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Legal Education
Defining 'Legitimate Expectation' in Plain English
January 10, 2026 •
5 min read
You will hear the phrase "Legitimate Expectation" a lot in our updates. It is the legal shield protecting your 5-year route. But what does it actually mean?
The Definition:
In UK Public Law, if a public authority (like the Home Office) makes a clear promise or follows a consistent practice, it cannot suddenly change that practice in a way that is unfair to those who relied on it.
How It Applies to You:
When you applied for a Skilled Worker visa, the Immigration Rules explicitly stated: *"settlement after 5 years."* You paid fees, moved your family, and paid taxes based on that specific promise.
The Legal Argument:
Our case argues that this created a "substantive legitimate expectation." The government cannot turn around halfway through your journey and say, *"Actually, let's make it 8 or 10 years."* Unless there is an overriding public interest (which they have failed to prove), they must honor the original contract. This is why we are confident of victory in the High Court.
The Definition:
In UK Public Law, if a public authority (like the Home Office) makes a clear promise or follows a consistent practice, it cannot suddenly change that practice in a way that is unfair to those who relied on it.
How It Applies to You:
When you applied for a Skilled Worker visa, the Immigration Rules explicitly stated: *"settlement after 5 years."* You paid fees, moved your family, and paid taxes based on that specific promise.
The Legal Argument:
Our case argues that this created a "substantive legitimate expectation." The government cannot turn around halfway through your journey and say, *"Actually, let's make it 8 or 10 years."* Unless there is an overriding public interest (which they have failed to prove), they must honor the original contract. This is why we are confident of victory in the High Court.