Sources of immigration law
Sources of immigration law

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Sources of immigration law
  • The importance of primary sources of the law
  • Hierarchy of the sources of law
  • Statutes
  • Immigration Act 1971
  • British Nationality Act 1981
  • Asylum and Immigration Act 1996
  • Immigration and Asylum Act 1999
  • Nationality, Immigration and Asylum Act 2002
  • Asylum and Immigration (Treatment of Claimants, etc) Act 2004
  • 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?

There are multiple sources of immigration law. In addition to 16 or so statutes and the ever-changing Immigration Rules, there is a huge number of statutory instruments, procedural rules and regulations, instructions and guidance issued by the Home Office plus a large volume of case law that, together with relevant European and international law, make up the body of immigration law.

The importance of primary sources of the law

Although the GOV.UK website is a major source of information on immigration policy and law, Home Office policy instructions and guidance should not be relied on alone as an accurate statement of the law. Further, given how easily and frequently changes are made to the Immigration Rules and how provisions in statutes are often fleshed out in secondary legislation, it is vital that primary sources of law are consulted.

Hierarchy of the sources of law


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