Immigration offences
Produced in partnership with Daniel Bunting of 2 Dr. Johnson's Buildings
Immigration offences

The following Immigration practice note produced in partnership with Daniel Bunting of 2 Dr. Johnson's Buildings provides comprehensive and up to date legal information covering:

  • Immigration offences
  • Sources of law relevant to immigration offences
  • Conditional cautions—important note
  • Illegal entry
  • Using deception to enter or remain
  • Facilitating unlawful immigration
  • Assisting an asylum seeker to enter the UK
  • Assisting entry to the UK in breach of a deportation or exclusion order
  • Trafficking offences
  • Slavery, servitude and forced or compulsory labour
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

Immigration offences are matters that are dealt with under the criminal law. They are distinct from civil penalties which, in the context of immigration, are monetary penalties levied by the Home Office when enforcing laws or regulations.

This Practice Note covers some of the main categories of immigration offence.

For information on offences relating to illegal working, see Practice Note: Illegal workers—civil and criminal sanctions.

Sources of law relevant to immigration offences

There are many immigration-related offences on the statute books. Most of them are contained in the main immigration acts, including the following:

  1. Immigration Act 1971 (IA 1971)

  2. Asylum and Immigration Act 1996 (AIA 1996)

  3. Immigration and Asylum Act 1999 (IAA 1999)

  4. Nationality, Immigration and Asylum Act 2002 (NIAA 2002)

  5. Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (AI(TCE)A 2004)

  6. Immigration, Asylum and Nationality Act 2006 (IANA 2006)

  7. UK Borders Act 2007 (UKBA

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