Skilled Worker Justice Alliance advances preparations for potential judicial review of earned settlement reforms

The Skilled Worker Justice Alliance (SWJA) has announced that it is advancing preparations for a potential judicial review of the Government's proposed earned settlement reforms. It argues that the changes should not retrospectively affect Skilled Worker visa holders who entered or switched into the route before 12 May 2025, or their dependants. The date marks the publication of the Government's immigration white paper setting out plans to reform the settlement system.

In a public statement issued yesterday, SWJA called on the Home Office to preserve the existing five-year pathway to settlement for affected Skilled Workers and their dependants, subject to the salary requirements and transitional provisions applicable under the previous immigration rules.

The announcement follows the Home Secretary's statement last Monday confirming details of the Government's earned settlement policy, which introduces a new ten-year qualifying period for most applicants who have yet to obtain indefinite leave to remain (ILR). Home Secretary Shabana Mahmood said the reforms will begin to be laid from next month and will be implemented over the course of 2027.

SWJA said it did not oppose the Government's authority to introduce prospective immigration reforms but it objected to retrospectively changing settlement conditions for people who had made employment, family and financial decisions in reliance on the previously published five-year framework.

The organisation said it had undertaken policy research, parliamentary engagement and public advocacy but had not secured the transitional protection it was seeking. Therefore, it is now seeking independent preliminary advice for a potential legal challenge.

SWJA told EIN: "The principal legal issues under consideration are substantive retrospectivity, legitimate expectation and procedural unfairness. Related public-law grounds remain under consideration and will be determined on independent legal advice."

It emphasised that any decision to pursue legal action would depend on independent legal advice, the available evidence, the timing and content of relevant Government decisions, and sufficient funding.

SWJA is now raising funds towards the cost of obtaining an initial independent written opinion from a King’s Counsel specialising in public law, with further funds potentially supporting evidence gathering and case preparation.

The fundraising appeal is available here on JustGiving. Further information is available on SWJA's judicial review support page.

SWJA also said it was open to working with other organisations representing affected migrants where there was alignment on objectives and appropriate arrangements could be agreed.