Migration law and policy in the UK is made up of legislation and policy. Immigration rules set out who does and does not require permission or leave to enter the country, these are drafted by the Home Office under powers granted to it by the Immigration Act 1971. The parameters of the rights granted by legislation are defined in detail by the Courts. The implementation of legislation by the government has been the subject of challenge by civil society in recent years, with the government suffering defeat.

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Migration law and policy in the UK is made up of legislation and policy. Immigration rules set out who does and does not require permission or leave to enter the country, these are drafted by the Home Office under powers granted to it by the Immigration Act 1971. The parameters of the rights granted by legislation are defined in detail by the Courts. The implementation of legislation by the government has been the subject of challenge by civil society in recent years, with the government suffering defeat. This occurred most recently under the Nationality, Immigration and Asylum Act (2002), the refusal of welfare benefits for late asylum applicants was held by the Court of Appeal to potentially violate the applicant’s human rights.

Migrant workers who wish to seek employment in the UK may seek work permits, unless migrants take part in the Highly Skilled Migrant Programme (HSMP), the application for a permit must be made by an employer or the workers behalf. Leave to enter is normally granted on the condition that entry will not require recourse to public funds, migrant workers families are granted entry on the same basis. Migrant workers may only change employment if they obtain sponsorship from a new employer unless they have joined the HSMP. If travelling from a country whose nationals require entry clearance such as visas, migrant workers must also obtain such permission before entry. Migrants may appeal against the refusal of a work permit under an internal procedure in writing within 28 days. All regular migrant workers are protected from discrimination in employment on the grounds of race or gender, workers are also protected in the areas of social welfare and support on the grounds of race. They are also entitled to the same levels of pay, holidays and work conditions as nationals.

Asylum seekers on the territory of the UK may claim asylum under UK legislation. If they are unable to support themselves they will normally be provided with accommodation, which may be in an accommodation centre, or they may be dispersed to accommodation around the country on a no-choice basis, which may limit their freedom of movement. Children who are unaccompanied and seeking asylum are subject to special treatment, which takes into account their particular vulnerability. If recognised as refugees individuals are given indefinite leave to remain in the UK, if given discretionary leave or humanitarian protection, they must wait six or three years respectively to qualify for indefinite leave to remain. If refused any form of protection status, applicants have a right to appeal against this decision. Refugees are entitled to family reunification on recognition of status, persons with discretionary leave and humanitarian leave are granted family reunion once they have indefinite leave to remain.

The UK borders are protected by a number of mechanisms, 111 countries require visas to come to the UK, which must be obtained prior to entry. At the border individuals are required to produce the necessary documents for entry, if they do not do so they may be detained by immigration officers. A number of other mechanisms have been introduced to protect the borders such as joint immigration controls in third countries, including France and Belgium, and Airline Liaison Officers stationed in third countries to advise airline's on whether passengers have the correct documentation to enter and to prevent entry if necessary. Legislation has been introduced to combat trafficking and illegal facilitation or assistance of entry of irregular migrants. The UK has also made a number of bilateral agreements to facilitate the return of irregular migrants, a tripartite agreement was made with UNHCR and Afghanistan, and the UK is party to readmission agreements made by the EU with third countries to facilitate the return of third country nationals.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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