Introducing Immigration Law

Immigration law is a complex and dynamic field that governs the entry, stay, and removal of non-citizens from a country. It encompasses a wide range of issues, from family reunification and employment-based immigration to refugee protection and deportation. Understanding immigration law requires not only a grasp of the legal statutes and procedures but also an appreciation of the historical context and contemporary debates that shape these laws. This introduction aims to provide a comprehensive overview of immigration law, exploring its purpose, key legislation, and the processes that immigrants navigate as they seek to build new lives in foreign lands.

In the United Kingdom, immigration law is divided into several key areas. Here's an overview of the main divisions:

• Entry Clearance: Visas and permits, points-based system. Entry clearance includes the different types of visas that are available for those seeking to enter the UK, including tourist visas, student visas, work visas, and family visas. There are certain types of visas that operate in a Points-Based System (PBS), including categories such as Skilled Worker, Global Talent, and Student visas.
  

• Residence and Stay: Leave to remain (settlement), family reunification. Temporary leave to remain (LTR) allows individuals to stay in the UK for a limited period of time, such as a student visa. Indefinite leave to remain (ILR) allows for permanent residency. Family visas enable spouses, partners, children, and other close relatives of UK residents or citizens to join them in the UK.

• Asylum and Refugee Protection: Asylum seekers, humanitarian protection.   Asylum seekers are individuals seeking protection from persecution. Successful applicants are granted refugee status. Humanitarian protection is available for those who do not qualify as refugees, under the law, but still need protection.

• EEA and Swiss Nationals: Rights and post-Brexit adjustments. Before Brexit, EEA and Swiss nationals had specific rights to live and work in the UK under EU law. Post Brexit, the UK has implemented the EU Settlement Scheme for EEA and Swiss nationals who were resident in the UK by 31 December 2020, allowing them to apply for settled or pre-settled status.

• Deportation and Removal: Administrative removal, deportation orders. Administrative Removal are procedures for removing individuals who do not have permission to stay in the UK. Deportation Orders are legal orders for the removal of individuals deemed to be in violation of immigration laws or those posing a threat to public safety.

• Citizenship and Naturalisation: Pathways to citizenship, naturalisation requirements. Pathways to British citizenship include birth, descent, registration, and naturalisation. Naturalisation Requirements include residency requirements, good character, knowledge of the English language, and knowledge of life in the UK.

• Immigration Control and Enforcement: UKVI, Border Force. UK Visas and Immigration (UKVI) is a division of the Home Office responsible for managing visa applications, asylum claims, and immigration enforcement. Border Force is a law enforcement command within the Home Office responsible for immigration and customs control at ports of entry.

• Legal Framework: Key legislation, Home Office guidance. The legal framework includes Immigration Acts. Key legislation includes the Immigration Act 1971, the Immigration and Asylum Act 1999, the Nationality, Immigration and Asylum Act 2002, the Immigration Act 2014, and the Immigration Act 2016. In addition to the Home Office Guidance, where the Home Office provides detailed guidance on immigration rules and procedures, which are regularly updated.

• Appeals and Judicial Review: Tribunals, judicial review process. First-tier Tribunal (Immigration and Asylum Chamber) handles appeals against Home Office immigration and asylum decisions. Upper Tribunal deals with appeals from the First-tier Tribunal. A Judicial Review is a legal process for challenging the lawfulness of decisions made by public bodies, including immigration authorities.

This is the starting point to grasp the complexities of UK immigration law and the various pathways and procedures involved in entering, staying, and becoming a resident or citizen of the UK.