Untangling The Wild Spaghetti Of UK Immigration Laws
Britain's 20 sprawling acts of primary legislation since WWII about nationality, immigration, borders, or asylum total 1,270 sections and have generated 2000+ secondary legal instruments. Add 14 international treaties, and it's little wonder none of our politicians have confronted this disaster.

Part of the problem in reforming our immigration laws is nobody can understand them. The maze of legislation is an opaque, winding, and impossibly-complex patchwork onion which make it a formidable corpus for anyone to unwind, let alone reboot. The Immigration and Asylum Act 1999 (170 sections), Nationality, Immigration and Asylum Act 2002 (164 sections), and Criminal Justice and Immigration Act 2008 (155 sections) by themselves are hundreds of pages long.
Our work in authoring the Great Repeal's keystone bill to reset the situation - the British Identity, Nationality and Commonwealth Act (BINCA) - involves trawling and parsing every one of these clauses and derivative statutory instruments to bring them into logical coherence.
BINCA: Flatten & Simplify
The British Identity, Nationality and Commonwealth Act (BINCA) contained in the Great Repeal bulldozes this mess and does away with nearly a century of chaos. It roots out the causes of the border problems, reorganises the British system, and preserves the parts which are actually useful. Most importantly, it simplifies all the law to one easily-interpreted bill.
Everyone is immediately and retrospectively categorised into simple groups with ordered priority and provable status which is concisely and accurately defined. You're indigenous, hereditary, conditionally grandfathered for three generations, a subject – or you're a visitor. That's it.
- Indigenous British Citizen covers anyone born in the UK with at least one parent—or two grandparents—who could have passed a 1947 lineage test.
- Example: anyone with a grandparent in England, Scotland, Wales, or Northern Ireland having a birthday before 1947.
- Hereditary British Citizen extends the franchise to children and grandchildren of Indigenous citizens (by the method above) born either in the UK or in a Recognised State such as Canada or Australia, subject to a Swiss-style assimilation test (the Swiss are exceptionally good at these, we are not).
- Example: a Canadian, American, Australian, New Zealandian, or South African with an expat British mum or dad.
- Inherited Conditional British Citizen (ICBC) applies to UK-born descendants of post-1948 naturalised lines. The status grandfathers for two generations, is revocable based on strict criteria, and is reviewed every five years; it lapses after five years’ absence from the United Kingdom or her overseas territories, including crown dependencies.
- Example: immigrant parents from the 1960s, their children, and grandchildren.
- British Subject is a provisional route based on marriage to a citizen or historic naturalisation which brings an official document. It carries no right of transmission to children, suffers no processing delays, allows usage of the citizen lane, and can be revoked at any time.
- Example: a non-British husband or wife.
- Visitor means exactly that: presence of up to 180 days in any rolling twelve-month period. This does not confer, benefit or settlement rights and is automatically removed on suspected breach, notified or not. Outstaying this period without discretionary renewal is considered breach. Grounds for breach include the inability to support one’s life here.
- Example: anyone else born outside the UK.
But what about asylum seekers? They're visitors. But i want a work permit? You're a visitor. But i have a residence permit! Yes, you're a visitor. My mum was British? You're a hereditary citizen. But i was born here after my parents immigrated from Somalia? Then you are an inherited conditional citizen, and your grandchildren are hereditary.
BINCA is simple for a reason. Nationality is governed by concrete events of birth, marriage, and death. The other categories are reified, Euro-style abstract fallacy; manufactured, confusing fictions with no anchor in reality.
The Major International Treaties
The major issue when unwinding immigration law is much of the legislation is designed to entrench international treaties into British domestic law. Repealing a domestic law prevents domestic enforcement, however, the country is still bound by a treaty. It creates a deadlock. One such example is Poland and the ECHR; Poland's constitutional court has ruled that certain ECHR judgments to be ultra vires. This doesn’t end Poland’s international obligations, but it creates a standoff: Poland is in breach internationally, but domestically its courts won’t apply the judgments. There are a wide array of treaties which apply like this to Britain's immigration policy, listed here:
- European Convention on Human Rights (ECHR) (1950, ratified 1951): Protects against ill-treatment and upholds family life rights
- 1951 Convention Relating to the Status of Refugees (1951, ratified 1954): Establishes core refugee rights and non-refoulement principle
- 1954 Convention Relating to the Status of Stateless Persons (1954, ratified 1959): Sets minimum standards for treatment of stateless persons
- 1961 Convention on the Reduction of Statelessness (1961, ratified 1966): Prevents creation and continuation of statelessness
- European Social Charter (1961, ratified 1962): Establishes migrant workers' rights and social protections
- Convention on the Elimination of All Forms of Racial Discrimination (CERD) (1965, ratified 1969): Bans racial discrimination including in migration contexts
- International Covenant on Civil and Political Rights (ICCPR) (1966, ratified 1976): Provides due process protections and family life rights
- International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966, ratified 1976): Establishes economic and social rights for migrants
- 1967 Protocol Relating to the Status of Refugees (1967, acceded 1968): Removes time and geographic limitations from 1951 Convention
- Convention Against Torture (CAT) (1984, ratified 1988): Prohibits torture and refoulement to torture
- Convention on the Rights of the Child (CRC) (1989, ratified 1991): Protects children's nationality and asylum rights
- Dublin Convention (1990, signed/in force 1997): Determines which EU state examines asylum claims
- UN Convention against Transnational Organized Crime + Palermo Protocols (2000, ratified 2006): Defines trafficking/smuggling and promotes cooperation
- Council of Europe Convention on Action against Trafficking (2005, ratified 2008): Provides victim support and prevention measures
The Twenty Acts: An Overview
Domestically, the 20 domestic acts identify collectively represent the evolution from an open Commonwealth immigration system to a restrictive, enforcement-focused regime with complex citizenship categories, comprehensive asylum procedures, and extensive service access controls.
British Nationality Act 1948 (34 sections)
Established the foundation of modern British citizenship, creating citizenship of the United Kingdom and Colonies while maintaining Commonwealth citizenship. Introduced naturalisation procedures, citizenship by birth and descent, and provisions for renunciation and deprivation. Set the framework for transitioning from British subject status to a structured citizenship system. (Labour, Clement Attlee, Chuter Ede).
Commonwealth Immigrants Act 1962 (21 sections)
First major restriction on Commonwealth immigration, ending the automatic right of entry for Commonwealth citizens. Introduced immigration controls, work permits, and deportation powers specifically targeting Commonwealth nationals. Marked the beginning of the end of free movement for Commonwealth citizens to the UK. (Conservative, Harold Macmillan, R.A. Butler).
Commonwealth Immigrants Act 1968 (1 section)
Emergency legislation passed to prevent the entry of British passport holders from East Africa, particularly those of Indian origin facing expulsion from Kenya and Uganda. Introduced the concept of "patriality" - restricting right of entry to those with substantial UK connections through birth or ancestry. Effectively created a racially discriminatory immigration system by distinguishing between different categories of British passport holders. (Labour, Harold Wilson, James Callaghan)
Immigration Act 1971 (37 sections)
Comprehensive reform that established the modern immigration system, creating the "right of abode" concept and immigration rules framework. Consolidated previous legislation, established leave to enter/remain procedures, and created the foundation for contemporary immigration control. Introduced the common travel area with Ireland and comprehensive enforcement powers. (Conservative, Edward Heath, Reginald Maudling)
British Nationality Act 1981 (53 sections)
Major overhaul of nationality law, replacing citizenship of the UK and Colonies with British citizenship and creating multiple citizenship classes (British overseas territories citizens, British overseas citizens, British subjects). Restricted citizenship by birth to those with settled parents and introduced the "good character" requirement for naturalisation. (Conservative, Margaret Thatcher, William Whitelaw)
Immigration Act 1988 (12 sections)
Tightened immigration controls by ending the primary immigration rights of Commonwealth citizens settled before 1973. Introduced carrier sanctions, restricted polygamous marriage rights of abode, and strengthened proof requirements. Represented a move toward stricter border controls and reduced Commonwealth privileges. (Conservative, Margaret Thatcher, Douglas Hurd)
Asylum and Immigration Appeals Act 1993 (16 sections)
Established the modern asylum system with fingerprinting of asylum-seekers, housing provisions, and protection from deportation during claim processing. Created the asylum appeal system with special adjudicators and introduced carrier liability for transit passengers. Marked the beginning of systematic asylum procedures. (Conservative, John Major, Kenneth Clarke).
Special Immigration Appeals Commission Act 1997 (9 sections)
Created SIAC (Special Immigration Appeals Commission) to handle immigration appeals involving national security, racial discrimination, and human rights issues. Established closed material procedures and special advocates for cases involving sensitive information. Provided judicial oversight for security-related immigration decisions. (Labour, Tony Blair, Jack Straw).
Immigration and Asylum Act 1999 (170 sections)
Massive reform introducing dispersal of asylum-seekers, voucher support systems, and detention centres. Established the Immigration Appeal Tribunal, carrier penalties, and comprehensive enforcement powers including arrest, search, and fingerprinting. Created the Immigration Services Commissioner to regulate immigration advisers. (Labour, Tony Blair, Jack Straw).
Nationality, Immigration and Asylum Act 2002 (164 sections)
Introduced language and citizenship ceremony requirements for naturalisation, expanded deprivation powers, and created accommodation centres for asylum-seekers. Established the points-based system foundations, one-stop appeals, and country information guidance. Included significant procedural reforms and new registration categories. (Labour, Tony Blair, David Blunkett),
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (50 sections)
Focused on reducing asylum abuse through credibility provisions, support withdrawal for failed asylum-seekers, and marriage controls to prevent sham marriages. Unified the appeal system, introduced trafficking offences, and expanded employer sanctions. Aimed at deterring unfounded claims and illegal practices. (Labour, Tony Blair, David Blunkett),
Immigration, Asylum and Nationality Act 2006 (64 sections)
Introduced the first employer sanctions regime with civil penalties, expanded biometric data collection, and restricted appeal rights. Created integration loans, detention facility inspection requirements, and information-sharing powers. Represented a shift toward employer enforcement and administrative efficiency. (Labour, Tony Blair, Charles Clarke).
UK Borders Act 2007 (61 sections)
Established biometric residence permits, automatic deportation for foreign criminals, and enhanced border security measures. Created the UK Border Agency, expanded detention powers, and introduced systematic fingerprinting. Marked the beginning of the "hostile environment" approach to immigration enforcement. (Labour, Tony Blair / Gordon Brown, John Reid).
Criminal Justice and Immigration Act 2008 (154 sections)
Primarily a criminal justice act that included provisions for automatic deportation of foreign criminals, special immigration status categories, and enhanced removal procedures. Strengthened the link between criminal justice and immigration enforcement, particularly for serious offenders. (Labour, Gordon Brown, Jacqui Smith).
Borders, Citizenship and Immigration Act 2009 (59 sections)
Reformed citizenship acquisition with stricter requirements, probationary citizenship, and enhanced border controls. Established the Border Force, introduced earning citizenship through community service, and expanded customs and immigration officer powers. Reflected post-financial crisis security concerns. (Labour, Gordon Brown, Jacqui Smith).
Immigration Act 2014 (77 sections)
Landmark "hostile environment" legislation restricting access to services including housing, banking, healthcare, and driving licenses. Introduced the Immigration Health Charge, Right to Rent scheme, and marriage investigation procedures. Aimed at making life difficult for illegal immigrants through systematic exclusion from essential services. (Conservative/Liberal Democrat Coalition, David Cameron, Theresa May).
Immigration Act 2016 (96 sections)
Expanded the hostile environment with illegal working offences, enhanced landlord responsibilities, and labour market enforcement. Created the Director of Labour Market Enforcement, extended service restrictions, and introduced immigration bail. Strengthened enforcement through multiple agencies and private sector compliance. (Conservative, David Cameron, Theresa May).
Nationality and Borders Act 2022 (88 sections)
Major asylum reform introducing differential treatment of refugees, priority removal notices, and expanded age assessment procedures. Modernised slavery and trafficking frameworks, expanded maritime enforcement, and restricted appeal rights. Represented the most significant asylum changes since 1999. (Conservative, Boris Johnson, Priti Patel)
British Nationality (Regularisation of Past Practice) Act 2023 (2 sections)
Technical correction act addressing historical registration errors where immigration restrictions were incorrectly applied to British citizenship applications. Provided remedial registration rights for individuals whose citizenship applications were wrongly refused due to immigration status considerations. (Conservative, Rishi Sunak, Suella Braverman)
British Nationality (Irish Citizens) Act 2024 (2 sections)
Granted automatic British citizenship acquisition rights to Irish citizens, implementing provisions originally in the 1981 Act that were never brought into force. Simplified the process for Irish nationals to acquire British citizenship while maintaining their Irish nationality. (Conservative, Rishi Sunak, James Cleverly).
Category A: British Nationality and Citizenship
Provisions across multiple Acts governing how British citizenship and other nationality statuses are acquired, lost, and restored. Includes birth and descent rules, registration and naturalisation requirements, historical corrections, and the various classes of British nationality created since 1948.
A1. Acquisition of Citizenship
- Citizenship by birth (British Nationality Act 1948, s.4; British Nationality Act 1981, s.1)
- Citizenship by descent (British Nationality Act 1948, s.5; British Nationality Act 1981, s.2, s.14)
- Children of armed forces members (Borders, Citizenship and Immigration Act 2009, s.42, s.46)
- Historical parentage corrections (Immigration Act 2014, s.65; Nationality and Borders Act 2022, s.6-7)
- Registration of minors (British Nationality Act 1948, s.7; British Nationality Act 1981, s.3, s.27, s.32; Borders, Citizenship and Immigration Act 2009, s.43; Nationality and Borders Act 2022, s.11)
- Registration by marriage (British Nationality Act 1948, s.6; British Nationality Act 1981, s.8, s.28)
- Registration by residence (British Nationality Act 1981, s.7)
- Registration of special categories (British Nationality Act 1981, s.4-4L, s.9-10A; Nationality, Immigration and Asylum Act 2002, s.12-13; Borders, Citizenship and Immigration Act 2009, s.44-45)
- Naturalisation procedures (British Nationality Act 1948, s.10, s.18; British Nationality Act 1981, s.6; Nationality, Immigration and Asylum Act 2002, s.1-2; Borders, Citizenship and Immigration Act 2009, s.39-41)
A2. British Overseas Territories and Other Citizenship Classes
- British overseas territories citizenship acquisition (British Nationality Act 1981, s.15-18)
- British overseas territories citizenship by registration (British Nationality Act 1981, s.17A-17I, s.19-22)
- British overseas territories citizenship status (British Nationality Act 1981, s.23-25)
- British Overseas citizenship (British Nationality Act 1981, s.26-29)
- British subjects status (British Nationality Act 1981, s.30-35)
- British protected persons (British Nationality Act 1981, s.38)
- Chagos Islanders provisions (Nationality and Borders Act 2022, s.1-3, s.5)
- Hong Kong provisions (Nationality, Immigration and Asylum Act 2002, s.14)
A3. Citizenship Procedures and Requirements
- Citizenship ceremonies and oaths (British Nationality Act 1981, s.42; Nationality, Immigration and Asylum Act 2002, s.3)
- Good character requirement (British Nationality Act 1981, s.41A; Borders, Citizenship and Immigration Act 2009, s.47)
- Language and society knowledge (Nationality, Immigration and Asylum Act 2002, s.1-2)
- Naturalisation requirements for spouses (Nationality, Immigration and Asylum Act 2002, s.2)
- Application procedures (Immigration, Asylum and Nationality Act 2006, s.49-50)
- Fees and timing (British Nationality Act 1981, s.42A-42B; Immigration, Asylum and Nationality Act 2006, s.51-52)
- Decision-making and evidence (Nationality, Immigration and Asylum Act 2002, s.6-7; Nationality and Borders Act 2022, s.8-9)
A4. Loss and Restoration of Citizenship
- Renunciation by reason of dual citizenship (British Nationality Act 1948, s.19; British Nationality Act 1981, s.12, s.24, s.29, s.34)
- Deprivation for disloyalty (British Nationality Act 1948, s.20; British Nationality Act 1981, s.40; Nationality, Immigration and Asylum Act 2002, s.4)
- Deprivation for serious prejudice to vital interests (Immigration Act 2014, s.66)
- Deprivation without notice (Nationality and Borders Act 2022, s.10)
- Deprivation in colonies and territories (British Nationality Act 1948, s.21-22)
- Resumption of citizenship (British Nationality Act 1981, s.13, s.24; Nationality, Immigration and Asylum Act 2002, s.5)
- Deprivation of right of abode (Immigration, Asylum and Nationality Act 2006, s.57)
A5. Special Provisions and Historical Corrections
- Legitimated children (British Nationality Act 1948, s.23; British Nationality Act 1981, s.47)
- Posthumous children (British Nationality Act 1948, s.24; British Nationality Act 1981, s.48)
- Legitimacy of child (Nationality, Immigration and Asylum Act 2002, s.9)
- Statelessness provisions (British Nationality Act 1981, s.36)
- Commonwealth citizenship (British Nationality Act 1981, s.37)
- Right of abode certificates (Nationality, Immigration and Asylum Act 2002, s.10)
- Regularisation of past practice (British Nationality (Regularisation of Past Practice) Act 2023, s.1)
- Irish citizens automatic citizenship (British Nationality (Irish Citizens) Act 2024, s.1)
- Historical transitional provisions (British Nationality Act 1948, s.12-16; British Nationality Act 1981, s.11)
Category B: Right of Abode and Immigration Status
Sections determining who has the automatic right to enter and remain in the UK. Contains the complex web of provisions distinguishing between different immigration statuses and the evidence required to prove them.
B1. Right of Abode
- Statement of right of abode (Immigration Act 1971, s.2)
- General principles of right of abode (Immigration Act 1971, s.1)
- Deprivation of right of abode (Immigration Act 1971, s.2A; Immigration, Asylum and Nationality Act 2006, s.57)
- Proof of right of abode (Immigration Act 1988, s.3; Immigration, Asylum and Nationality Act 2006, s.30)
- Restrictions on right of abode in polygamy cases (Immigration Act 1988, s.2)
- Certificates of entitlement (Nationality, Immigration and Asylum Act 2002, s.10)
B2. Immigration Status Categories
- General provisions for regulation and control (Immigration Act 1971, s.3)
- Irish citizens status (Immigration Act 1971, s.3ZA)
- EEA nationals (Immigration and Asylum Act 1999, s.80; Immigration Act 1988, s.7)
- British Nationals (Overseas) (Borders, Citizenship and Immigration Act 2009, s.44)
- Citizens of countries mentioned in legislation (British Nationality Act 1948, s.1-3)
- Commonwealth citizens status (Commonwealth Immigrants Act 1962, s.1)
- Special immigration status (Criminal Justice and Immigration Act 2008, s.130-137)
B3. Status Determination and Evidence
- Persons ceasing to be exempt (Immigration and Asylum Act 1999, s.7; Immigration Act 1988, s.8A)
- Members of missions and diplomatic personnel (Immigration and Asylum Act 1999, s.6; Immigration Act 1988, s.4)
- Evidence of status (British Nationality Act 1948, s.27; British Nationality Act 1981, s.45)
- Certificate of citizenship in case of doubt (British Nationality Act 1948, s.25)
- Interpretation of immigration status (Immigration Act 2016, s.58; Nationality and Borders Act 2022, s.39)
Category C: Immigration Control and Entry
Entry control measures scattered across decades of legislation, from basic admission procedures to modern biometric systems. Encompasses port controls, passenger information requirements, and the administrative machinery for managing UK borders.
C1. Entry Control Framework
- General principles of immigration control (Immigration Act 1971, s.1)
- Administration of control (Immigration Act 1971, s.4)
- Common travel area provisions (Immigration Act 1971, s.9)
- Entry otherwise than by sea or air (Immigration Act 1971, s.10)
- Construction of references to entry (Immigration Act 1971, s.11)
- Juxtaposed controls at EEA ports (Nationality, Immigration and Asylum Act 2002, s.141)
C2. Entry Procedures and Requirements
- Refusal of admission and conditional admission (Commonwealth Immigrants Act 1962, s.2)
- Supplementary provisions for control of immigration (Commonwealth Immigrants Act 1962, s.3)
- Examination of passengers prior to arrival (Immigration Act 1988, s.8)
- Passenger information requirements (Immigration and Asylum Act 1999, s.18)
- Notification of non-EEA arrivals (Immigration and Asylum Act 1999, s.19)
- Entry clearance procedures (Immigration and Asylum Act 1999, s.23; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.29)
C3. Electronic Systems and Documentation
- Electronic travel authorisations (Immigration Act 1971, s.11C-11D; Nationality and Borders Act 2022, s.75)
- Biometric registration (UK Borders Act 2007, s.5-15)
- Immigration documents and stamps (Nationality, Immigration and Asylum Act 2002, s.148-150)
- Visa requirements for transit passengers (Asylum and Immigration Appeals Act 1993, s.12; Immigration and Asylum Act 1999, s.41)
- Authority-to-carry schemes (Nationality, Immigration and Asylum Act 2002, s.124)
C4. Port Controls and Border Security
- Designated immigration officers (UK Borders Act 2007, s.1)
- Detention at ports (UK Borders Act 2007, s.2-4; Borders, Citizenship and Immigration Act 2009, s.52)
- Provision of facilities for immigration control (Immigration and Asylum Act 1999, s.25-26)
- Embarkation checks (Immigration Act 2014, s.67)
- Counter-terrorism questioning at ports (Nationality and Borders Act 2022, s.78)
Category D: Leave to Enter and Remain
Statutory provisions governing temporary permissions to enter or stay in the UK. Brings together rules on granting, varying, extending and revoking leave, plus the conditions that can be attached to different types of permission.
D1. Leave Provisions
- Leave to enter (Immigration and Asylum Act 1999, s.1; Immigration Act 1971, s.3A)
- Leave to remain (Immigration and Asylum Act 1999, s.2; Immigration Act 1971, s.3B)
- Continuation of leave pending decision (Immigration and Asylum Act 1999, s.3; Immigration Act 1971, s.3C-3D)
- Variation of leave (Nationality, Immigration and Asylum Act 2002, s.118-119; Immigration, Asylum and Nationality Act 2006, s.1)
- Conditional leave to enter or remain (UK Borders Act 2007, s.16)
D2. Leave Restrictions and Conditions
- Restrictions on studies (Borders, Citizenship and Immigration Act 2009, s.50)
- Working in United Kingdom waters (Immigration Act 1971, s.11A-11B; Nationality and Borders Act 2022, s.43)
- Duration and extension of leave (Immigration and Asylum Act 1999, s.3)
- Curtailment of leave (Asylum and Immigration Appeals Act 1993, s.7)
- Revocation of leave (Nationality, Immigration and Asylum Act 2002, s.76; Immigration Act 2016, s.62)
D3. Special Categories of Leave
- Section 3C continuation rights (Immigration Act 1971, s.3C; Immigration, Asylum and Nationality Act 2006, s.11)
- EU settlement scheme provisions (British Nationality Act 1981, s.10A)
- Leave for victims of slavery or trafficking (Nationality and Borders Act 2022, s.65)
- Temporary admission and release (Immigration Act 1971, Schedule 2)
- Deemed leave provisions (Nationality, Immigration and Asylum Act 2002, s.119)
Category E: Border Security and Documentation
Document verification, biometric collection, and anti-fraud measures developed across successive Acts. Reflects the layering of increasingly sophisticated technological approaches to border security and identity verification.
E1. Travel Documents and Visas
- Charges for travel documents (Immigration and Asylum Act 1999, s.27)
- Passport requirements (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.2)
- Entry clearance monitoring (Immigration and Asylum Act 1999, s.23)
- Visa penalty provisions (Nationality and Borders Act 2022, s.70-74)
- Work permits and employment documentation (Nationality, Immigration and Asylum Act 2002, s.122-123)
E2. Biometric Information and Data Collection
- Fingerprinting provisions (Immigration and Asylum Act 1999, s.141-144; Immigration Act 2014, s.8-14)
- Biometric immigration documents (Immigration Act 2014, s.11)
- Data collection about physical characteristics (Immigration and Asylum Act 1999, s.144; Immigration, Asylum and Nationality Act 2006, s.27-29)
- Use and retention of biometric information (Immigration Act 2014, s.14; UK Borders Act 2007, s.8)
- Safeguards for children (Immigration Act 2014, s.13)
E3. Document Security and Verification
- Forged document procedures (Nationality, Immigration and Asylum Act 2002, s.108; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.3)
- Immigration stamp controls (Nationality, Immigration and Asylum Act 2002, s.149; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.43)
- Registration card requirements (Immigration and Asylum Act 1999, s.26A; Nationality, Immigration and Asylum Act 2002, s.148)
- Document retention and seizure (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.17)
- Nationality document requirements (UK Borders Act 2007, s.44-46; Immigration Act 2016, s.51-52)
Category F: Asylum and Refugee Protection
Asylum and refugee provisions spanning multiple Acts, from basic claim procedures to recent reforms restricting access to protection. Includes the UK's implementation and interpretation of international refugee law obligations.
F1. Asylum Claims and Procedures
- Claims for asylum (Immigration and Asylum Act 1999, s.69-70)
- Requirement to make asylum claim at designated place (Nationality and Borders Act 2022, s.14)
- Fingerprinting of asylum-seekers (Asylum and Immigration Appeals Act 1993, s.3)
- Provision of evidence in support of protection claims (Nationality and Borders Act 2022, s.18-19)
- Late provision of evidence (Nationality and Borders Act 2022, s.26)
F2. Inadmissibility and Safe Country Provisions
- Asylum claims by EU nationals: inadmissibility (Nationality and Borders Act 2022, s.15)
- Asylum claims by persons with connection to safe third State (Nationality and Borders Act 2022, s.16-17)
- Removal of asylum claimants to safe countries (Immigration and Asylum Act 1999, s.11-12; Nationality, Immigration and Asylum Act 2002, s.80; Nationality and Borders Act 2022, s.29)
- European Common List of Safe Countries (Nationality, Immigration and Asylum Act 2002, s.94A)
- Certification of claims as unfounded (Nationality, Immigration and Asylum Act 2002, s.94; Immigration, Asylum and Nationality Act 2006, s.13)
F3. Refugee Status and Treatment
- Differential treatment of refugees (Nationality and Borders Act 2022, s.12)
- Protection from removal or deportation (Immigration and Asylum Act 1999, s.15; Asylum and Immigration Appeals Act 1993, s.6)
- Refugee Convention interpretation (Immigration, Asylum and Nationality Act 2006, s.54-55; Nationality and Borders Act 2022, s.30-38)
- Back-dating of benefits for refugees (Immigration and Asylum Act 1999, s.123; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.12)
- Integration loans for refugees (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.13; Immigration, Asylum and Nationality Act 2006, s.45)
F4. Priority Removal and Expedited Procedures
- Priority removal notices (Nationality and Borders Act 2022, s.20-25)
- Accelerated detained appeals (Nationality and Borders Act 2022, s.27)
- Expedited appeals procedures (Nationality and Borders Act 2022, s.23-24)
- Claims certified as clearly unfounded (Nationality and Borders Act 2022, s.28)
- Civil legal services for priority removal cases (Nationality and Borders Act 2022, s.25)
Category G: Deportation and Removal
Removal powers evolved through various Acts, covering both criminal deportation and administrative removal. Contains the procedural requirements, appeal rights, and special protections that have been added over time.
G1. Deportation Framework
- Deportation orders (Immigration Act 1971, s.5; Immigration and Asylum Act 1999, s.63)
- Recommendations by court for deportation (Immigration Act 1971, s.6; Commonwealth Immigrants Act 1962, s.7-8)
- Exemption from deportation (Immigration Act 1971, s.7; Nationality, Immigration and Asylum Act 2002, s.75)
- Automatic deportation of criminals (UK Borders Act 2007, s.32-39; Criminal Justice and Immigration Act 2008, s.146)
- Deportation of serious criminals (Nationality, Immigration and Asylum Act 2002, s.72)
G2. Removal Procedures
- Removal of persons unlawfully in UK (Immigration and Asylum Act 1999, s.10; Immigration Act 2014, s.1)
- Treatment of overstayers (Immigration and Asylum Act 1999, s.9)
- Removal directions and validity (Immigration and Asylum Act 1999, s.66; Immigration Act 1971, s.16)
- Notice requirements for removal (Immigration and Asylum Act 1999, s.10A-10E; Nationality and Borders Act 2022, s.46)
- Cooperation in deportation or removal (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.35)
G3. Family and Child Protection
- Restriction on removal of children and parents (Immigration Act 2014, s.2; Nationality, Immigration and Asylum Act 2002, s.78A)
- Family deportation provisions (UK Borders Act 2007, s.37; Nationality, Immigration and Asylum Act 2002, s.73)
- Independent Family Returns Panel (Immigration Act 2014, s.3; Borders, Citizenship and Immigration Act 2009, s.54A)
- Welfare of children considerations (Immigration Act 2014, s.71; Immigration Act 2016, s.90)
- Removal of mental patients (Immigration Act 1971, s.30)
G4. Removal to Third Countries
- Standing arrangements with member States (Immigration and Asylum Act 1999, s.11)
- Third country removal procedures (Nationality, Immigration and Asylum Act 2002, s.93; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.33)
- Safe third country provisions (Nationality, Immigration and Asylum Act 2002, s.80; Nationality and Borders Act 2022, s.16)
- Objection to destination (Immigration and Asylum Act 1999, s.67; Immigration Act 1971, s.17)
- Proof of identity for removal (Immigration and Asylum Act 1999, s.13)
Category H: Detention and Bail
Immigration detention powers and corresponding release mechanisms developed across different Acts. Includes the framework for operating detention facilities and the enhanced protections introduced for vulnerable detainees.
H1. Detention Powers
- Detention by Secretary of State (Nationality, Immigration and Asylum Act 2002, s.62)
- Detention of persons liable to examination or removal (Immigration and Asylum Act 1999, s.140)
- Restrictions on detention of unaccompanied children (Immigration Act 2014, s.5)
- Detention pending deportation (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.34; Immigration, Asylum and Nationality Act 2006, s.53)
- Limitation on detention of pregnant women (Immigration Act 2016, s.60)
H2. Bail Provisions
- Immigration bail framework (Immigration Act 2014, s.7; Immigration Act 2016, s.61; Nationality and Borders Act 2022, s.48)
- Routine bail hearings (Immigration and Asylum Act 1999, s.44-50)
- Bail for suspected international terrorists (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.32)
- Forfeiture of securities (Immigration and Asylum Act 1999, s.48-49)
- Electronic monitoring (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.36)
H3. Detention Facilities
- Removal centres management (Immigration and Asylum Act 1999, s.148-152)
- Pre-departure accommodation (Immigration Act 2014, s.6; Immigration and Asylum Act 1999, s.157A)
- Short-term holding facilities (Immigration and Asylum Act 1999, s.157; Borders, Citizenship and Immigration Act 2009, s.25)
- Visiting committees and inspections (Immigration and Asylum Act 1999, s.152)
- Detained persons: national minimum wage (Immigration and Asylum Act 1999, s.153A; Immigration, Asylum and Nationality Act 2006, s.59)
H4. Custody and Movement
- Detainee custody officers (Immigration and Asylum Act 1999, s.154-155)
- Escort arrangements (Immigration and Asylum Act 1999, s.156; Nationality, Immigration and Asylum Act 2002, s.64)
- Custodial functions and discipline (Immigration and Asylum Act 1999, s.155)
- Use of force (Immigration and Asylum Act 1999, s.146; Nationality, Immigration and Asylum Act 2002, s.63)
- Guidance on detention of vulnerable persons (Immigration Act 2016, s.59)
Category I: Enforcement Powers and Offences
Criminal offences and enforcement powers accumulated through successive immigration Acts. Encompasses traditional border crimes, document fraud, and modern enforcement tools including maritime interdiction and enhanced search powers.
I1. Immigration Offences
- Illegal entry and similar offences (Immigration Act 1971, s.24; Nationality and Borders Act 2022, s.40)
- Assisting unlawful immigration (Immigration Act 1971, s.25; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.1; Nationality and Borders Act 2022, s.41)
- Deception offences (Immigration Act 1971, s.24A; Immigration and Asylum Act 1999, s.28)
- Knowingly overstaying (Immigration Act 1988, s.6)
- False statements and false information (Immigration and Asylum Act 1999, s.30; Nationality, Immigration and Asylum Act 2002, s.151)
I2. Document and Identity Offences
- Immigration document forgery (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.3)
- Registration card offences (Immigration and Asylum Act 1999, s.26A; Nationality, Immigration and Asylum Act 2002, s.148)
- Immigration stamp offences (Immigration and Asylum Act 1999, s.26B; Nationality, Immigration and Asylum Act 2002, s.149)
- Failure to produce nationality documents (UK Borders Act 2007, s.46C)
- Requirement to state nationality (UK Borders Act 2007, s.43A-43B)
I3. Enforcement Powers
- Powers of arrest (Immigration and Asylum Act 1999, s.128; Immigration Act 1971, s.28A-28AA; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.14)
- Search and seizure powers (Immigration Act 1971, s.28B-28K; Immigration and Asylum Act 1999, s.129-139; Immigration Act 2016, s.46-54)
- Entry and search of premises (Immigration Act 1971, s.28D-28F; Immigration and Asylum Act 1999, s.131-133)
- Maritime enforcement (Immigration Act 1971, s.28LA-28Q; Immigration Act 2016, s.75; Nationality and Borders Act 2022, s.45)
- Container and vehicle searches (Immigration Act 2016, s.46; Nationality and Borders Act 2022, s.44)
I4. Penalties and Prosecution
- General offences in connection with administration (Immigration Act 1971, s.26)
- Proceedings and penalties (Immigration Act 1971, s.28; Immigration and Asylum Act 1999, s.164; Nationality, Immigration and Asylum Act 2002, s.152-156)
- Time limits on prosecution (Nationality, Immigration and Asylum Act 2002, s.156)
- Offences by bodies corporate (Immigration Act 2016, s.28-30)
- Assaulting immigration officers (UK Borders Act 2007, s.22-23)
Category J: Employment and Illegal Working
Employment-related controls built up through various Acts, creating both criminal sanctions and civil penalty regimes. Includes the institutional framework for labour market enforcement and preventing worker exploitation.
J1. Employment Restrictions and Offences
- Illegal working offences (Immigration Act 2016, s.34; Immigration Act 1971, s.24B)
- Employing illegal workers (Immigration Act 2016, s.35; Nationality, Immigration and Asylum Act 2002, s.147)
- Restrictions on employment codes of practice (Immigration and Asylum Act 1999, s.22)
- Driving when unlawfully in UK (Immigration Act 2016, s.44)
- Working in licensed premises (Immigration Act 2016, s.36-37)
J2. Labour Market Enforcement
- Director of Labour Market Enforcement (Immigration Act 2016, s.1-2)
- Labour market enforcement strategy (Immigration Act 2016, s.2)
- Labour market enforcement undertakings and orders (Immigration Act 2016, s.14-24)
- Information gateways and sharing (Immigration Act 2016, s.6-8)
J3. Employer Sanctions and Penalties
- Penalty for employing illegal workers (Immigration, Asylum and Nationality Act 2006, s.15-18)
- Civil penalties for employment breaches (Immigration Act 2014, s.44-45)
- Objections and appeals against penalties (Immigration, Asylum and Nationality Act 2006, s.16-17)
- Illegal working closure notices (Immigration Act 2016, s.38)
- Discrimination codes of practice (Immigration, Asylum and Nationality Act 2006, s.23; Immigration Act 2016, s.25)
J4. Work-Related Documentation
- Immigration skills charge (Immigration Act 2014, s.70A; Immigration Act 2016, s.85)
- Work permits and advice (Nationality, Immigration and Asylum Act 2002, s.122-123)
- Personnel records searches (Immigration Act 1971, s.28FA-28FB; UK Borders Act 2007, s.28)
- Employer information requirements (Nationality, Immigration and Asylum Act 2002, s.134)
- Offshore worker notification requirements (Immigration Act 1971, s.11B)
- Working in UK waters documentation (Immigration Act 1971, s.11A)
J5. Labour Market Enforcement Institutions
- Gangmasters and Labour Abuse Authority renaming and functions (Immigration Act 2016, s.10-11)
- PACE powers for labour abuse prevention officers (Immigration Act 2016, s.12)
- Relationship with other agencies (Immigration Act 2016, s.13)
- Labour market enforcement codes of practice (Immigration Act 2016, s.25)
- Investigative functions for labour market enforcement (Immigration Act 2016, s.26)
Category K: Access to Services
Service access restrictions introduced primarily through recent Acts as part of immigration enforcement strategy. Covers housing, banking, healthcare, driving, and employment restrictions for those without valid immigration status.
K1. Residential Tenancy Controls
- Residential tenancy restrictions (Immigration Act 2014, s.20-37; Immigration Act 2016, s.39-42)
- Penalty notices for landlords and agents (Immigration Act 2014, s.22-31)
- Right to rent checks (Immigration Act 2014, s.24, s.27)
- Eviction procedures for disqualified persons (Immigration Act 2014, s.33D-33E; Immigration Act 2016, s.40-41)
- Codes of practice for tenancy checks (Immigration Act 2014, s.32-33)
K2. Financial Services
- Bank account restrictions (Immigration Act 2014, s.40-43; Immigration Act 2016, s.45)
- Current account checks and closures (Immigration Act 2014, s.40A-40H)
- Freezing orders (Immigration Act 2014, s.40D-40F)
- Financial Conduct Authority regulation (Immigration Act 2014, s.41)
- Financial institution information requirements (Nationality, Immigration and Asylum Act 2002, s.135)
K3. Health Services and Charges
- Immigration health charge (Immigration Act 2014, s.38)
- Charges for health services (Immigration Act 2014, s.39)
- NHS premises: nuisance and disturbance (Criminal Justice and Immigration Act 2008, s.119-122)
- Medical inspectors provisions (Nationality, Immigration and Asylum Act 2002, s.133)
K4. Driving and Transport
- Driving licence residence requirements (Immigration Act 2014, s.46)
- Revocation of driving licences (Immigration Act 2014, s.47)
- Private hire vehicle controls (Immigration Act 2016, s.37)
- Powers to search for driving licences (Immigration Act 2016, s.43)
K5. Public Sector Employment
- English language requirements (Immigration Act 2016, s.77-84)
- Codes of practice for public authorities (Immigration Act 2016, s.80-81)
- Public authority employment restrictions (Immigration Act 2016, s.77-78)
- Application to Wales, Scotland and Northern Ireland (Immigration Act 2016, s.82-84)
Category L: Marriage and Civil Partnership Controls
Anti-fraud measures for marriages and civil partnerships developed across several Acts. Contains investigation powers, reporting duties, and procedural requirements designed to prevent immigration abuse through sham relationships.
L1. Marriage Investigation and Referral
- Decision whether to investigate proposed marriages (Immigration Act 2014, s.48-54)
- Referral of proposed marriages in England and Wales (Immigration Act 2014, s.52)
- Investigation procedures and powers (Immigration Act 2014, s.49-51)
- Extension to Scotland and Northern Ireland (Immigration Act 2014, s.53-54)
- Exempt persons from investigation (Immigration Act 2014, s.49)
L2. Marriage Procedure Requirements
- Marriage procedure in England and Wales (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.19-20)
- Marriage procedure in Scotland (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.21-22)
- Marriage procedure in Northern Ireland (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.23-24)
- Application for marriage permissions (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.25)
- Abolition of certificate by licence (Immigration and Asylum Act 1999, s.160)
L3. Sham Marriage Prevention
- Meaning of sham marriage and civil partnership (Immigration Act 2014, s.55)
- Duty to report suspicious marriages (Immigration and Asylum Act 1999, s.24; Immigration Act 2014, s.56)
- Duty to report suspicious civil partnerships (Immigration and Asylum Act 1999, s.24A)
- Notice of marriage procedures (Immigration and Asylum Act 1999, s.161-163)
- Administrative regulations for sham marriages (Immigration Act 2014, Schedule 5)
L4. Registration and Evidence Requirements
- Power to require evidence for marriage (Immigration and Asylum Act 1999, s.162)
- Refusal to issue marriage certificates (Immigration and Asylum Act 1999, s.163)
- Requirement for marriage permissions (Immigration Act 2014, s.57-58)
- Information requirements for marriages (Immigration Act 2014, s.59-61)
- Evidence and documentation (Immigration Act 2014, s.60)
Category M: Appeals and Tribunals
Appeal rights and tribunal structures established and modified through successive Acts. Includes the evolution of the immigration appeals system, procedural rules, and legal aid provisions for challenging immigration decisions.
M1. Appeal Rights and Procedures
- Right of appeal to First-tier Tribunal (Immigration Act 2014, s.15; Immigration and Asylum Act 1999, s.58-59)
- Appeal rights against immigration decisions (Immigration and Asylum Act 1999, s.59-67; Nationality, Immigration and Asylum Act 2002, s.82-86)
- Limitations on appeal rights (Immigration and Asylum Act 1999, s.60, s.62, s.64, s.67-68, s.70; Nationality, Immigration and Asylum Act 2002, s.88-96)
- Place from which appeals may be brought (Immigration Act 2014, s.17; Nationality, Immigration and Asylum Act 2002, s.92)
- One-stop procedure (Immigration and Asylum Act 1999, s.74-78)
M2. Tribunal Structure and Jurisdiction
- Special Immigration Appeals Commission (Special Immigration Appeals Commission Act 1997, s.1-9)
- Immigration Appeal Tribunal (Immigration and Asylum Act 1999, s.56; Nationality, Immigration and Asylum Act 2002, s.100-103)
- Adjudicators (Immigration and Asylum Act 1999, s.57; Immigration Act 1971, s.12, s.19-22)
- Asylum and Immigration Tribunal (Nationality, Immigration and Asylum Act 2002, Schedule 4)
- First-tier Tribunal appeals (Immigration, Asylum and Nationality Act 2006, s.87-88)
M3. Appeal Procedures and Determinations
- Determination of appeals (Immigration and Asylum Act 1999, s.86; Immigration Act 1971, s.19; Nationality, Immigration and Asylum Act 2002, s.86-87)
- Review and reconsideration procedures (Nationality, Immigration and Asylum Act 2002, s.103A-103E)
- Appeal from Tribunal to higher courts (Nationality, Immigration and Asylum Act 2002, s.103; Special Immigration Appeals Commission Act 1997, s.7-7D)
- Pending appeals provisions (Nationality, Immigration and Asylum Act 2002, s.104; Immigration, Asylum and Nationality Act 2006, s.9)
- Abandonment of appeals (Immigration, Asylum and Nationality Act 2006, s.9)
M4. Specialized Appeal Categories
- Appeals against deportation (Immigration Act 1971, s.15; Commonwealth Immigrants Act 1962, s.8; Nationality, Immigration and Asylum Act 2002, s.79)
- Appeals against exclusion from UK (Immigration Act 1971, s.13)
- Appeals against entry clearance refusal (Immigration and Asylum Act 1999, s.59; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.29)
- Human rights and racial discrimination appeals (Immigration and Asylum Act 1999, s.65; Special Immigration Appeals Commission Act 1997, s.2A)
- National security appeals (Nationality, Immigration and Asylum Act 2002, s.97-99; Special Immigration Appeals Commission Act 1997, s.2-2F)
M5. Appeal Support and Representation
- Grants to voluntary organisations (Immigration and Asylum Act 1999, s.81; Nationality, Immigration and Asylum Act 2002, s.110)
- Legal aid and representation (Nationality, Immigration and Asylum Act 2002, s.103D, s.116-117; Immigration, Asylum and Nationality Act 2006, s.8)
- Appointment of person to represent appellant's interests (Special Immigration Appeals Commission Act 1997, s.6)
- Procedure rules and practice directions (Nationality, Immigration and Asylum Act 2002, s.106-107)
- Live television links at hearings (Immigration and Asylum Act 1999, s.52)
M6. Tribunal Powers and Enforcement
- Tribunal charging power for wasted resources (Nationality and Borders Act 2022, s.80-81)
- Forfeiture and penalty provisions (Immigration and Asylum Act 1999, s.79)
- Procedural requirements and safeguards (Immigration and Asylum Act 1999, s.51; Nationality, Immigration and Asylum Act 2002, s.105)
- Transfer of appellate proceedings (Immigration and Asylum Act 1999, s.78)
- Review of certification decisions (Nationality, Immigration and Asylum Act 2002, s.111)
Category N: Support for Migrants
Support provisions for asylum-seekers and other migrants developed through various Acts. Contains the framework for accommodation, financial support, and local authority responsibilities, alongside restrictions and withdrawal mechanisms for different categories of migrants.
N1. Asylum-Seeker Support
- Asylum-seeker support framework (Immigration and Asylum Act 1999, s.95-98; Nationality, Immigration and Asylum Act 2002, s.17-26)
- Accommodation centres (Nationality, Immigration and Asylum Act 2002, s.16-42)
- Ways support may be provided (Immigration and Asylum Act 1999, s.96-97)
- Temporary support provisions (Immigration and Asylum Act 1999, s.98)
- Conditions of support (Immigration and Asylum Act 1999, s.50; Nationality, Immigration and Asylum Act 2002, s.50)
N2. Support Restrictions and Withdrawal
- Failed asylum-seekers support (Nationality, Immigration and Asylum Act 2002, s.49; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.9-10; UK Borders Act 2007, s.17)
- Withholding and withdrawal of support (Immigration and Asylum Act 1999, s.54; Nationality, Immigration and Asylum Act 2002, s.54)
- Late asylum claims: refusal of support (Immigration and Asylum Act 1999, s.55)
- Support enforcement provisions (UK Borders Act 2007, s.18)
- Exclusion from benefits (Immigration and Asylum Act 1999, s.115-123)
N3. Accommodation and Housing
- Accommodation for asylum-seekers (Immigration and Asylum Act 1999, s.4; Nationality, Immigration and Asylum Act 2002, s.13; Immigration, Asylum and Nationality Act 2006, s.43)
- Housing authority accommodation (Immigration and Asylum Act 1999, s.118)
- Local connection restrictions (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.11)
- Homelessness provisions (Immigration and Asylum Act 1999, s.119)
- Monitor of Accommodation Centres (Nationality, Immigration and Asylum Act 2002, s.34)
N4. Support for Special Categories
- Support for certain categories of migrant (Immigration Act 2016, s.66-68)
- Unaccompanied refugee children (Immigration Act 2016, s.67)
- Support for children (Immigration and Asylum Act 1999, s.122)
- Family support provisions (Nationality, Immigration and Asylum Act 2002, s.47-48)
- Voluntary departure support (Nationality, Immigration and Asylum Act 2002, s.58)
N5. Local Authority Responsibilities
- Local authority support provision (Immigration and Asylum Act 1999, s.99-100; Immigration Act 2016, s.68)
- Transfer of responsibility for children (Immigration Act 2016, s.69-73)
- Local authority assistance to Secretary of State (Immigration and Asylum Act 1999, s.100)
- Reception zones (Immigration and Asylum Act 1999, s.101)
- Payments to local authorities (Immigration and Asylum Act 1999, s.110)
N6. Support Appeals and Administration
- Asylum Support Adjudicators (Immigration and Asylum Act 1999, s.102-104)
- Appeals against support decisions (Immigration and Asylum Act 1999, s.103; Nationality, Immigration and Asylum Act 2002, s.53)
- Recovery of support expenditure (Immigration and Asylum Act 1999, s.112-114)
- Support offences (Immigration and Asylum Act 1999, s.105-109; Nationality, Immigration and Asylum Act 2002, s.57)
- Secretary of State as corporation sole (Immigration and Asylum Act 1999, s.124)
Category O: Administrative Procedures and Fees
Administrative requirements and fee structures scattered across multiple Acts. Brings together application procedures, decision-making processes, evidence requirements, and the expanding regime of charges for immigration and nationality services.
O1. Application Procedures
- Procedural requirements for applications (Immigration Act 1971, s.31A; Immigration and Asylum Act 1999, s.165)
- Requirement to state additional grounds (Nationality, Immigration and Asylum Act 2002, s.120)
- Compliance with procedure (Nationality, Immigration and Asylum Act 2002, s.121)
- One-stop procedure requirements (Immigration and Asylum Act 1999, s.74-76)
- Application timing and deadlines (British Nationality Act 1981, s.42B)
O2. Fees and Charges Framework
- General fee-making powers (Immigration and Asylum Act 1999, s.5; Immigration Act 2014, s.68-70; Immigration Act 2016, s.85-89)
- Civil registration fees (Immigration Act 2016, s.89)
- Passport fees and validation services (Immigration Act 2016, s.86-88)
- Charges for immigration control (Immigration and Asylum Act 1999, s.26)
- Fee waiver provisions (Immigration and Asylum Act 1999, s.5)
O3. Decision-Making Procedures
- Discretion of Secretary of State and officials (British Nationality Act 1948, s.26; British Nationality Act 1981, s.44)
- Exercise of functions by Governors (British Nationality Act 1981, s.43)
- Decisions involving exercise of discretion (British Nationality Act 1981, s.44)
- Waiver of requirement for full capacity (British Nationality Act 1981, s.44A)
- Review procedures (British Nationality Act 1981, s.40B; Immigration Act 2014, s.16)
O4. Documentation and Evidence
- Evidence requirements (British Nationality Act 1948, s.27; British Nationality Act 1981, s.45)
- Registration of births (British Nationality Act 1948, s.17)
- Supply of documents to Secretary of State (Nationality, Immigration and Asylum Act 2002, s.132)
- Attendance for procedures (Immigration and Asylum Act 1999, s.142; Immigration, Asylum and Nationality Act 2006, s.29)
- Requirements for evidence (Immigration Act 2014, s.60)
O5. Orders, Regulations and Rules
- Orders in Council and regulations (British Nationality Act 1948, s.29; British Nationality Act 1981, s.41; Immigration Act 1971, s.32)
- General provisions for statutory instruments (Immigration and Asylum Act 1999, s.166; Nationality, Immigration and Asylum Act 2002, s.112)
- Tribunal procedure rules (Nationality, Immigration and Asylum Act 2002, s.106; Nationality and Borders Act 2022, s.81)
- Immigration rules framework (Immigration Act 1971, s.3)
- Prescribed matters and interpretation (Nationality, Immigration and Asylum Act 2002, s.39; UK Borders Act 2007, s.55)
O6. Civil Registration and Document Services
- Civil registration fees (Immigration Act 2016, s.89)
- Passport fees regulations (Immigration Act 2016, s.86-87)
- Passport validation services (Immigration Act 2016, s.88)
- Travel document charges (Immigration and Asylum Act 1999, s.27)
- Document processing and administration (Various Acts)
Category P: Information Sharing and Oversight
Information disclosure requirements and oversight mechanisms developed through successive Acts. Contains data sharing powers between government departments, confidentiality protections, and the various inspection and monitoring bodies created to oversee immigration functions.
P1. Information Disclosure Requirements
- Supply of information to Secretary of State (Immigration and Asylum Act 1999, s.20-21; Immigration Act 2016, s.55)
- Duty to supply nationality documents (Immigration and Asylum Act 1999, s.20A; UK Borders Act 2007, s.46A-46B)
- Disclosure by local authorities (Nationality, Immigration and Asylum Act 2002, s.129)
- Police and law enforcement information sharing (Nationality, Immigration and Asylum Act 2002, s.131; Immigration, Asylum and Nationality Act 2006, s.32-39)
- Financial institution disclosure (Nationality, Immigration and Asylum Act 2002, s.135)
P2. Revenue and Customs Information
- Supply of Revenue and Customs information (UK Borders Act 2007, s.40-42; Nationality, Immigration and Asylum Act 2002, s.130)
- Customs information use and disclosure (Borders, Citizenship and Immigration Act 2009, s.14-21)
- Freight and passenger information (Immigration, Asylum and Nationality Act 2006, s.32-33)
- Power to obtain information (Immigration, Asylum and Nationality Act 2006, s.35)
- Information hub provisions (Immigration Act 2016, s.8)
P3. Information Security and Confidentiality
- Wrongful disclosure offences (Immigration and Asylum Act 1999, s.158; UK Borders Act 2007, s.42; Borders, Citizenship and Immigration Act 2009, s.18)
- Prohibition on disclosure of personal information (Borders, Citizenship and Immigration Act 2009, s.15-17)
- Information sharing codes of practice (Immigration, Asylum and Nationality Act 2006, s.37)
- Privilege against self-incrimination (Nationality, Immigration and Asylum Act 2002, s.139)
- Access to seized material (Immigration Act 1971, s.28I; Immigration and Asylum Act 1999, s.136)
P4. Oversight and Inspection Bodies
- Chief Inspector of UK Border Agency (UK Borders Act 2007, s.48-55; Borders, Citizenship and Immigration Act 2009, s.28)
- Border and Immigration Inspectorate (UK Borders Act 2007, s.48-56)
- Monitor of certification decisions (Nationality, Immigration and Asylum Act 2002, s.111)
- Immigration Services Commissioner (Immigration and Asylum Act 1999, s.83-93; Nationality, Immigration and Asylum Act 2002, s.140; Immigration Act 2014, s.63)
- Advisory Panel on Country Information (Nationality, Immigration and Asylum Act 2002, s.142)
P5. Complaints and Misconduct
- Complaints procedures (Borders, Citizenship and Immigration Act 2009, s.30)
- Police misconduct investigations (Criminal Justice and Immigration Act 2008, s.126-127)
- Police Ombudsman for Northern Ireland (Immigration Act 2014, s.64)
- Visiting committees for detention centres (Immigration and Asylum Act 1999, s.152)
- Inspection of detention facilities (Immigration, Asylum and Nationality Act 2006, s.46)
Category Q: Modern Slavery and Human Trafficking
Anti-trafficking provisions primarily from recent Acts, establishing victim identification procedures and support mechanisms. Includes the National Referral Mechanism, trafficking offences, and the complex interplay between victim protection and immigration enforcement.
Q1. Identification and Assessment
- Identification of potential victims (Nationality and Borders Act 2022, s.60)
- Provision of information relating to being a victim (Nationality and Borders Act 2022, s.58)
- National referral mechanism procedures (Nationality and Borders Act 2022, s.60-61)
- Recovery period provisions (Nationality and Borders Act 2022, s.61-62)
- Disqualification from protection (Nationality and Borders Act 2022, s.63)
Q2. Support and Protection
- Assistance and support for victims (Nationality and Borders Act 2022, s.64)
- Leave to remain for victims (Nationality and Borders Act 2022, s.65)
- Civil legal services for trafficking cases (Nationality and Borders Act 2022, s.66-67)
- No entitlement to additional recovery period (Nationality and Borders Act 2022, s.62)
- Protection from removal during assessment (Various Acts)
Q3. Trafficking Offences
- Trafficking people for exploitation (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.4-5; UK Borders Act 2007, s.31; Borders, Citizenship and Immigration Act 2009, s.54)
- Traffic in prostitution (Nationality, Immigration and Asylum Act 2002, s.145-146)
- Facilitation offences and defences (Immigration Act 1971, s.25BA-25BB)
- Convention against human trafficking (Criminal Justice and Immigration Act 2008, s.146)
- Assisting entry for asylum-seekers (Immigration Act 1971, s.25A)
Q4. Credibility and Evidence
- Late compliance with trafficking information notice (Nationality and Borders Act 2022, s.59)
- Damage to credibility provisions (Nationality and Borders Act 2022, s.59)
- Evidence requirements for trafficking claims (Nationality and Borders Act 2022, s.58)
- Disapplication of retained EU law (Nationality and Borders Act 2022, s.68)
- Defences based on trafficking status (Immigration and Asylum Act 1999, s.31)
Category R: Age Assessment and Child Protection
Child protection measures and age assessment procedures introduced through recent legislation. Contains the framework for determining disputed ages, appeal rights, and the enhanced welfare duties towards children in the immigration system.
R1. Age Assessment Procedures
- Age assessment framework (Nationality and Borders Act 2022, s.49-57)
- Referral for assessment by local authority (Nationality and Borders Act 2022, s.50)
- Assessment for immigration purposes (Nationality and Borders Act 2022, s.51)
- Use of scientific methods (Nationality and Borders Act 2022, s.52)
- Regulations about age assessments (Nationality and Borders Act 2022, s.53)
R2. Age Assessment Appeals
- Appeals relating to age assessments (Nationality and Borders Act 2022, s.54-55)
- Civil legal services for age assessments (Nationality and Borders Act 2022, s.57)
- New information following assessment (Nationality and Borders Act 2022, s.56)
- Appeal procedures and safeguards (Nationality and Borders Act 2022, s.55)
- Use of age assessment evidence (Nationality and Borders Act 2022, s.54)
R3. Child Welfare and Protection
- Duty regarding welfare of children (Immigration Act 2014, s.71; Immigration Act 2016, s.90; Borders, Citizenship and Immigration Act 2009, s.34, s.55)
- Restrictions on detention of children (Immigration Act 2014, s.5)
- Safeguards for children in biometric procedures (Immigration Act 2014, s.13)
- Independent Family Returns Panel (Immigration Act 2014, s.3; Borders, Citizenship and Immigration Act 2009, s.54A)
- Child protection in accommodation centres (Nationality, Immigration and Asylum Act 2002, s.36-37)
R4. Unaccompanied and Separated Children
- Unaccompanied refugee children provisions (Immigration Act 2016, s.67)
- Transfer of responsibility for children (Immigration Act 2016, s.69-73)
- Local authority support for children (Immigration and Asylum Act 1999, s.122)
- Education provisions for children (Nationality, Immigration and Asylum Act 2002, s.36-37)
- Special cases for child asylum-seekers (Nationality, Immigration and Asylum Act 2002, s.48)
Category S: Maritime and Transport Enforcement
Enforcement powers relating to ships, aircraft, and transport operators developed across multiple Acts. Encompasses maritime interdiction, carrier sanctions, clandestine entrant penalties, and the regulatory framework for transport security.
S1. Maritime Enforcement Powers
- Maritime enforcement in UK waters (Immigration Act 1971, s.28LA-28Q)
- Hot pursuit provisions (Immigration Act 1971, s.28P)
- Power to seize and dispose of ships (Immigration Act 1971, s.28PA)
- Enforcement powers by jurisdiction (Immigration Act 1971, s.28M-28O)
- Maritime enforcement amendments (Immigration Act 2016, s.75; Nationality and Borders Act 2022, s.45)
S2. Carrier Liability and Controls
- Penalty for carrying clandestine entrants (Immigration and Asylum Act 1999, s.32-38)
- Penalty for failure to secure goods vehicle (Immigration and Asylum Act 1999, s.31A; Nationality and Borders Act 2022, s.42)
- Charges for passengers without proper documents (Immigration and Asylum Act 1999, s.40-42)
- Power to detain vehicles and aircraft (Immigration and Asylum Act 1999, s.36-37, s.42)
- Carrier liability provisions (Nationality and Borders Act 2022, s.76)
S3. Transport Security and Controls
- Examination of passengers and crew (Immigration Act 1988, s.8)
- Freight information requirements (Immigration, Asylum and Nationality Act 2006, s.33)
- Rail freight provisions (Immigration and Asylum Act 1999, s.39)
- Airport control areas (Immigration Act 2016, s.74)
- Penalties for transport-related offences (Immigration and Asylum Act 1999, s.32A, s.35A, s.40A-40B)
S4. Seamen and Aircrew
- Exceptions for seamen and aircrews (Immigration Act 1971, s.8)
- Offences by persons connected with ships or aircraft (Immigration Act 1971, s.27)
- Rights of appeal for seamen and aircrews (Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.31)
- Working in UK waters provisions (Immigration Act 1971, s.11A-11B; Nationality and Borders Act 2022, s.43)
- Offshore worker requirements (Immigration Act 1971, s.11B)
Category T: Miscellaneous and Supplementary Provisions
Ancillary provisions found across all immigration Acts, including territorial extent, financial arrangements, transitional measures, and interpretative provisions. Contains the technical framework that enables the substantive immigration provisions to operate effectively across different jurisdictions and time periods.
T1. International Cooperation
- Protectorates and protected states (British Nationality Act 1948, s.30)
- International obligations and exclusions (Immigration and Asylum Act 1999, s.8; Immigration Act 2016, s.76)
- Mutual legal assistance (Criminal Justice and Immigration Act 2008, s.97)
- Recognition of financial penalties (Criminal Justice and Immigration Act 2008, s.80-92)
T2. Financial and Administrative Provisions
- Expenses and receipts (Immigration Act 1971, s.31; Immigration Act 1988, s.11; Immigration and Asylum Act 1999, s.168)
- Financial provisions (Immigration Act 2014, s.72; Immigration Act 2016, s.91; Nationality and Borders Act 2022, s.83)
- Money and funding provisions (Nationality, Immigration and Asylum Act 2002, s.160; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.46)
- Return of expenses for persons abroad (Immigration Act 1971, s.29)
- Recovery of costs and overpayments (Immigration and Asylum Act 1999, s.114)
T3. Territorial Application and Extent
- Power to extend to Islands (Immigration Act 1971, s.36)
- Channel Islands and Isle of Man provisions (British Nationality Act 1948, s.33; Commonwealth Immigrants Act 1962, s.18; Immigration Act 1971, s.36)
- Electronic travel authorisations and the Islands (Immigration Act 1971, s.11D)
- Integration with UK law of immigration law of Islands (Immigration Act 1971, Schedule 4)
- Scotland-specific provisions (Various Acts)
- Northern Ireland provisions (Various Acts)
- Wales-specific provisions (Immigration Act 2016, s.82)
- Crown application (Immigration Act 2014, s.36; Immigration Act 2016, s.84)
T4. Transitional and Consequential Provisions
- Transitional provisions and savings (British Nationality Act 1981, Schedule 8; Immigration and Asylum Act 1999, Schedule 15)
- Consequential amendments (British Nationality Act 1981, Schedule 7; Immigration Act 2014, Schedule 9)
- Repeals and revocations (Most Acts include repeal schedules)
- Commencement provisions (All Acts, various sections)
- Pre-consolidation amendments (Nationality and Borders Act 2022, s.82)
T5. Interpretation and General Provisions
- General interpretation provisions (All Acts have interpretation sections)
- Meaning of "the Immigration Acts" (Nationality, Immigration and Asylum Act 2002, s.158; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.44)
- Construction of references (Immigration Act 1971, s.11, s.33)
- References to justices of the peace (Nationality and Borders Act 2022, s.79)
- Short titles and citations (All Acts)
T6. Channel Islands and Isle of Man
- Channel Islands and Isle of Man application (British Nationality Act 1948, s.33)
- Immigration provisions for Islands (Commonwealth Immigrants Act 1962, s.18)
- Power to extend immigration law to Islands (Immigration Act 1971, s.36)
- Electronic travel authorisations for Islands (Immigration Act 1971, s.11D)
- Integration of Islands immigration law (Immigration Act 1971, Schedule 4)