UK immigration authorities and sources of immigration law

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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

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Latest Immigration News

UKICE blog asserts that Reform UK’s ILR abolition proposal faces public opposition

UK in a Changing Europe (UKICE) has published a blog by Rob Ford, Senior Fellow, UKICE and Professor of Politics,  University of Manchester arguing that Reform UK’s proposal to abolish indefinite leave to remain (ILR) and require migrants to reapply for visas every five years runs contrary to public opinion and risks a public outcry.  The blog explains that ILR is generally obtained after years of work or family sponsorship, at which point migrants gain the same rights to welfare benefits as UK citizens rights, and it is these rights Reform UK seeks to restrict. The blog asserts that Reform UK’s proposed exclusion of migrants from ILR and welfare benefits would be an unpopular policy. In support of this, Ford points to NatCen panel data from early 2024 which found that 84% of respondents supported giving tax-paying migrants equal welfare access within five years, with 65% favouring an even shorter three-year period and only 3% supporting permanent exclusion. The blog also highlights a survey by British Social Attitudes which compares 2013 and 2024 views on qualification periods for welfare access. The survey results show an increase in support of a qualification period of five years or less for migrants from 82% in 2013 to 84% in 2024.  The data provided, Ford argues, shows that despite over a decade of campaigning for a stricter migration policy, public opinion on access to welfare benefits for settled migrants remains consistent. Ford notes that while no polling exists on revoking rights already granted, Reform UK’s proposal to end ILR and revoke the welfare and security rights of settled migrants would likely be even more unpopular. Ford concludes that public opinion consistently values migrants’ economic contributions and supports fair access once settlement conditions are met.

The new digital ID scheme

Immigration analysis: The Prime Minister has announced the introduction of a digital identity scheme to be rolled out across the UK. Framed as both an immigration control measure and an administrative reform, the Prime Minister stated that the new system will underpin right to work checks and deliver more efficient access to public services, while simultaneously curbing opportunities for those present in the country unlawfully to enter the labour market. However, critics note that there is already a stringent right to work regime in place, which was recently made digital for overseas nationals, and raise other concerns, eg relating to digital literacy, privacy, function overreach and risk of hacking.

Public First report warns that levy on international student fees could reduce university enrolments and income

Public First has published a report following the Home Office’s May 2025 Immigration White Paper which proposed introducing a 6% flat levy on all international fee income to be reinvested into the higher education and skills system. The white paper estimated the impact of this price rise using London Economics estimate of price elasticity of demand from 2021, assuming non-EU students in 2025 have the same price sensitivity as EU students in 2021. Public First’s report extends and updates this modelling and provides updated assessments as of 2025, focusing on non-EU student demand, who now represent 90% of international enrolments, and provides a more accurate assessment of the likely consequences.

Elliott and Murray defend classical administrative law

The Public Law for Everyone blog, written by Mark Elliott, Professor of Public Law at the University of Cambridge, has published a blog by Professor Elliott, which summarises a recent paper he co-authored with Dr. Philip Murray.which This sets out a defence of the ‘classical account’ of administrative law, which holds that unlawful administrative acts are void from the outset (void ab intio) rather than merely voidable until struck down by a court. Although this issue seems technical in appearance, the authors argue that it goes to the heart of constitutional principle, since treating unlawful acts as valid until quashed undermines the rule of law by granting temporary legitimacy to exercises of state power without legal authority.

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