
The Guidance further reinstates that the interpreters should not use AI to translate, interpret, summarise, or draft responses during a live assignment if that would introduce a third-party system into the work or risk accuracy and confidentiality. The key compliance point is that the interpreter remains personally responsible for the assignment and cannot outsource the substance of interpretation to technology.
The UKVI’s position is best understood as a no AI during assignment rule, even if the guidance is framed through broader professional duties rather than a single standalone “AI ban” sentence.
English Language requirement update for ILR / Settlement routes
English language requirement rises from B1 to B2 for ILR applications on several routes from 26 March 2027.
The B1 to B2 rise which is imminent from 26 March 2027 affects settlement/ILR applications on affected routes, but not every visa application itself. The Home Office announcement states the change applies to applications for settlement made on or after that date in applicable routes, while some visa routes already moved to B2 earlier for new applicants.
The change is aimed at settlement applications in the routes covered by the March 2026 statement of changes, including the main work and family settlement routes that previously used B1 as the general settlement English standard. In practice, this means people settling after time on routes such as Skilled Worker, Scale-up, and High Potential Individual will generally need B2 when the settlement stage falls on or after 26 March 2027, unless an exemption applies.
The March 2026 change is different from the earlier January 2026 change, which already raised the English requirement to B2 for new applicants on some work routes. Therefore, there are now two separate points in time to watch: B2 for certain new visa applications from January 2026, and B2 for settlement applications from 26 Marc 2027.
If an applicant is planning ILR after 26 March 2027, they may need to retake an approved English test or rely on an eligible degree assessed as meeting B2. The key question is the date of the settlement application and whether the route is one of the affected settlement routes.
Dishonesty Factors influencing residency time in the UK
AL [2026] EWCA Civ 370: possessing leave effectively obtained by dishonesty does not make residence any less precarious.
The case of AL [2026] EWCA Civ 370 decided that even if a person has leave that was obtained by dishonesty, that does not automatically make their residence any less precarious for Article 8 purposes; the court will still look at the real immigration position and the fact that the leave may be vulnerable to challenge or removal.
Ratio derived from the case concludes that dishonestly obtained leave does not create a stronger private-life footing than other forms of temporary leave. The residence remains precarious because it is still contingent on the Home Office not withdrawing, varying, or invalidating it, and the individual cannot rely on the dishonesty to argue that the residence became secure.
Therefore, dishonest acquisition of leave does not convert precarious residence into settled or reliable residence; it stays precarious in the same way, if not more so, because the underlying grant is open to being undermined
Updates: Sponsor Licence and Sponsorship of workers
Confirmation that Sponsors must be familiar with every aspect of the sponsorship guidance.
UKVI’s Sponsor Guidance says sponsors must comply with all sponsor duties and the Immigration Rules, and the guidance sets out how to meet those duties and what action can follow a breach. It also makes clear that sponsors are expected to read and follow the full guidance, because their licence can be downgraded, suspended, or withdrawn if they do not meet the requirements.
In practical terms, the “must be familiar with every aspect” point means a sponsor cannot rely on a partial understanding of the rules. UKVI expects sponsors to know their record-keeping, reporting, monitoring, and wider compliance obligations, and to use the sponsorship management system correctly when changes must be reported.
Sponsors must understand and follow the full sponsor guidance, keep accurate records, report relevant changes, and comply with immigration and employment law, as failure to do so can put their sponsor licence at risk.
Compelling evidence of suitability to hold a licence will now require post cooling-off of renewed applications after dishonesty/deliberate misconduct revocations.
For a renewed sponsor licence application after a cooling-off period following revocation for dishonesty or deliberate misconduct, UKVI Guidance states you must provide compelling evidence that you are now suitable to hold a sponsor licence.
This further implies that the new application must do more than repeat the old material; it should show that the reasons for the previous revocation have been remedied and that the organisation now has robust, credible compliance arrangements. UKVI’s Guidance also makes clear that sponsors are expected to be fully familiar with all parts of the sponsor guidance and to remain aware of updates, because compliance failures can still be taken into account.
UKVI will expect strong evidence that the original misconduct has been fully addressed, the key personnel are trustworthy, the HR and reporting systems are robust, and the business can comply with sponsor duties on an ongoing basis.
So the phrase “compelling evidence” is best understood as a high threshold: strong documentary proof that the sponsor is now fit to be trusted again, not just a general assurance or apology. If the previous revocation involved dishonesty or deliberate misconduct, UKVI will expect a much more detailed explanation and supporting evidence than for an ordinary refusal.
Sponsors’ record keeping duties now include right to work checks for workers who are not direct employees from 6 March 2026; workers must be alerted to their employment law rights.
The latest position is that UKVI backtracked on the wider April 2026 expansion and, in the 20th May 2026 Sponsor Guidance update, restored the more limited wording that sponsors must check the right to work of any worker they wish to sponsor, including a worker who is not their direct employee, or any worker they otherwise wish to employ. The current Guidance also says this applies before the worker starts, even if they appear to be British or settled, and failure to do the correct checks can breach sponsor duties and normally lead to revocation.
On record keeping, the updated Appendix D Guidance now requires sponsors to keep evidence of right to work checks where relevant, reflecting the revised sponsor duty wording. The Home Office position in the current Guidance is also that workers covered by sponsor duties should be alerted to their employment law rights as part of compliant handling of engagement and record keeping, though the headline April 2026 expansion to all directly engaged workers was reversed.
In short, the current rule is narrower than the brief April 2026 expansion: sponsors must carry out and keep records of right to work checks for sponsored workers and other workers they employ or wish to sponsor, but the Home Office has rolled back the broader “directly engage” formulation.
Keeping Pace with UK Immigration Law Changes
At HJT Training, we are committed to ensuring immigration advisers maintain their position at the forefront of legal practice. Through our continuously updated Mastering Immigration Law (MIL) platform, we deliver precise and comprehensive analysis of emerging developments. Our subscribers benefit from authoritative insights and practical guidance, enabling them to provide outstanding representation to their clients.
We take pride in delivering prompt, precise, and perceptive analysis of the ever-shifting immigration landscape. By tapping into our resources, advisers can confidently tackle the intricacies of immigration law, providing expert guidance to those who depend on their knowledge.
For our subscribers’ convenience, we’ve compiled a thorough list of all updates in the Updates & Videos module. It’s our way of ensuring you’re always in the know, ready to face whatever challenges the world of UK immigration might bring.
A comprehensive list of all the updates is listed for our subscriber’s reference under the Updates & Videos module.
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As the year progresses, we anticipate further changes on the horizon and MIL will be your reliable companion throughout these times.
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Written by Shareen Khan – Legal Content Writer, HJT Training
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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Immigration advisors should consult the full decisions and official policy documents when advising clients on specific cases.
