Immigration Act 1971

The Immigration Act 1971 is the foundational statute of UK immigration law, establishing the framework for immigration control that has been built upon by subsequent legislation. The Act created the concept of ‘right of abode’ and distinguished between ‘patrials’ (those with a right of abode) and ’non-patrials’ (those subject to immigration control). The Act established the system of entry clearance, leave to enter and remain, deportation powers, and appeals against immigration decisions. The Act also created a common travel area with Ireland. Although substantially amended by subsequent Acts, its core structure remains the foundation of UK immigration law.

Legal area: Immigration law governs the entry, stay, and removal of non-nationals, including rights of residence, asylum, and nationality.

Citation: Immigration Act 1971 (1971 c 77)

Full text: https://www.legislation.gov.uk/ukpga/1971/77

Key Provisions

• Section 1: Principles of immigration control (right of abode distinguished from leave)
• Section 2: Right of abode (patrials: certain Commonwealth citizens and UK-born)
• Section 3: General provisions for regulation of entry (leave to enter, conditions)
• Section 4: Regulation of entry into the United Kingdom
• Section 24: Illegal entry and overstaying (criminal offences)
• Section 33: Interpretation (key definitions including ’entering’ the UK)

Significance

The Immigration Act 1971 established the modern framework of UK immigration control. The concept of ‘right of abode’ replaced the previous system based on Commonwealth citizenship. The Act’s distinction between patrials and non-patrials was controversial and racially discriminatory in effect. The Act has been substantially amended by the British Nationality Act 1981, the Immigration and Asylum Act 1999, the Nationality, Immigration and Asylum Act 2002, the UK Borders Act 2007, the Immigration Act 2014, the Immigration Act 2016, and the Nationality and Borders Act 2022.