UK immigration enforcement facts for kids

The United Kingdom has rules about who can enter and stay in the country. The UK Immigration Service's enforcement team helps make sure these rules are followed. This team started growing in the 1970s. They help the police deal with people from other countries who might have broken immigration rules or committed crimes in the UK. You can learn more about the history of these rules at UK immigration control - history.

Most people asked to leave the UK are not criminals. Instead, they are people who have broken immigration rules. For example, they might have stayed longer than their visa allowed. Or they might have entered the country without permission. These people are usually asked to leave through a process called administrative removal. This is different from deportation. If someone is removed, they might be able to apply to return to the UK later. However, new rules from 2008 mean they might have to wait 1, 5, or 10 years. The waiting time depends on if they left by choice or were removed.

Understanding UK Immigration Rules

This section explains different ways people might break immigration rules. It also covers what happens when they do.

What is Deportation?

Deportation is when someone is officially made to leave the UK. This usually happens if they have committed a serious crime. It can also happen if their presence is seen as harmful to the public good. The Secretary of State, a senior government official, can issue a deportation order. This order means a person must leave the UK. It also stops them from coming back unless the order is cancelled. A deportation order does not have an end date. If someone tries to re-enter the UK while a deportation order is active, they are considered to have entered illegally.

Deportation orders used to be signed by the Home Secretary. Now, they are usually signed by other senior officials. These orders prevent someone from returning to the UK for a certain time. The length of time depends on how serious the offence was.

The UK Borders Act 2007 says that a deportation order must be made for people who are not British citizens. This applies if they have been found guilty of an offence in the UK and sentenced to:

• at least 12 months in prison; or
• any prison time for a very serious offence.

There are some exceptions to this rule. For example, if someone asks for Asylum or human rights protection. Also, if the person was under 18 when they committed the offence. Citizens of European Economic Area (EEA) countries or their close family members are also usually exempt.

What is Illegal Entry?

Illegal entry means someone has come into the UK without following the proper rules. There are a few ways this can happen:

• Hidden Entry: This is when someone enters the country secretly. For example, they might hide in a vehicle to avoid border checks. They usually won't have any proof of how they entered the UK.
• Entry by Deception: This happens when someone uses false information to get permission to enter or stay. This could be by lying verbally or by using fake documents. It's against the law to try to get into the UK this way. Even if a person didn't know someone else used deception to help them enter, they can still be seen as an illegal entrant. For example, if someone says they are visiting but secretly plans to ask for asylum, they are considered to have entered by deception. This is because the immigration officer would not have let them in as a visitor if they knew the truth.
• Crew Members Who Leave Their Ship: Crew members on ships or planes have different immigration rules. Sometimes, a crew member might leave their ship without permission when it docks in the UK. They might not have a passport but a special document called a Seaman's Book.

People who try to avoid checks at ports are also technically illegal entrants. Also, if someone returns to the UK when they have a deportation order against them, they are treated as an illegal entrant.

In the late 1970s and early 1980s, courts helped clarify what illegal entry meant. The definition grew to include entering by deception. One important case, the Zamir judgement, said that people applying to come to the UK had a "duty of candour." This means they must tell the truth about anything important for their stay. Later, in 1983, the Khawaja judgement helped set a clear definition for illegal entry by deception.

Another case, Norman (1985), confirmed that if someone said they were a visitor but really wanted to claim asylum, they were an illegal entrant. This is because the immigration officer would not have allowed them to enter as a visitor if they knew their true intentions.

What is Overstaying?

Overstayers are people who stay in the UK longer than the time they were allowed. If they are found, they are asked to leave using administrative powers.

Before the late 1990s, dealing with overstayers was a long process. It involved sending a written request to the Home Secretary for each case. In the past, there were attempts to take overstayers to court. However, this was expensive and didn't seem to stop others from overstaying. It also made people's departure even slower.

Before 1998, the system for finding overstayers used "landing cards." These cards were filled out by people arriving from other countries (not EU citizens). A small number of these cards were checked against "embarkation cards" when people left. If a landing card didn't have a matching embarkation card, it was thought the person might not have left. However, this system wasn't always accurate. Embarkation controls ended in 1998 to save money.

Today, overstayers are often found during other investigations. Or they might be found when police are checking the nationality of people they have arrested. Helping the police find out someone's nationality is a big part of immigration enforcement work.

See also

• List of countries that regulate the immigration of felons