Transitional Provisions — Cliff-Edges of the Reform
The reform splits people into three groups: protected by old rules, caught by new rules, and those whose future depends on a court case (the JR by Skill Migrants Alliance). Find your group below.
"Transitional provisions" usually sounds dry — but they hold the answer to "does this affect me or not". Here we map the groups: what is law already, what is only a proposal, and what is in court.
Group 1 — today protected by old rules
As of today, the rules favour them — explicitly preserved (via a cut-off date or a −5-year reduction). The biggest risk is the autumn 2026 Statement of Changes. The consultation explicitly asked whether transitional arrangements should be removed entirely; the Home Secretary has publicly said the new rules should apply to everyone already in the UK. Skill Migrants Alliance is preparing a Judicial Review against retrospectivity.
Keeps the 5-year ILR pathway via Appendix Settlement Protection. The test is the date of the claim or further submissions, not the date of decision. Already law (HC 1691, 5 March 2026).
⚠️ As of today, yes. The autumn 2026 Statement of Changes (expected later this year) could rewrite Appendix Settlement Protection. Stronger defences here than for other groups — Article 34 Refugee Convention, UNHCR's position, the SMA Judicial Review. But nobody can guarantee the autumn rules won't be applied to this cohort too.
Unaccompanied Asylum-Seeking Children — under-18s without an accompanying adult. They keep 5-year leave even after 2 March 2026. Spelt out in HC 1691.
Pre-Settled to Settled — unchanged. The scheme is locked by the Brexit Withdrawal Agreement (an international treaty). Earned Settlement does not reach into it. Five years' continuous residence as before.
The 5-year route to ILR is preserved via a −5-year reduction off the 10-year baseline. The headline period does not change. But the new mandatory pillars (B2 English, no criminal record, £12,570+ taxable earnings for 3-5 years) apply to everyone.
If the sponsor is a British citizen, the route stays at 5 years via a −5-year reduction. If the sponsor holds ILR but not citizenship — that is Group 3, see below.
Group 2 — caught by new rules
The new rules are either ENACTED (in force) or LAID (in a Statement of Changes, with a commencement date set). Nothing to argue.
Core Protection: status is granted for 30 months instead of 5 years. Every 30 months — a safe-return review. When the 20-year clock to ILR (if it becomes law) starts is not stated in the consultation text. This is the central unknown.
B2 English (upper-intermediate) for ILR — instead of B1 (intermediate). Applies retrospectively: to everyone already on the path to ILR, including via Appendix Private Life and Appendix Settlement Family Life. Already LAID. The time to book a course / exam is now.
Group 3 — fate depends on the court
The rules are still PROPOSED (in the consultation paper) or BRIEFED (announced without rule text). Skill Migrants Alliance has filed a Pre-Action Protocol against retrospectivity — a Judicial Review is being prepared.
Currently 5 years to ILR. Proposed: 10-year baseline (RQF 6+), applied retrospectively. Home Secretary Mahmood has confirmed the intent that the new rules should affect those already in the UK (Times, 1 March 2026). It is exactly this retrospectivity that the SMA is challenging.
Care assistants and support workers — most are below RQF 6. Proposed 15 years (instead of 5), retrospectively. RCN: up to 50,000 nurses at risk; 60% "very likely" to leave.
If the sponsor holds ILR but not citizenship (a refugee, BN(O), Settled EUSS) — the −5-year reduction does not apply. By default you fall onto the 10-year baseline. Free Movement and Praxis infer this from the absence of the reduction in the consultation table — the Government has not confirmed it in writing. An under-reported cliff-edge.
Proposed: a 20-year route to ILR (8 renewals × 30 months). Refugee Council estimates 1.9 million reviews over 10 years and £1.27 billion in cost. UNHCR points to a possible breach of Refugee Convention Article 34. Deeply uncertain: when the 20-year clock starts (decision date, arrival date, or first-grant date) — the consultation text is silent.
Appendix Long Residence (10-year route) — a long-standing safety net for those who fell out of categorised routes. Proposed abolition or extension to 20 years. Not addressed in HC 1691 — details unknown.
Same logic — but it requires primary legislation (Act of Parliament, not a Statement of Changes). Expected 2027-28. No text yet. Affects everyone planning to apply for British citizenship after ILR.
What is happening right now (no advice)
This page does not give legal advice — we are not IAA-regulated advisers. Below: facts about key dates and resources only.
- Documents covering the whole period of residence (payslips, tenancy agreements, P60s, HMRC statements) are standard material for any immigration application. What to keep and how is best discussed with a regulated adviser.
- 13 May 2026 — deadline for the Government to respond to the Home Affairs Committee's critical report. A major event; we will update this page.
- Skill Migrants Alliance (skillmigrantsalliance.co.uk) is running a Judicial Review against retrospectivity. Lawyers — Kingsley Napley + Sonali Naik KC, Garden Court Chambers.
- B2 English is the only LAID requirement with a fixed commencement date (26 March 2027). Courses and exams are available now.
- A regulated immigration adviser can be checked on iaa.gov.uk (formerly OISC). A solicitor — on sra.org.uk. Free help via legal aid (see /lawyer/).
Frequently asked questions
What are transitional provisions?
Rules that decide which group is governed by the old law, which by the new, and whether there is protection for those already in the UK under old rules. Only part of these rules is settled for the Earned Settlement reform — the rest is still under discussion.
I claimed asylum on 28 February 2026 — which rules apply to me?
A claim made by 1 March 2026 is protected: 5-year status + ILR after 5 years (Appendix Settlement Protection). This is already law (HC 1691). The test is the date of claim, not the date of decision.
What is the Skill Migrants Alliance JR?
JR = Judicial Review (a court challenge). SMA has filed a Pre-Action Protocol (lawyers Kingsley Napley + Sonali Naik KC, Garden Court Chambers) against the retrospective application of the new rules. If the court agrees, people on the 5-year route would not be moved onto 10/15/20-year periods.
Is B2 English retrospective?
Yes. From 26 March 2027 the ILR English requirement is B2 (upper-intermediate) instead of B1 (intermediate). It applies to everyone already on the path to ILR — even people who arrived in 2022. This is already laid (LAID).
What does "British sponsor" mean for the family route?
If your spouse is a UK citizen, you keep the 5-year route via a −5-year reduction. If your spouse holds ILR but not citizenship (a refugee, BN(O), Settled EUSS) — by default you fall onto the 10-year baseline. This is PROPOSED, not law.