UK immigration authorities and sources of immigration law

This topic looks at the legal framework that underpins UK immigration control and the government department that manages it.

Home Office

The Home Office is responsible for all aspects of control of the UK border and of the entry and stay of foreign nationals who require leave (permission) to enter and remain in the UK.

Any decision to grant or refuse leave to enter, entry clearance or leave to remain is made by the Home Office on behalf of the Secretary of State for the Home Department (SSHD). The Home Office also considers applications for British citizenship. Passport applications are handled by a separate part of the Home Office, His Majesty's Passport Office.

The immigration control work of the Home Office is split into three areas:

  1. UK Border Force—which manages applications for leave to enter at the border and customs functions

  2. UK Visas and Immigration—which deals with applications for entry clearance and leave to remain, asylum applications, appeals and sponsor management for the Worker, Temporary Worker and Student immigration routes

  3. Immigration Enforcement—which is responsible for investigating immigration offences, detention, administrative removal

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Immigration News

Home Office clarifies guidance on ETA rules for dual citizens

On 29 May 2025 the Home Office published guidance covering how the Electronic Travel Authorisation (ETA) scheme will apply for persons who are dual citizens of the UK/Ireland and countries whose nationals require an ETA to visit the UK (if they do not otherwise hold a UK visa). The guidance notes that such persons are not eligible for an ETA. Instead, these individuals must prove their right to travel to the UK by presenting a valid British or Irish passport, or another valid passport that contains a certificate of entitlement to the right of abode. However, it goes on to state that ‘currently’, British dual citizens who do not have a valid British passport but hold a valid passport from ETA-required countries will continue to be allowed to enter the UK on their non-British passport without an ETA.  In an email to stakeholders dated 30 June 2025, the Home Office has confirmed that this is a ‘temporary measure’ during the current ‘transition period’. This means that ‘prior to full enforcement’ of the ETA scheme, it does not expect carriers to deny boarding to dual British or Irish citizens who are travelling only on their non-British/Irish document or without a certificate of entitlement. However, such persons will need to ensure that they make the necessary arrangements prior to the end of this transition period. Presumably this refers to the point that the Home Office brings into force section 76 of the Nationality and Borders Act 2022, which extends carriers liability penalties where a person does not have an ETA but requires one.

View Immigration by content type :

Popular documents