person holding black and yellow book

Passport Control and Penalties

Understand the implications of UK passport control or no passport control over the last few years

This Act uses the Term Illegal not irregular which the Home Office have adopted. So if anybody says that term is wrong the term Illegal is correct.

Whatever you may think about the previous Government they put in place the legislation to tackle the problem of Illegal Migration. Rwanda was a solution to 'getting' around the ECHR. Labour opposed Rwanda (and repealed that Legislation as quick as they could in July 2024) just as previously the Civil Service took the previous Goverment to Court and delayed Rwanda.(SEE BELOW)

The Illegal Migration Act changes the law so that those who arrive in the UK illegally will not be able to stay here and will instead be detained and then promptly removed, either to their home country or a safe third country. (It is what most people think and want). But it's not being implemented. Instead of trying to be a world leader in NET 0 be a world leader on Illegal Immigration. We won't be. We will be a foot note in history as an example of what not to do! THE ECHR IS TO BLAME and the EU now realises that fact as well.

The act aims to:

  • put a stop to illegal migration into the UK by removing the incentive to make dangerous small boat crossings

  • speed up the removal of those with no right to be here - in turn this will free up capacity so that the UK can better support those in genuine need of asylum through safe and legal routes

  • prevent people who come to the UK through illegal and dangerous journeys from misusing modern slavery safeguards to block their removal

  • ensure that the UK continues to support those in genuine need by committing to resettle a specific number of the most vulnerable refugees in the UK every year.

    The legislation exists but it not used. This combined with Rwanda would have dealt with the problem.

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Illegal Migration Act 2023

YOU COULD SAY THE GOVERNMENT IS BREAKING THE LAW IN NOT APPLYING THIS ACT

The Law is in Place but it's not being applied

What is the penalty for illegally entering the UK?

A person who commits this offence, on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (£400), or both. On summary conviction in Scotland, that person is liable to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.Jun 17, 2025

Will the UK deport you if you enter illegally?

If an unauthorised migrant is found by the authorities, they risk being detained and removed. People who have lived in the UK for a continuous period of 20 years, including periods of unlawful residence, can apply to remain in the UK and hence regularise their status (before July 2012, this period was 14 years).Jan 21, 2025

Overview of UK Re-Entry Bans

These bans are primarily based on the severity of the violation, ranging from overstaying visas to entering the UK illegally or using deception in immigration applications. The Home Office enforces these bans under immigration laws and regulations.Sep 16, 2024

What is the penalty for overstaying in the UK?

Overstaying is a criminal offence under UK immigration law and can lead to detention, fines, and a re-entry ban of up to 10 years.Aug 4, 2025

The Home Office have established guidelines denying British Citizenship to refugees who arrived in the UK illegally. The policy makes adjustments to the “good character requirement” for naturalisation. It deems those who arrive illegally via “dangerous journeys”are ineligible for UK citizenship. Reality check. It's no good if it's not applied.

Most exerts have been taken off the Home Office Web site.There are links if you want search further into the subject or see a solicitor.

As far as I can see there is no need to put any Illegal Immigrants in 4* Hotels in the middle of communities or let them walk amongst us. The international obligations adhering to a convention that is from 1951(almost 75 years ago) with modern travel is outdated. The next nearest country principle has long gone. It needs changing. It is the migrant's choice to pick and choose which country he or she resides in not the host Country. I'm pretty sure that will be impossible. These days there is no intention of returning home.They might but only if it's a holiday. For some their allegiance is not to the UK but the country they came from.

The Cabinet Office, part of the UK government, was challenged in court by a group of Civil Servants over the Rwanda Asylum plan in 2024. (see 2022)

This judicial review was based on claims that the Safety of Rwanda (Asylum and Immigration) Act could force civil servants to breach international law by making them treat Rwanda as a safe country.

However, a High Court judge ruled in favor of the government, finding the civil service guidance lawful and rejecting the challenge.

The UK High Court Judicial Review of the UK government's Rwanda asylum policy took place in September and October 2022, with the judgment published on December 19, 2022. Following this, a subsequent Court of Appeal case in April 2023, which was a significant part of the ongoing legal challenges, lasted for four days.

The First Division Association (FDA), a union for civil servants, that brought the legal challenge. The FDA's legal challenge was dismissed by the High Court, but it highlighted concerns that the scheme would force civil servants to break the law by potentially disregarding rulings from the European Court of Human Rights (ECHR). The plan was eventually delayed or abandoned due to these legal questions and the election of Sir Keir Starmer as Prime Minister, who pledged to scrap the plan. Which he did.

This is one of the main reasons we have the problems we have with Illegal immigration. Since Scrapping Rwanda Illegal crossing have increased at an alarming pace. I don't believe this Government will take the illegal Hotel/Hostel Loss as an opportunity. They will exacerbate the problem via dispersal

UPDATE Illegal Migration Act 2023

The Illegal Migration Act 2023 has not been repealed, but significant portions have been suspended or amended, with a new Border Security, Asylum and Immigration Bill aiming to repeal most of the Act. The ban on processing asylum claims made after July 20, 2023, has been lifted, and a new Bill intends to repeal the Act's provisions entirely.

Key Developments:

  • Illegal Migration Act 2023 (Amendment) Regulations 2024:

    These regulations lifted the ban on processing asylum claims for those who arrived in the UK after July 20, 2023, and amended Section 2 of the Act to make its removal duty effective only from when the section comes into force, rather than retroactively.

  • Border Security, Asylum and Immigration Bill:

    This proposed legislation, introduced in early 2025, aims to repeal most of the Illegal Migration Act 2023. It also repeals the separate Safety of Rwanda (Asylum and Immigration) Act 2024.

  • Unenforced Provisions:

    Many key provisions of the Illegal Migration Act 2023 have not been fully implemented or enforced, with some sections never coming into force.

  • Legal Challenges:

    The Act has faced legal challenges, with the Supreme Court ruling the related Rwanda policy unlawful and a court in Northern Ireland finding that certain provisions breach the Windsor Framework.