United Kingdom Immigration Law
The Immigration Act 1971 and the Immigration Rules
The Immigration Act 1971 is the foundational statute of modern UK immigration law, establishing the framework for the control of entry into and stay in the United Kingdom. The Act distinguishes between the right of abode (held by British citizens and certain Commonwealth citizens) and the requirement for leave to enter or remain for all others. The Immigration Rules, issued by the Secretary of State for the Home Department pursuant to the 1971 Act, provide the detailed eligibility criteria and procedural requirements for different categories of entry and stay. The Rules are not primary legislation but are laid before Parliament and subject to the negative resolution procedure. They have been amended extensively over time to reflect changing policy priorities and are interpreted by the courts as having the force of law.
The Points-Based System
The United Kingdom introduced a points-based system for economic migration in 2008, which was substantially reformed following the end of free movement with the European Union in 2021. The current system comprises several routes. The Skilled Worker visa replaced the Tier 2 (General) route and requires applicants to accumulate 70 points through a combination of compulsory and tradeable attributes: compulsory points are awarded for a job offer from a licensed sponsor (20 points), a job at the required skill level of RQF 3 or above (20 points), and English language ability at B1 level (10 points); tradeable points are awarded for salary levels, a PhD relevant to the role, or a job in a shortage occupation. The Global Talent visa replaced Tier 1 (Exceptional Talent) and is open to individuals endorsed as leaders or potential leaders in science, humanities, engineering, the arts, and digital technology.
Student and Youth Mobility
The Student visa replaced Tier 4 and permits study at licensed student sponsors. Applicants must demonstrate sufficient English language ability, maintenance funds, and a genuine intention to study. The Graduate visa, introduced in 2021, allows international students who have completed a degree at a UK institution to remain for two years (three years for PhD graduates) to work or seek work. The Youth Mobility Scheme (Tier 5) permits young people from certain countries (including Australia, New Zealand, Canada, Japan, and South Korea) to live and work in the UK for up to two years.
The EU Settlement Scheme
Following the withdrawal of the United Kingdom from the European Union, the EU Settlement Scheme (EUSS) was established to protect the residence rights of EU, EEA, and Swiss citizens who were resident in the UK before 31 December 2020. Applicants who have completed five years of continuous residence are granted settled status (indefinite leave to remain), while those with less than five years receive pre-settled status, which can be converted to settled status once the five-year threshold is met. The deadline for most applicants was 30 June 2021, with later applications permitted for joining family members and persons with reasonable grounds for late application.
Family Migration and Asylum
Family migration under Appendix FM of the Immigration Rules covers the spouse visa, parent visa, and child visa. The partner of a British citizen or settled person must demonstrate a genuine and subsisting relationship, adequate accommodation, and a minimum income threshold of £18,600 (rising if there are dependent children). The asylum framework, governed by Part 11 of the Immigration Rules and the 1951 Refugee Convention, requires the Home Office to assess whether the applicant has a well-founded fear of persecution. The Nationality and Borders Act 2022 and the Illegal Migration Act 2023 introduced substantial changes to the asylum system, including provisions on differentiated treatment based on how asylum seekers arrive in the UK. Appeals against immigration decisions lie to the First-tier Tribunal (Immigration and Asylum Chamber). Indefinite Leave to Remain (ILR) may be granted after five years of continuous residence for most categories, subject to meeting the knowledge of language and life in the UK requirement.