The Home Office has published the long-awaited Equality Impact Assessment (EIA) for the Border Security, Asylum and Immigration Act 2025, which received Royal Assent on 2 December. Released on 3 December 2025, the 33-page document analyses how the Act’s provisions—from tougher electronic-tag requirements for absconders to a 10-year residency rule for settlement—could affect protected groups under the Equality Act.
Of particular interest to global mobility teams is section 45, also published on 3 December, which clarifies that EU/EEA and Swiss citizens with status under the EU Settlement Scheme will continue to be treated as beneficiaries of the Withdrawal Agreement. This assurance removes lingering doubts about future family-reunion rights and healthcare access for seconded employees and their dependants.
![New equality impact assessment sheds light on sweeping Border Security, Asylum and Immigration Act]()
The Act introduces a “contribution-based” pathway to indefinite leave to remain, requiring most migrants to spend a decade in lawful residence unless they meet high earnings or community-service thresholds. Employers planning long-term assignments must therefore reassess timelines for permanent residency sponsorship and consider transitional protections for staff already in the Skilled Worker or Global Business Mobility routes.
The EIA concedes that some measures—such as curfews and expanded detention powers—may disproportionately affect women and young people but argues the overall package is justified by the legitimate aim of controlling migration. Stakeholders have until 31 January 2026 to submit feedback, after which secondary legislation will flesh out operational details.
Legal advisers recommend that sponsors audit their EU-national workforce to ensure all have digital status and are aware of the updated settlement timeline. HR teams should also track forthcoming statutory instruments that could alter right-to-work documentation or sponsor-licence obligations.
Of particular interest to global mobility teams is section 45, also published on 3 December, which clarifies that EU/EEA and Swiss citizens with status under the EU Settlement Scheme will continue to be treated as beneficiaries of the Withdrawal Agreement. This assurance removes lingering doubts about future family-reunion rights and healthcare access for seconded employees and their dependants.
The Act introduces a “contribution-based” pathway to indefinite leave to remain, requiring most migrants to spend a decade in lawful residence unless they meet high earnings or community-service thresholds. Employers planning long-term assignments must therefore reassess timelines for permanent residency sponsorship and consider transitional protections for staff already in the Skilled Worker or Global Business Mobility routes.
The EIA concedes that some measures—such as curfews and expanded detention powers—may disproportionately affect women and young people but argues the overall package is justified by the legitimate aim of controlling migration. Stakeholders have until 31 January 2026 to submit feedback, after which secondary legislation will flesh out operational details.
Legal advisers recommend that sponsors audit their EU-national workforce to ensure all have digital status and are aware of the updated settlement timeline. HR teams should also track forthcoming statutory instruments that could alter right-to-work documentation or sponsor-licence obligations.
