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Immigration policy in the United Kingdom defines the immigration status of all natural persons entering and remaining in Great Britain and Northern Ireland and the rights derived from such status. The current legal framework for UK immigration policy was formed by the Immigration Act 1971. The Government of the United Kingdom sets and updates the UK Immigration Rules by virtue of this act (with the approval of Parliament). British nationality law, which determines who holds British nationality, is separate to UK immigration law, however UK immigration law defines the immigration rights of all British nationals.

History

Main article: Modern immigration to the United Kingdom

The current UK immigration system was shaped by 100 years of significant changes to the UK's international relationships, notably independence of Southern Ireland (1922), decolonisation of the British Empire (1945-1997), entry in to the European Economic Community (1973) and exit from the European Union (2020). Thus, it makes special provisions for many groups of people with historical ties to the United Kingdom. Such groups include Irish citizens, British nationals without right of abode in the UK, Commonwealth citizens with ancestral connections to the UK, and European citizens and dependants with ties to the UK before 2020.

Although Britain is considered one of the world's most open and tolerant countries, public opposition to high net migration and concern over its impact on public services has also had significant influence on UK immigration policy. Immigration controls were tightened significantly under Home Secretary (and later Prime Minister) Theresa May. Numbers of non-EU skilled workers entering the UK were capped, international students lost automatic rights to work after graduating, an immigration health surcharge was introduced and elderly parents found it difficult to join family in the UK. The decade of tightening immigration controls in the 2010s culminated in the end of freedom of movement with the EU in 2020.

Since 2020, the UK government has once again pursued a policy to make immigration more appealing for international students and skilled workers. University students can once again work freely in the UK after graduation, and skilled workers are no longer subject to a cap or a resident labour market test.

Basic concepts

Immigration control

Immigration control is the ability of the UK Government to deny a person entry to the UK or to detain and deport a person from the UK. Immigration control is carried out when a foreign person lacks permission to enter or remain in the UK for their intended purpose, or when a foreign person is convicted of a criminal offence.

Right of abode

Main article: Right of abode in the United Kingdom

International law recognises the right to enter one's own country. In British law, such a person is defined as holding right of abode in the United Kingdom. A person with right of abode is exempt from immigration control. All British citizens have right of abode. Other types of British nationality that exist for people with strong ties to current and former overseas territories (e.g. Hong Kong) do not automatically include right of abode in the UK. On the other hand, Commonwealth citizens with strong ties to the UK were granted right of abode in the UK during the decolonisation process.

Leave

Leave is permission to enter or remain in the UK, subject to certain conditions. Conditions placed on an individual's leave to remain may include restrictions on study and employment, restrictions on the length of stay and restrictions on access to public funds (welfare). Anyone exempt from immigration control (e.g. right of abode holders, diplomats and allied and Commonwealth armed forces) does not require leave.

Illegal entry

Anyone entering or remaining in the UK without valid leave for their intended purpose or a valid exemption from immigration control is defined as an illegal entrant by the Immigration Act 1971.

Types of immigration status

Overview

The Immigration Act 1971 defines six types of immigration status:

• Right of abode (ROA)
• Irish citizen
• Leave to remain (Known as leave to enter when granted outside the UK)
  • Indefinite leave to remain (ILR) / Indefinite leave to enter (ILE)
  • Limited leave to remain (LLR) / Limited leave to enter (LLE)
• Exempt from immigration control (EXM) (e.g. foreign diplomats and allied armed forces)
• Illegal entrant

The Immigration Rules further differentiate between long-term residents (with limited leave valid for 6 months to 6 years) and visitors (up to 6 months).

UK law associates an individual's immigration status with rights such as residence, work, study, voting and access to public services. When a person also has refugee status, humanitarian protection or is an asylum seeker, they may be afforded additional rights under the UK's international obligations.

The following table gives an overview of the rights associated with each type of UK immigration status:

	Right of abode	Irish citizen	Indefinite leave to remain	Limited leave to remain	Visitor (<6 months)	Exempt from immigration control	Illegal entrant
Evidence of status	British citizen passport; Certificate of Entitlement to Right of Abode	Irish passport; Biometric Residence Permit	Biometric Residence Permit; EUSS digital status; ILE, ILR or NTL vignette; UK-issued travel document for refugees or stateless persons	Biometric Residence Permit; EUSS digital status	Visa vignette; Passport stamp	Exempt status vignette; Any other relevant document (e.g. Diplomatic passport; NATO orders)	n/a
Exempt from immigration control	✓	✗	✗	✗	✗	✓	✗
Can spend more than 2 years outside the UK	✓	✓	✗	✗	✗	n/a	n/a
No time limit in the UK	✓	✓	✓	✗	✗	Ceases to apply if reason for exemption no longer valid	✗
Recourse to public funds	While ordinarily resident	While ordinarily resident	While ordinarily resident	✗	✗	While ordinarily resident	✗
Right to vote	✓	While ordinarily resident	While ordinarily resident	While ordinarily resident	✗	While ordinarily resident	✗
Right to work, study and volunteer	✓	✓	✓	Restricted based on immigration route	✗	✓	✗
Eligible for home student fees	After 3 years' residence	After 3 years' residence	After 3 years' residence	✗	✗	After 3 years' residence	✗
Right to rent	✓	✓	✓	✓	✓	✓	✗
Free access to the National Health Service	✓	✓	✓	Yearly surcharge	✗	✓	✗
Free access to emergency care	✓	✓	✓	✓	✓	✓	✓

Right of abode

This section is an excerpt from Right of abode in the United Kingdom.[edit]

The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.

The right of abode is the most common immigration status in the UK due to its association with British citizenship. However, it should not be confused with the indefinite leave to remain (ILR), another form of long-term residency status in the UK which is more comparable to other countries' permanent residence status.

Irish citizen

This section is an excerpt from Common Travel Area § Irish citizens in the United Kingdom.[edit]

Under British law, Irish citizens are entitled to enter and live in the United Kingdom without any restrictions or conditions. They also have the right to vote, work, study and access welfare and healthcare services.

Before 1949, all Irish citizens were considered under British law to be British subjects.

After the Republic of Ireland declared itself a republic in that year, a consequent British law gave Irish citizens a similar status to Commonwealth citizens in the United Kingdom, notwithstanding that they had ceased to be such. Thus, much like British citizens in the Republic of Ireland, Irish citizens in the United Kingdom have never been treated as foreigners.

Irish citizens have not, however, like Commonwealth citizens, been subject to immigration control in Britain since the enactment of the Commonwealth Immigrants Act 1962. Unlike Commonwealth citizens, Irish citizens have generally not been subject to entry control in the United Kingdom and, if they move to the UK, are considered to have 'settled status' (a status that goes beyond indefinite leave to remain). They may be subject to deportation from the UK upon the same basis as other European Economic Area nationals. In practice, however, this is extremely difficult and occurs only in exceptional circumstances.

In February 2007, the British Government announced that a specially lenient procedure would apply to the deportation of Irish citizens compared to the procedure for other European Economic Area nationals. As a result, Irish nationals are not routinely considered for deportation from the UK when they are released from prison. The Government's approach to the deportation of Irish citizens since 2007 is to only deport Irish citizens where recommended by a court in sentencing or in exceptional circumstances where that deportation is in the public interest.

Indefinite leave to remain

This section is an excerpt from Indefinite leave to remain.[edit]

Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).

It approximates to the concept of permanent residency (PR) in other countries, but that term had a different and specific meaning under the EU law on freedom of movement while the UK was in the EU. ILR is granted under UK domestic legislation, PR was (before Brexit) acquired automatically, if certain conditions were met, under EU law.

A person who has indefinite leave to remain, the right of abode or Irish citizenship has settled status if resident in the United Kingdom (all full British citizens have the right of abode). A person with indefinite leave to remain is eligible for access to public funds and welfare in the UK.

Settled status is central to British nationality law, as the most usual route to naturalisation or registration as a British citizen requires that the applicant be settled in the UK. Settled status is also important where a child of non-British citizen parents is born in the UK, as unless at least one parent has settled status the child will not automatically be a British citizen.

A person who is resident in the UK under the Work or Family route will be able to apply for Indefinite Leave to Remain after completing qualifying period of legal stay in the UK.

Indefinite leave can lapse where the holder has stayed outside the United Kingdom for a continuous period of more than two years. It is retained indefinitely if the holder remains resident in the UK with limited absences.

Limited leave to remain

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Exempt from immigration control

People who are exempt from immigration control in the UK cannot be denied entry to the UK or otherwise detained for deportation by an immigration officer. There are three groups of people who are exempt from immigration control: those with diplomatic immunity, allied and Commonwealth armed forces and individuals with the right of abode.

Immigration routes for employment

Global Talent route

This section is an excerpt from Immigration policy of the United Kingdom § Tier 1 (Exceptional Talent).[edit]

The Exceptional Talent sub-category is for those who are recognised or have potential to be recognized as exceptionally talented leaders in the fields of science, the humanities, engineering, medicine, digital technology or the arts. This visa is issued for an initial maximum period of five years and four months.

Youth Mobility Scheme and cultural exchange routes

This section is an excerpt from Immigration policy of the United Kingdom § Tier 5.[edit]

Tier 5 began in November 2008 and covers temporary workers and youth mobility. It replaced the previous schemes of Working Holidaymaker, au pairs, BUNAC, the Gap Year entrants concession, the Japan: Youth Exchange Scheme and the concession for research assistants to MPs.

This category comprises five sub-categories and the Youth Mobility scheme. The sub-categories are: Temporary workers – International Agreement; Temporary Workers – Charity Workers; Temporary Workers – Creative and Sporting; Temporary Workers – Religious Workers; and Temporary Workers – Government Authorised Exchange. Of the general requirements for all of these sub-categories, a major requirement is that individuals are able to come to the UK for a maximum of 12 months (except for the Youth Mobility and International Agreement Schemes where successful applicants will get 24 months) in order to seek temporary and short-term work, after which they will be expected to leave. Applicants under all Tier 5 sub-categories need to score 30 points for a valid certificate of sponsorship from a licensed UK employer (except the Youth Mobility Scheme), and 10 points for maintenance (having enough funds to support themselves in the UK) – currently this is £800.

However, before a person can apply under this category they will need a valid certificate of sponsor, which can only be issued by a sponsor who is registered with the UK Border Agency.

UK Ancestry route

This section is an excerpt from UK Ancestry visa.[edit]

A UK Ancestry visa is a visa issued by the United Kingdom to Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands, Isle of Man or Ireland (before 1922) who wish to work in the United Kingdom. It is used mainly by young Canadians, Australians, New Zealanders and South Africans of British descent coming to the UK to work and as a base to explore Europe.

Immigration routes for investors and entrepreneurs

Start-up route

This section is an excerpt from Immigration policy of the United Kingdom § Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur).[edit]

This category is intended for entrepreneurs who want to set up or take over an existing business (or businesses) in the UK. This route requires entrepreneurs to be actively involved in running of their businesses either as company directors or as self-employed. Entrepreneurs are allowed to be employed and work only in the businesses they are involved with.

Successful applicants are granted with three years of initial leave to remain and those applying must have access to at least £200,000. Under certain circumstances, the applicants can apply if they have access to only £50,000. The funds can be shared by up to two people where they can apply as an entrepreneurial team. The initial leave will be further extended by two years if the applicants demonstrate that they have invested the funds in their business (or businesses) and created at least two full-time positions that existed for at least 12 months during the three-year initial period.

To prevent abuse of the route, all the applicants are subject to a Genuine Entrepreneur Test in which they must demonstrate the credibility and genuineness of their business (or businesses). In some cases, the applicants could be interviewed or asked to submit extra evidence.

After 5 years of leave on Tier 1 Entrepreneur, the applicants could potentially apply for Indefinite Leave to Remain (ILR) in the UK. The route allows the most successful entrepreneurs to apply for settlement within the first three-year under the Accelerated Route if they demonstrate that their business generated a turnover of at least £5m or created 10 full-time jobs for 10 people lasting 12 months or more.

International students are no longer able to apply for Tier 1 (Entrepreneur) route within the UK. Instead a separate route under Tier 1 (Graduate Entrepreneur) exists in which international graduates who have been officially endorsed by either the Department for International Trade (DIT) or a British higher education institution (HEI) can apply to remain in the UK to pursue their business ventures.

On 7 March 2019, the government published immigration rule changes to close the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes to initial applications on 6 April 2019 and 6 July 2019 respectively. These two routes will be replaced by two new visa categories namely 'Start-up' and 'Innovator' visas.

Innovator route

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Investor route

This section is an excerpt from Immigration policy of the United Kingdom § Tier 1 (Investor).[edit]

The Investor subcategory is for those who wish to invest capital in the United Kingdom. In November 2014 the investment thresholds were increased to £2,000,000, £5,000,000 or £10,000,000. The difference between the thresholds is the amount of time it takes a migrant to be eligible for Indefinite Leave to Remain. With the £2,000,000 threshold it is 5 years, with the £5,000,000 threshold it is 3 years and with the £10,000,000 threshold it is 2 years. The funds must be invested in either share capital in British companies or in British bonds.

Immigration routes for family

Spouse/Partner route

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Other immigration routes

EU Settlement Scheme

This section is an excerpt from European Union Settlement Scheme.[edit]

The European Union Settlement Scheme (also the EU Settlement Scheme or EUSS) is an immigration regime of the United Kingdom introduced by the Home Office in 2019, under the new Appendix EU of the UK's Immigration Rules, in response to the Brexit situation. EUSS processes the registration of nationals of EU and EFTA countries who were resident in the United Kingdom prior to the end of the Brexit transition/implementation period (which followed the technical departure of the UK from the European Union) at 11pm GMT on 31 December 2020 ("IP completion day"). Successful applicants receive either "pre-settled status" (a special form of Limited Leave to Remain) or "settled status" (a special form of Indefinite Leave to Remain), generally depending on the length of time they have been resident in the United Kingdom.

The system also provide rights to particular types of family members, whether residing in the UK before IP completion day or not, of those EU and EFTA nationals, as long as the family relationship existed by IP completion day (with certain exceptions, like for later-born children).

The system also extends rights to certain family members who resided with a British citizen in an EU or EFTA country prior to IP completion day.

Discretionary leave to remain (DLR)

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Leave outside the rules (LOTR)

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Old article

, however the British Nationality Act 1981 defines certain nationals as British citizens based on their status under the Immigration Act 1971.

are the areas of modern British policy concerned with the immigration system of the United Kingdom—primarily, who has the right to visit or stay in the UK. British immigration policy is under the purview of UK Visas and Immigration.

With its exit from the European Union, the UK is set to undergo a broad reform to its immigration system, putting an end to free movement and introducing a points-based system, due to take affect on 1 January 2021.

Electronic documentation

In the wake of Brexit, the British Government introduced a wide, multi-year programme of change, led by the Home Office, to transform the operation of the UK's border and immigration system. Following the first phase of this initiative which will take place in 2021, further improvements to the system in the longer term include the introduction of an Electronic Travel Authorisation system. The United Kingdom Electronic Travel Authorities (ETA) is planned as an electronic system that will be used to pre-check migrants travelling to the UK.

Citizens of Kuwait, Oman, Qatar, and United Arab Emirates in the Arabian peninsula can obtain an Electronic Visa Waiver (EVW) online to enter the United Kingdom, which is only valid for one entry each. An EVW authorisation enables its holder to visit and/or study in the UK for up to 6 months without a visa, and must be obtained each time an eligible person wishes to enter/re-enter the UK for such purpose. An EVW is only valid for one entry, and a new EVW must be obtained each time an eligible person wishes to enter the UK to visit and/or study for up to 6 months without a visa. The EVW is also valid for visits to Ireland for up to 90 days once a holder has cleared immigration in the United Kingdom.

Points-based system and sponsorship

Exiting the European Union on 31 January 2020, the United Kingdom moved to end free movement and introduce an Immigration Bill for a points-based system. Under the new British points-based system—due to take affect on 1 January 2021—there will be a single immigration policy applied to anyone who wishes to live and work in the UK. This would be the first phase of a wider multi-year programme of change, led by the Home Office, to transform the operation of the British border and immigration system—including sponsorship.

Under the new system, persons require 70 points to enable them to work in the UK.

Current requirements

Requirement	Tradable with other requirements	Points
Offer of employment by an approved sponsor	No	20
Employment at the appropriate skill level	No	20
Speaks English at a sufficient level	No	10
Salary between £20,480 and £23,039	Yes	0
Salary between £23,040 and £25,599	Yes	10
Salary that is £25,600 or above	Yes	20
Employment in an occupation that has a shortage as designated by the Migration Advisory Committee	Yes	20
Education qualification: PhD in a subject relevant to the employment	Yes	10
Education qualification: PhD in a STEM subject relevant to the employment	Yes	20

Sponsorship

In order to be eligible to apply under certain categories of the points-based system, the applicant must have a sponsor which is on the UKBA register of sponsors. The register of sponsors lists all organisations that the UK Border Agency has licensed to employ migrant workers or sponsor migrant students. On 31 March 2009, the register of sponsors replaced the register of education and training providers published by the Department for Innovation, Universities and Skills (and previously by the Department for Education and Skills). During 2018, many NHS trusts found that applications for certificates of sponsorship for doctors and nurses were refused, leaving them to rely on locum staff.

For employers sponsoring skilled migrants under the new 2021 system, the visa process would be streamlined to reduce the time it takes to bring a migrant into the UK by up to 8 weeks. The Government intends to further reduce this through additional enhancements to the system.

Visas

Main article: Visa policy of the United Kingdom

British Visas, as of April 2015

Visa	Details
Visitor Visas	Standard Visitor visa: As of April 2015, the Standard Visitor visa replaced the Family Visitor visa, General Visitor visa, Child Visitor visa, Business Visitor visa(including visas for academics, doctors, and dentists), Sports Visitor visa, Entertainer Visitor visa, Prospective Entrepreneur visa, Private Medical Treatment Visitor visa, and the Approved Destination Status (ADS) visa. Marriage Visitor visa Permitted Paid Engagement visa Parent of a Tier 4 child visa Visa to pass through the UK in transit Direct Airside Transit visa Visitor in Transit visa
Work Visas	Tier 1 visa Entrepreneur (minimum £200,000 investment or £50,000 if qualified) Exceptional Talent (recognised leader in fields of science, humanities, engineering, medicine, digital technology or the arts) General (highly skilled workers, writers, composers or artists and self-employed lawyers) Graduate Entrepreneur Investor (minimum £2,000,000 investment) Tier 2 visa (sponsored workers) General Intra-company Transfer (foreign company workers in a British branch) Minister of Religion Sportsperson Tier 5 visa (temporary work for sponsored workers) Charity Worker (unpaid voluntary work) Creative and sporting Government Authorised Exchange International Agreement Religious Worker Youth Mobility Scheme Domestic Workers in a Private Household visa (cleaners, chauffeurs, cooks, personal care providers and nannies) Representative of an Overseas Business visa (head of a British branch or a foreign journalist on a long-term posting) Turkish Businessperson visa Turkish Worker visa UK Ancestry visa (Commonwealth citizens with British born parents or grandparents) Croatian national registration certificates
Student Visas	Short-term study visa Tier 4 visa General Child

Workers Visas

Tier 1 (Entrepreneur) & Tier 1 (Graduate Entrepreneur)

This category is intended for entrepreneurs who want to set up or take over an existing business (or businesses) in the UK. This route requires entrepreneurs to be actively involved in running of their businesses either as company directors or as self-employed. Entrepreneurs are allowed to be employed and work only in the businesses they are involved with.

Successful applicants are granted with three years of initial leave to remain and those applying must have access to at least £200,000. Under certain circumstances, the applicants can apply if they have access to only £50,000. The funds can be shared by up to two people where they can apply as an entrepreneurial team. The initial leave will be further extended by two years if the applicants demonstrate that they have invested the funds in their business (or businesses) and created at least two full-time positions that existed for at least 12 months during the three-year initial period.

To prevent abuse of the route, all the applicants are subject to a Genuine Entrepreneur Test in which they must demonstrate the credibility and genuineness of their business (or businesses). In some cases, the applicants could be interviewed or asked to submit extra evidence.

After 5 years of leave on Tier 1 Entrepreneur, the applicants could potentially apply for Indefinite Leave to Remain (ILR) in the UK. The route allows the most successful entrepreneurs to apply for settlement within the first three-year under the Accelerated Route if they demonstrate that their business generated a turnover of at least £5m or created 10 full-time jobs for 10 people lasting 12 months or more.

International students are no longer able to apply for Tier 1 (Entrepreneur) route within the UK. Instead a separate route under Tier 1 (Graduate Entrepreneur) exists in which international graduates who have been officially endorsed by either the Department for International Trade (DIT) or a British higher education institution (HEI) can apply to remain in the UK to pursue their business ventures.

On 7 March 2019, the government published immigration rule changes to close the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes to initial applications on 6 April 2019 and 6 July 2019 respectively. These two routes will be replaced by two new visa categories namely 'Start-up' and 'Innovator' visas.

Tier 1 (Investor)

The Investor subcategory is for those who wish to invest capital in the United Kingdom. In November 2014 the investment thresholds were increased to; £2,000,000, £5,000,000 or £10,000,000. The difference between the thresholds is the amount of time it takes a migrant to be eligible for Indefinite Leave to Remain. With the £2,000,000 threshold it is 5 years, with the £5,000,000 threshold it is 3 years and with the £10,000,000 threshold it is 2 years. The funds must be invested in either share capital in British companies or in British bonds.

Tier 1 (Exceptional Talent)

The Exceptional Talent sub-category is for those who are recognised or have potential to be recognized as exceptionally talented leaders in the fields of science, the humanities, engineering, medicine, digital technology or the arts. This visa is issued for an initial maximum period of five years and four months.

Tier 2

Tier 2 covers skilled workers with a job offer from a UK-based employer and was introduced in November 2008. It replaced the provisions for work permit employment, ministers of religion; airport-based operational ground staff, overseas qualified nurse or midwife, student union sabbatical posts, seafarers, named researchers, Jewish agency employees, and overseas representatives (news media).

See also

• United Kingdom immigration law
• Visa policy of the United Kingdom
• Modern immigration to the United Kingdom
• Points-based immigration system (United Kingdom)
• UK Electronic Travel Authorisation

References

Category:Immigration to the United Kingdom