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 Notes: Illegal working—civil and criminal sanctions and Illegal working: dealing with a criminal allegation. 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: • Immigration Act 1971 (IA 1971) • Asylum and Immigration Act 1996 (AIA 1996) • Immigration and Asylum Act 1999 (IAA 1999) • Nationality, Immigration and Asylum Act 2002 (NIAA 2002) • Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (AI(TCE)A 2004) • Immigration, Asylum and Nationality Act 2006 (IANA 2006) • UK Borders Act 2007 (UKBA 2007) • Immigration Act 2014 (IA 2014) • Immigration

Criminal offences relating to breaches of immigration controls by persons subject to immigration control and by persons assisting them in so doing.

Officers appointed by the Secretary of State under the Immigration Act 1971, Sch 2, para 1 to assist in the administration of immigration control.

This Practice Note addresses frequently asked questions (FAQs) around immigration options for persons wishing to set up a business in the UK. UK business immigration has become progressively more restrictive in recent years. The closure of legacy routes, most notably Tier 1 (Entrepreneur), Tier 1 (Investor) and the Start-up route, has removed the pathways that were specifically designed to enable entrepreneurs and investors to relocate to the UK. In their place, the Home Office has introduced newer categories, including Innovator Founder, which can be more rigorous and evidence-heavy. There is a clear trend in Home Office policy and decision making as regards business owners and entrepreneurs. Applicants are increasingly expected to show that the business is already established, or that there is a realistic and credible business model which will ensure that the business is ready to trade in due course. In practice, it is now significantly harder to secure UK immigration permission based solely on an intention to set up a business in the UK.

Law360: The government's proposals to overhaul the UK immigration system, which it set out on 12 May 2025, are poorly targeted and will make it harder and more expensive for organisations to employ foreign nationals, lawyers say.

Background In December 2015, the Migration Advisory Committee (MAC), an independent non-departmental public body which provides advice to the government on immigration matters, published a full review on Tier 2 policy. At that time, Tier 2 covered skilled worker routes. One of the MAC's recommendations was that an Immigration Skills Charge (ISC) would incentivise UK employers to 'reduce their reliance' on employing migrant workers and to invest in training and upskilling UK workers. The MAC was responding to a specific request from the government when considering the issue, and there was already provision for an ISC made in the Immigration Bill then before Parliament which became the Immigration Act 2016 (IA 2016). The MAC proposed that the ISC would be applicable to all sponsor employers recruiting across all Tier 2 (General) and (Intra-Company Transfer) (ICT) routes, with the only exemptions being where persons are sponsored in the Graduate Trainee and (then still open) Skills Transfer sub-categories of Tier 2 (ICT). On 24 March 2016, the government responded to the MAC review, and accepted the majority of the MAC's recommendations.

Welcome to the 1 August 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Welcome to the 1 February 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Welcome to the 1 May 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Welcome to the 1 October 2026 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Welcome to the 10 April 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Welcome to the 10 July 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.