UK Immigration Laws: Essential Overview

UK immigration laws determine who can enter the UK, who can stay and what they are permitted to do while they are here. It applies to people moving to the UK for work, study, family life or protection, and includes both temporary and long-term migration routes.

The legal framework consists of legislation such as the Immigration Act 1971 and the Nationality and Borders Act 2022, supported by detailed Immigration Rules, case law and Home Office guidance rules. For those looking to navigate the UK immigration system, whether as an individual applicant or an employer/sposnor, this body of law – vast, disparate, complex and subject to frequent change – can quickly become very daunting.

Visa eligibility often depends on specific criteria, such as sponsorship, salary levels, job roles, English language ability and financial maintenance. Mistakes in the application process or a failure to follow procedure can result in refusals, delays or enforcement action.

The net effect is that it has become increasingly difficult for applicants to understand the rules and their options, and to navigate the Home Office’s system of procedures.

But against this backdrop, life goes on – people move, marry, migrate. Companies need to recruit migrant workers, since the UK labour market continues to suffer shortages across sectors and skills.

And yet, rather than offering UK plc a framework in which to access much-needed talent for wider economic benefit, the UK immigration rules in their present form fail in many ways to enable UK employers to meet recruitment and talent needs.

In this guide, we set out the key elements that make up UK immigration laws, and how these work in practice.

 

Section A: Introduction to UK Immigration laws

 

UK immigration law governs who can enter the country, how long they may stay, and under what conditions. It also determines the rights and responsibilities of migrants while they are in the UK, including their access to work, study, healthcare and public funds. For employers, the law defines when and how they can lawfully hire foreign nationals and what duties they must meet to retain their sponsor status.

Immigration law in the UK is broad, technical and regularly updated. Changes often reflect political priorities, economic needs and international agreements. These developments affect both individuals and organisations, requiring careful attention to policy shifts and procedural updates.

At its foundation, the legal framework includes primary legislation such as the Immigration Act 1971, along with a series of later Acts that have introduced new rules and enforcement powers. The Immigration Rules, set by the Home Office, provide detailed criteria that must be met in applications to enter or remain in the UK. These Rules are amended regularly through Statements of Changes, which are laid before Parliament.

Legal guidance issued by UK Visas and Immigration (UKVI) provides interpretation of the Rules for caseworkers. Tribunals and courts also play an important role by shaping the way laws are applied through case decisions.

Together, these elements form the legal basis for immigration control in the UK. Understanding how these rules fit together is essential for applicants and those who support or employ them. Each immigration route has its own requirements and limitations, and mistakes in the application process or sponsor duties can have serious consequences. Employers, legal advisers and individuals must stay informed to ensure they act lawfully and make effective decisions.

 

Section B: Main sources of UK immigration law

 

UK immigration law is made up of multiple layers, combining Acts of Parliament, the Immigration Rules, case law, statutory instruments, Home Office guidance, and international obligations. Together, these sources form a complex but structured framework governing who may enter, remain in or be removed from the UK.

At the centre of this system lies the Immigration Act 1971. This legislation grants the Secretary of State for the Home Department the authority to lay down the Immigration Rules, which set out the requirements and conditions for all immigration routes, from work and study to family and protection. While not delegated legislation, the Immigration Rules now function as binding criteria and are applied strictly by Home Office decision-makers. The Rules are frequently amended through Statements of Changes, which are laid before Parliament and published on GOV.UK.

Subsequent legislation has introduced enforcement powers and compliance duties for employers, landlords and others. For example, the Immigration Acts of 2014 and 2016 introduced Right to Rent and Right to Work checks. The Nationality and Borders Act 2022 made wide-reaching changes to asylum policy and criminal penalties for unlawful entry.

 

 

Act	Summary
Nationality and Borders Act 2022	Reformed the asylum system, introduced a two-tier refugee model, and increased penalties for illegal entry and people smuggling.
Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020	Ended free movement for EU nationals and laid the legal foundation for the UK’s points-based immigration system.
Immigration Act 2016	Extended enforcement powers, introduced new criminal offences for illegal working and strengthened sanctions for employers and landlords.
Immigration Act 2014	Introduced Right to Rent checks, restricted appeal rights, and created the illegal working offence.
Borders, Citizenship and Immigration Act 2009	Revised naturalisation and border enforcement powers and introduced earned citizenship reforms (some provisions not implemented).
Criminal Justice and Immigration Act 2008	Included provisions relating to immigration offences and enforcement.
Tribunals, Courts and Enforcement Act 2007	Reformed the tribunal system, including creation of the Asylum and Immigration Chamber of the First-tier Tribunal.
UK Borders Act 2007	Introduced biometric residence permits and allowed automatic deportation for foreign nationals convicted of serious crimes.
Immigration, Asylum and Nationality Act 2006	Introduced the five-tier points-based system and civil penalties for employers hiring illegal workers.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004	Restricted support for late asylum claims and introduced one-stop appeals and electronic tagging.
Nationality, Immigration and Asylum Act 2002	Introduced the Life in the UK Test and fast-track procedures for asylum claims.
Immigration and Asylum Act 1999	Created the National Asylum Support Service and replaced cash support with vouchers (since repealed).
Special Immigration Appeals Commission Act 1997	Created SIAC to handle cases involving national security and closed material procedures.
Asylum and Immigration Appeals Act 1993	Established the right of appeal against asylum refusals and made it an offence to employ unauthorised workers.
Immigration Act 1988	Clarified immigration status of Commonwealth citizens and restricted polygamous spouses’ entry.
British Nationality Act 1981	Redefined British nationality and introduced British citizenship, British Overseas Territories citizenship and British Overseas citizenship.
Immigration Act 1971	Primary immigration statute still in force today. Introduced leave to enter/remain, right of abode, and control over Commonwealth migration.
Commonwealth Immigrants Act 1968	Restricted rights of entry even for Commonwealth citizens with UK passports unless parent or grandparent born in the UK.
British Nationality Act 1948	Established citizenship of the United Kingdom and Colonies (CUKC) for former Empire subjects.
British Nationality and Status of Aliens Act 1914	Early statute defining British subject status and conditions for naturalisation and loss of status.
Aliens Act 1905	First modern immigration law, restricting entry of those deemed ‘undesirable’ and introducing registration of aliens.

 

Each immigration category is now set out in its own appendix within the Rules, such as Appendix Skilled Worker or Appendix Student. These appendices are supported by detailed Home Office guidance, which explains how the Rules should be interpreted. Although not legally binding, the guidance is central to decision-making and often relied upon in sponsor licence and visa assessments.

Case law plays a further role in shaping UK immigration law, particularly where tribunal or court judgments clarify how laws should be applied or where policy may need to change. Human rights law, most notably the European Convention on Human Rights, also informs decisions, especially in protection and family cases. Post-Brexit, some rights under the Withdrawal Agreement for EU nationals also remain relevant.

 

Section C: How the UK Immigration Rules are structured & updated

 

The UK’s Immigration Rules are divided into a series of appendices, each dealing with a different route or requirement. For example, Appendix Skilled Worker sets out the criteria for sponsored work visas, while Appendix FM covers family members. Other appendices deal with topics such as English language requirements, financial thresholds and salary levels.

Each appendix contains mandatory conditions that must be met for an application to succeed. The rules are designed to be prescriptive, often leaving limited discretion to decision-makers. Applicants and sponsors must ensure all relevant requirements are met at the date of decision unless a specific exception applies.

Changes to the Immigration Rules are made through Statements of Changes, which are published by the Home Office and laid before Parliament. These changes can come into force with little notice and often apply to applications made on or after a specified date. The volume and frequency of these updates mean that applicants and employers must be alert to the latest developments to ensure compliance.

There is no formal consultation process for most changes to the Rules, although the Home Office may sometimes issue policy papers or white papers in advance of major reforms. Where guidance or explanatory notes accompany a Statement of Changes, they can provide some indication of policy intent or practical implications, but the legal effect lies in the wording of the Rules themselves.

Failure to comply with the specific requirements set out in the Rules will usually result in refusal, regardless of the applicant’s circumstances. It is therefore essential to work from the most up-to-date version of the Rules when preparing or reviewing an immigration application.

 

Section D: Role of Home Office guidance and policy documents

 

While the Immigration Rules set out the legal requirements, they are supported by a large volume of Home Office guidance documents. These are primarily intended for caseworkers deciding applications, but they are publicly available and regularly used by legal representatives and applicants.

Guidance documents explain how the Rules should be applied in practice. They often include examples and clarifications which can help to interpret terms or assess how discretion might be exercised in borderline cases. In many visa categories, meeting the guidance is treated as essential, even if it does not carry the same legal weight as the Rules themselves.

Inconsistencies sometimes arise between the Immigration Rules and the published guidance. When that happens, the Rules take precedence. Case law has confirmed that policy cannot override law, although guidance can still influence decision-making and may provide helpful support in making an application.

Applicants and sponsors should also be aware that Home Office guidance can change without warning. The updated version usually applies to all decisions made on or after the date of publication, even if the application was submitted earlier. It is therefore important to check the latest version before submitting an application.

Guidance is often overlooked by applicants focusing solely on the formal Rules. However, failure to follow the latest instructions and evidential requirements set out in the guidance can lead to avoidable refusals. Careful attention to both the Rules and accompanying caseworker guidance remains a key part of preparing a successful immigration application.

 

Section E: Role of case law in UK immigration

 

Case law plays an essential part in shaping how immigration rules and laws are applied in practice. Decisions from the UK courts and tribunals, as well as from the higher courts in Europe where still relevant, clarify how specific rules should be interpreted and provide authority on points of law.

Judges often decide cases where the rules are silent, ambiguous or lead to unfair outcomes. Their judgments can affect how the Home Office approaches certain types of application or how tribunals are expected to assess appeals. In some instances, case law can lead to a change in Home Office policy or a formal revision to the Immigration Rules.

Practitioners frequently refer to established legal precedents when making representations on behalf of their clients. These authorities can carry significant weight in decision-making, especially where a case involves discretionary factors or human rights considerations.

Some decisions have a lasting impact on the wider immigration system. For example, rulings on Article 8 of the European Convention on Human Rights, which protects the right to family and private life, have led to ongoing changes in how family-based immigration cases are assessed.

Applicants are not expected to know case law in detail, but they may benefit from professional advice when their case is not straightforward. Understanding how the courts have interpreted the law can make a material difference to the outcome of an application or appeal. Where appropriate, decision-makers must follow the principles set out in binding case law to ensure decisions are legally sound and fair.

 

Section F: Post-Brexit UK immigration law

 

Following the UK’s exit from the European Union (EU), the UK’s immigration system has been completely overhauled, not least to make provision for EEA and Swiss nationals who no longer automatically have freedom of movement to work, study, visit or live in the UK.

Free movement with the EU ended on 31 December 2020, although a transitional period lasted until 31 December 2021, before new arrangements for EEA and Swiss nationals fully came into effect. In this way, as from 1 January 2021, EU and non-EU citizens have been treated equally in the context of UK immigration laws, with the exception only of Irish citizens who have continued to enjoy the right to freely enter and reside in the UK.

However, one of the main changes to UK immigration laws has been to introduce the EU Settlement Scheme (EUSS). The EUSS provided a basis, consistent with the Withdrawal Agreement with the EU — and with the citizens’ rights agreements reached with the other EEA countries and Switzerland — for EEA and Swiss nationals resident in the UK by the end of the transition period to apply for lawful immigration status for free. Those agreements now have effect through the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020.

Incorporated into Appendix EU to the UK’s Immigration Rules, thousands of EEA and Swiss nationals, and their family members, have now been granted either settled or pre-settled status, depending on how long they had lived in the UK when they applied. The deadline for most applications was 30 June 2021, where the additional 6 months following the end of the transitional stage provided a grace period for those who were resident in the UK by the end of 2020, but were yet to apply for immigration status. Whilst it is still possible, in limited cases, for applicants to apply to the EUSS, most EEA and Swiss nationals will now be required to apply for a suitable visa to give them permission to enter or stay in the UK.

 

UK immigration routes

 

There are a number of immigration routes now open to both EEA and non-EEA nationals. These include various routes that were already in force prior to Brexit, that have either been revised or rebranded, as well as several brand new routes, many of which have been designed to attract the best and brightest to the UK to help build back the UK economy.

Below we look at some key examples of UK immigration laws in the context of coming to the UK to work or study, in each case referencing the section of the Immigration Rules which regulate the entry into, and stay in the UK, of those requiring leave. We also look at the new rules for EEA and Swiss nationals around visiting the UK.

For each example given, we highlight some of the key caseworker guidance provided by UK Visas and Immigration (UKVI), setting out how the Immigration Rules are to be interpreted and applied in practice. UKVI is the division of the Home Office responsible for the UK’s visa system, where it is UKVI caseworkers that make the day-to-day decisions on thousands of visa applications, as well as deciding applications from UK-based employers and educational institutions to be approved as sponsors of overseas workers and students.

 

Work routes

 

The Skilled Worker route is one of the primary sponsored immigration routes for migrant workers coming to the UK to undertake a skilled job role. Previously known as the Tier 2 visa route, the Skilled Worker visa was in place prior to Brexit, but has now been opened up to EEA and Swiss nationals. It has also been simplified and streamlined. This visa will allow an applicant to come to the UK to do an eligible job with a licensed sponsor, provided they have the offer of a job that meets the minimum skill and salary requirements for this route.

The rules and requirements for a Skilled Worker visa can be found under Appendix Skilled Worker to the UK’s Immigration Rules. Reference should also be made to the most recent UKVI ‘Skilled Worker’ caseworker guidance.

Similarly, the Senior or Specialist Worker visa has replaced the Tier 2 (Intra-company Transfer) visa, and allows both EEA and non-EEA nationals to work in an eligible job role at their employer’s UK branch. For those undertaking a graduate trainee programme at a UK branch of their overseas employer, they will now need to apply for a Graduate Trainee visa, which has replaced the Tier 2 (Intra-company Transfer) Graduate Trainee visa.

The rules and requirements relating to these new revised routes can be found under Appendix Global Business Mobility (GBM) routes. This part of the UK’s Immigration Rules also sets out other GBM routes, including GBM UK Expansion Worker, which replaces the Sole Representative route, as well as GBM Service Supplier, which replaces the former International Agreement route, and the brand new GBM Secondment Worker route.

Other new or revised routes include:

 

• The Global Talent visa: introduced on 20 February 2020, replacing the Tier 1 (Exceptional Talent) visa, this route allows leaders or potential leaders in the fields of arts and culture, academia or research and digital technology to work in the UK without sponsorship;
• The Graduate visa: introduced on 1 July 2021, this visa route offers recent international graduates the flexibility to stay on in the UK and look for work;
• The High Potential Individual visa: introduced on 30 May 2022, this visa is available to academically elite applicants who have been awarded a qualification by a top university;
• The Scale-up visa: introduced on 22 August 2022, this allows the visa-holder to come to the UK to do an eligible job for a fast-growing UK business, whilst giving the visa-holder the flexibility to work for any employer after a period of just 6 months.

The rules and requirements relating to these immigration routes can be found under Appendix Global Talent, Appendix Graduate, Appendix High Potential Individual and Appendix Scale-up, with the relevant caseworker guidance.

 

Study routes

 

Prior to Brexit, there were two student visa routes available to foreign nationals. These remain in place, but with various revisions, and have now been opened up to EEA and Swiss nationals. These include the Student visa and the Child Student visa routes.

In broad terms, EEA and non-EEA nationals can apply for a Student visa to undertake a course of studies in the UK if they are aged 16 or over and have been offered a place on a suitable course by a licensed student sponsor. They must also be able to speak, read, write and understand English, and have enough money to pay for their course and support themselves in the UK, although the amount will vary depending on their circumstances.

An applicant can apply for a Child Student visa if they are aged between 4-17 years and they want to study at an independent school in the UK. However, they must have an unconditional offer of a place, and be able to show that they will have access to enough money to pay for their course and living costs. For students under 18, whether applying for a Student or Child Student visa, they will also need the consent of their parent or guardian.

The various different requirements that must be met under either of the two student routes can be found under Appendix Student and Appendix Child Student to the UK’s Immigration Rules.

 

Visitor routes & ETA permits

 

Visitors to the UK fall under two main categories: visa nationals and non-visa nationals. The rules for entry differ depending on nationality and the purpose of travel.

Visa nationals are required to obtain a Standard Visitor visa before travelling to the UK. This applies even for short stays of up to six months. The visa covers a range of permitted activities, such as tourism, visiting friends or family, business meetings and short-term study. Applicants must demonstrate that they intend to leave the UK at the end of their visit and that they can support themselves during their stay without working or accessing public funds.

Non-visa nationals are not required to apply for a visitor visa before travelling to the UK for stays of up to six months. However, they must now obtain an Electronic Travel Authorisation (ETA) before arrival. The ETA is a digital approval that allows eligible individuals to travel to the UK as a visitor, and it must be secured in advance.

On arrival, non-visa nationals holding an ETA are still subject to border checks. Border officers will assess whether the individual meets the requirements for entry under the visitor route. They must be able to show that their visit is temporary, that they have sufficient funds for the duration of their stay, and that they intend to leave the UK before their permission expires.

An ETA does not guarantee entry. Travellers may still be refused permission to enter if their intentions or circumstances do not meet the eligibility criteria set out in the Immigration Rules. Non-visa nationals must also ensure their planned activities fall within the scope of permitted visitor activities, as working or studying is not allowed under this route. The current rules are set out under Appendix V: Visitor and the associated guidance published by the Home Office.

All visitors are subject to restrictions on what they can do while in the UK. Paid or unpaid work, long-term study and access to public funds are not allowed. Some visitors, such as academics or experts invited to speak at events, may qualify for specific arrangements like the Permitted Paid Engagement visa.

The Immigration Rules set out the requirements for all visitors under Appendix V: Visitor, and guidance from UKVI explains how the rules are applied in practice.

 

Section G: Immigration enforcement & compliance

 

Immigration enforcement refers to the actions taken by the Home Office to monitor compliance with immigration laws and to deal with breaches. Employers, landlords, educational institutions and other organisations are expected to meet certain obligations when engaging with individuals who are subject to immigration control.

For employers, this includes conducting right to work checks to ensure that staff have permission to be employed in the UK. Failure to carry out proper checks can result in civil penalties of up to £60,000 per worker, and in some cases, criminal prosecution. Landlords also have legal duties under the Right to Rent scheme, where they must confirm that tenants have valid immigration status before letting out a property.

The Home Office has enforcement teams responsible for identifying and removing people who have overstayed their visa, entered the country unlawfully or breached the conditions of their leave. These powers include the ability to detain individuals and to carry out raids on businesses suspected of employing illegal workers.

Sponsor licence holders face regular scrutiny through compliance visits and reporting duties. If a sponsor is found to be in breach of the rules, the Home Office may suspend or revoke the licence, leaving sponsored workers without valid leave and potentially facing removal.

Individuals are also expected to comply with the conditions of their visa. These might include restrictions on work, study or access to public funds. Breaching any of these terms can affect future applications or lead to enforcement action.

 

Section H: Digital status and eVisa rollout

 

The UK has moved away from physical immigration documents in favour of digital proof of immigration status; Biometric Residence Permits (BRPs) are no longer and individuals are now required to use an online UKVI account to access and prove their immigration status.

The new digital system, known as the eVisa, links an individual’s status to their passport. Employers, landlords and other third parties can no longer rely on physical cards but must instead use online verification tools provided by the Home Office. The online account provides the ability to generate share codes, which can be used by employers and others to check someone’s right to work, rent or access services.

 

Read more about the eVisa system here >> 

 

Section I: Settlement and citizenship reforms

 

The UK Government’s 2025 Immigration White Paper introduces significant changes to the pathways for settlement and citizenship. The standard qualifying period for Indefinite Leave to Remain (ILR) is to be extended from five to ten years for most visa categories, including work and study routes. Details of the changes are yet to be published, but the following has been announced in the White Paper.

A new “earned settlement” model is to be implemented, incorporating a points-based system that evaluates applicants based on their contributions to the UK economy and society. Factors such as consistent tax payments, employment in public services like the NHS or education sector, community volunteering and strong English language proficiency will be considered, effectively ‘rewarding’ those who actively engage and integrate into British society.

Certain groups may retain shorter settlement pathways. Family members of British citizens, particularly spouses and children, should continue to qualify after five years. Refugees and individuals granted humanitarian protection will also have access to expedited routes, in line with domestic and international obligations.

Citizenship eligibility will align with the new settlement framework. Applicants will need to meet the extended residency requirement and demonstrate their contributions through the points-based system. The Life in the UK Test will be updated to reflect these changes, and measures will be considered to reduce financial barriers for young adults who have grown up in the UK.

 

Section J: Criminality and Good Character

 

UK immigration law places considerable weight on an applicant’s character and conduct. When applying for visas, settlement or British citizenship, individuals are expected to show they are of good character. The Home Office assesses this requirement through a range of factors, with a particular focus on criminality, both in the UK and abroad.

Any criminal conviction must be declared, regardless of how long ago it occurred or where the offence took place. The rules changed on 1 December 2020, meaning that even a single custodial sentence of 12 months or more, imposed at any time, will usually result in an automatic refusal of a settlement or citizenship application. Where a custodial sentence of less than 12 months has been imposed, applicants must usually wait at least ten years before they will be eligible.

Non-custodial sentences, including fines and out-of-court disposals, can also lead to refusal if the offence occurred within 24 months of the application. In all cases, the Home Office has discretion to consider the circumstances of the offence and any evidence of rehabilitation. However, discretion is exercised sparingly and any recent conduct that calls into question an applicant’s character is likely to weigh against them.

Adverse immigration history may also count against an applicant. This includes breaches such as overstaying, working in breach of visa conditions or using deception in a previous application.

Applicants are advised to seek legal advice where there is a risk of refusal on character grounds. A well-prepared application may include evidence of reform, personal references, and details of any mitigating factors to help strengthen the case. Misleading or withholding information about criminal history will result in refusal and may lead to further enforcement action.

 

Section K: Immigration appeals and legal remedies

 

Individuals who are refused entry to the UK or whose applications for leave are rejected may have the right to appeal or request an administrative review. The type of remedy available depends on the decision and the immigration route involved.

Appeals are usually heard by the First-tier Tribunal (Immigration and Asylum Chamber). In most cases, an appeal right is limited to human rights claims, protection claims or decisions to revoke protection status. For other categories, such as Skilled Worker or Student visas, applicants may instead request an administrative review if they believe the Home Office made an error in applying the rules.

Judicial review is a further legal remedy, but only applies when no alternative right of appeal or review exists. It allows the courts to assess whether the Home Office acted lawfully when making a decision. Judicial review does not reconsider the facts of the case, but looks at whether the decision was made fairly and within the law.

Time limits are strict: most appeals must be submitted within 14 days if made from inside the UK or 28 days if from abroad, while applications for judicial review must usually be made within three months of the decision.

The appeals process can provide an important safeguard for applicants, allowing errors to be corrected and ensuring fairness in decision-making. However, pursuing an appeal or review can be time-consuming and costly, and outcomes are not guaranteed. Legal advice is therefore needed in most cases before starting an appeal or legal challenge.

For sponsors and employers, decisions relating to sponsor licences or compliance action may also be challenged through review or appeal routes, depending on the circumstances. It is important to act quickly and to understand the procedural options available.

 

Section L: Role of immigration lawyers

 

UK immigration law is governed by an extensive and ever-changing body of legislation, rules and guidance. The volume and detail of this framework can make it difficult for applicants and sponsors to fully understand their position or to make confident decisions when preparing an application. Legal advisers play a vital role in helping individuals and employers make sense of the rules and apply them correctly.

As immigration specialists, DavidsonMorris provide clarity on eligibility requirements, evidence thresholds and how legal definitions are applied in practice. We advise on appropriate immigration routes and strategies based on individual or organisational circumstances, helping to avoid errors that can lead to delays, refusals or long-term consequences. This is particularly important where discretionary elements are involved, such as good character assessments or exemptions to standard eligibility criteria, which often require detailed legal submissions.

Beyond procedural knowledge, we have in-depth knowledge and experience of the administrative processes behind Home Office decision-making, including the timing of applications, biometric enrolment, priority services and potential routes for challenge if a decision is delayed or refused.

For employers, we offer critical support in areas such as sponsor licence compliance, record-keeping duties and right to work checks. We also provide guidance on Home Office audits, reporting obligations and how to respond to queries or notices that could affect a licence.

 

Section M: Need assistance?

 

DavidsonMorris are specialists in UK immigration. We are a team of immigration solicitors and legal experts dedicated to UK immigration law. We work with businesses and individuals to help understand their immigration options and support with making immigration and nationality applications to the Home Office. Contact us for advice on your UK immigration matter.

 

Section N: UK immigration laws FAQs

 

What are the main sources of UK immigration law?

UK immigration law comes from a combination of primary legislation, Immigration Rules, statutory instruments, case law and Home Office guidance. International obligations and post-Brexit agreements also continue to influence the framework.

 

What is the Immigration Rules document?

The Immigration Rules set out the detailed criteria for each immigration route. These rules are regularly updated by the Home Office and are essential to determining whether an application will meet the requirements.

 

Are EU citizens still allowed to live and work in the UK?

EU citizens no longer have automatic rights to live or work in the UK. Most must now apply for a visa under the points-based system, unless they already hold pre-settled or settled status under the EU Settlement Scheme.

 

What is the difference between settled and pre-settled status?

Pre-settled status is granted to eligible applicants who had not yet reached five years of continuous residence in the UK by the end of the Brexit transition period. Settled status is granted to those who have lived in the UK for at least five continuous years.

 

Do immigration laws apply differently to Irish citizens?

Irish citizens are not subject to the same immigration controls as other foreign nationals. They continue to have the right to enter and live in the UK under the Common Travel Area arrangements.

 

What is an eVisa?

An eVisa is a digital record of a person’s immigration status in the UK.

 

Can the Immigration Rules change without new legislation?

Changes to the Immigration Rules are made through Statements of Changes, which are laid before Parliament but do not require full legislative approval to come into force.

 

Do all immigration decisions follow the same criteria?

While many routes have set criteria, some decisions involve discretion or subjective assessment, such as good character evaluations or exceptional circumstances. Legal advice is often useful in these cases.

 

Section O: Glossary

 

 

Term	Definition
Immigration Rules	A set of rules published by the UK Home Office that govern the conditions under which people can enter and remain in the UK.
Points-Based System	The UK’s framework for assessing visa applicants based on skills, salary, qualifications, and other criteria.
Statement of Changes	A formal update to the Immigration Rules laid before Parliament, setting out amendments to visa requirements or eligibility.
Leave to Remain	Permission granted to a person to stay in the UK, either temporarily or permanently.
Visa National	A person who must apply for a visa before travelling to the UK.
Non-Visa National	A person who may be able to visit the UK without a visa for certain short stays.
Settled Status	Indefinite leave to remain granted under the EU Settlement Scheme, allowing permanent residence in the UK.
Pre-Settled Status	Temporary leave to remain granted under the EU Settlement Scheme to those with less than five years’ residence.
eVisa	A digital immigration status record held online by the Home Office, gradually replacing physical visa documents.
Sponsor Licence	Permission granted to an organisation to sponsor foreign workers or students under certain immigration routes.
Skilled Worker Visa	A visa route for individuals with a job offer in the UK that meets specific skill and salary requirements.
EU Settlement Scheme (EUSS)	A post-Brexit scheme allowing eligible EEA and Swiss nationals to apply for permission to remain in the UK.
Appendix	A section of the Immigration Rules setting out detailed requirements for specific visa categories or criteria.
Home Office	The UK government department responsible for immigration, security and law and order.