Immigration Rights
Right to work, visa applications, asylum, deportation, EU settlement, detention, family reunion, and indefinite leave to remain under UK law.
Covered in this guide:
If you're not a British citizen, you need permission to be in the UK under the Immigration Act 1971 and the Immigration Rules (HC 395). Post-Brexit, EU nationals use the EU Settlement Scheme or the points-based system. BRPs were replaced by digital status at the end of 2024. Asylum runs under the 1951 Refugee Convention, reshaped by the Nationality and Borders Act 2022 and Illegal Migration Act 2023. The Human Rights Act 1998 (Articles 8 and 3) anchors most removal challenges. Appeals go to the First-tier Tribunal (Immigration and Asylum Chamber), with legal aid available for asylum and detention cases.
Key Laws
Immigration Act 1971
c. 77
Leave to enter/remain, removal, deportation
Nationality and Borders Act 2022
c. 36
Asylum reform, removal powers
Human Rights Act 1998
c. 42
ECHR Article 8, right to family life
Refugee Convention 1951
189 UNTS 137
International protection, non-refoulement
Immigration Rules
HC 395 (as amended)
Points-based system, visa requirements
Right to Work
Everyone working in the UK must have the legal right to work. Your employer is required to check your immigration status before you start.Who has the right to work:British citizens and Irish citizens...
Visa Application Rights
The UK uses a points-based immigration system. The most common visa routes include:Skilled Worker visa: Requires a job offer from a licensed sponsor, a skill level of RQF 6 (degree-level) or a listed...
Asylum Rights
If you have fled persecution, you have the right to claim asylum in the UK. A person is a refugee if they have a well-founded fear of persecution based on:RaceReligionNationalityMembership of a partic...
Deportation and Removal Rights
The Home Secretary can order your deportation if it's considered "conducive to the public good" — usually because of criminal offending. Key rules:Automatic deportation: Foreign nationals se...
EU Settlement Scheme
The EU Settlement Scheme (EUSS) was set up to protect the rights of EU, EEA, and Swiss nationals (and their family members) living in the UK before the end of the Brexit transition period (31 December...
Immigration Detention Rights
The Home Office can detain people for immigration purposes — usually pending deportation or removal. However, detention is subject to important legal limits:Detention must only be used when there is a...
Family Reunion
UK immigration law provides routes for families to live together in the UK:Spouse/Partner visa (Appendix FM): Allows you to join your British or settled partner. The sponsor must earn at least £29,000...
Indefinite Leave to Remain
Indefinite Leave to Remain (ILR) is permanent permission to live and work in the UK with no time limit. It is also known as "settlement."General requirements:Continuous residence: Usually 5...
Skilled Worker Curtailment after Sponsor Revocation
If your sponsor has had their licence revoked or surrendered, UKVI will typically curtail your Skilled Worker / Health & Care Worker visa with a 60-day grace period to find a new sponsor. In practice...