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UK Policies on Illegal Immigrants

By: Louise Smith, barrister - Updated: 17 Jun 2018 | comments*Discuss
 
Immigration Illegal Uk Border Police

Previously, the UK’s coalition government consists of politicians from two different parties who had some divergent policies on illegal immigration. During the campaigning period leading up to the May 2010 General Election, immigration remained a contentious topic. Each of the three main political parties were repeatedly forced to address this issue, at a time when the UK was facing serious challenges such as recovery from a global recession and the ongoing active participation of British troops in foreign disputes.

In part the subject of immigration was forced onto the front pages by the policies of some small, far-right political parties who appeared to be gaining support from “ordinary voters” because of their purportedly pro-British, and therefore anti-immigration, stance. Arguably, the main parties gave greater prominence to the immigration issue in their campaigns in an attempt to avoid losing votes. In a messy election, in which no one party emerged as the clear winner, one thing was clear – these divisive, minority parties got nowhere in the vote.

Critics of the UK’s previous government had repeatedly accused them of failings in the way they dealt with illegal immigrants. Not only was it deemed too easy for illegal immigrants to get into the UK but it seemed as if very little was done to get them out of the country once they were found to be here illegally.

Conservative Pre-Election Policies on Illegal Immigration

The campaign literature put out by the Conservative Party in the run-up to the election made clear that this was a party which would be tough on illegal immigration. The UK’s borders were said to be too easy to penetrate. The Conservatives promised to “crack down” on the problem and to set up a Border Police Force to target illegal immigration and trafficking offences. By also proposing tougher rules on legitimate immigration, the Conservatives were sending out a clear message. Voters who cared about violations of the UK’s borders and unchecked immigration did not have to vote for an extremist party to have their concerns addressed.

Liberal Democrat Pre-Election Policies on Illegal Immigration

The Liberal Democrat’s pre-election manifesto blamed previous Conservative and Labour governments for the immigration-related problems faced by the UK today. In particular, they identified the abolition of exit checks on people leaving the UK as contributing to the difficulty in monitoring the number of illegal immigrants in the country. Whilst emphasising the desire for a fair and liberal immigration system, the Liberal Democrats stated that immigration laws had to be properly enforced for this to be possible. They proposed the re-introduction of entry and exit checks on those moving across the UK’s borders and the introduction of a National Border Force to police immigration laws.

Uniquely amongst the main political parties, the Liberal Democrats had advocated a partial amnesty on illegal immigrants already in the UK. They wanted a system which allowed some illegal immigrants already in the country to become legal, to pay taxes and even to become British citizens.

UK Government’s Policies on Illegal Immigration

When the UK coalition government finally announced its immigration policies in May 2010 it appeared that the Liberal Democrat’s proposed amnesty on illegal immigrants had been completely dropped from the government’s programme. This is, perhaps, unsurprising since the policy was completely at odds with the Conservative Party’s manifesto. Although the Conservatives are now in government, policies for the moment will remain the same.

The introduction of a new Border Police Force to target illegal immigration - as well as the trafficking of people, drugs and weapons - has been confirmed as a policy of the government. The government also intends to enhance current systems for the collaboration between local police forces in relation to illegal immigration and border offences. The re-introduction of exit checks has also been confirmed. More generalised policies to make the immigration system less open to abuse and to make the asylum system more efficient can also be seen as being aimed at the problem of illegal immigration in the UK.

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[Add a Comment]
@Jerome - for an EEA family permit to be valid, the non EU family member must live in the UK WITH the EU citizen. Because you left the UK, your non EU stepson is living in the UK illegally and any application that he makes for Permanent Residency will be refused
TJ. - 17-Jun-18 @ 4:07 AM
Good evening. I'm an European National and I came to the UK in 2009 to work in Financial Markets. I brought my non EU wife and double nationality(EU/non-EU) son and non EU stepson (01-07-1994) who where legally granted an EEA family permit by the Home Office. Dec 2012 I had to move back to the EU. For a couple of reasons I was not able to bring my stepson as he was into education and started to have his social life in the UK. So by the end of 2012 (his age then 18,5) I left him in the UK and since he's fully integrated, speaks and understand fluent English and has build up his life over there. Now its 2018 and he and I still don't know his rights and what he can do to get legal ILR. So this August he stays in the UK for 9 years. He has a bank account and NI number as well.... Please advise what he should do.
Jerome - 16-Jun-18 @ 7:47 PM
I was a student then overstayed my visa. Then I filed an application in homeoffice under article 8 case which went on fighting in court for 8 years. I eventually got my stay to remain in UK after 8 years pending case. Were those past 8 years counted 'valid'? Can I apply for ILR after 2 years, considering those past 8 years as 'legal' stay? Does that make up a valid 10 year stay to apply for ILR?
Azee - 16-Jun-18 @ 3:40 PM
Hi come in 2002 I’m claim for asylumthan 2010 legacy case apply. No ans any thing I’m wait too long !
Nicku - 14-Jun-18 @ 12:36 PM
Hi my name is Sunny I came here in 2007 as I didn’t got any decision , what should I do
Sunny - 31-May-18 @ 11:27 PM
@Zaby - I think it is immediate deportation.
BNJ - 31-May-18 @ 3:17 PM
anne - Your Question:
Hi, iam mother of two kids,we are innocent,and be illegal By husband he want to stay here.but already 6 years we are here my kids adopted to country they do know any language except English. I don't what to do.please suggesting me.thank u

Our Response:
The current policy for illegal immigrants is automatic deportation. You can get immigration advice if you need help with getting permission to stay in the UK, please see link here. However, any advice will cost.
AboutImmigration - 31-May-18 @ 12:17 PM
hello everyone. i would like to ask some question guys. if illegal immirgrant caught by police working illegal on expire visit visa of 4 years what punishment will be given? they will deport him after spending six months jail ?
Zaby - 31-May-18 @ 12:02 AM
Hi, iam mother of two kids,we are innocent,and be illegal By husband he want tostay here.but already 6 years we are here my kids adopted to country they do know any language except English. I don't what to do.please suggesting me.thank u
anne - 30-May-18 @ 3:40 PM
Harry - Your Question:
I was an overstayer in uk by the year of 2016. So I caught by home office and meant leave the country as soon as possible. So after 1 year time, 2016 April, I booked my own ticket and went back home. Still my passport is ok. There is no banned seal or any thing. If some one sponcer me for a job, is it possible me to go there again as I dont know about my banned time

Our Response:
It is likely you will face a five year re-entry ban.
AboutImmigration - 24-May-18 @ 12:47 PM
Hi, I came to UK in Jan 2017 as a student. and had further2 extension on Study Visa. I qualified as an accountant. In 2013 my visa extension got rejected due to missing English language certificate and then appeals were rejected too as judge said my studies were almost finished. Since then i have made further representations and applied for JR. HO asked me to withdraw Judicial Review (JR) so that they will reconsider my case. I withdrew from JR but HO refused to grant leave again. This happened in 2016. Since then i have not made any application. Recently i got married (islamic marriage as its not registered yet) 2 months ago and partner has just become pregnant. We are living at the same address. My partner is a part time dental nurse. Please advise what should i do? can i legalise my stay within UK or do i have to go back and apply for spouse visa? Thanks
Hass - 23-May-18 @ 3:30 PM
I was an overstayer in uk by the year of 2016. So I caught by home office and meant leave the country as soon as possible. So after 1 year time, 2016 April, i booked my own ticket and went back home. Still my passport is ok. There is no banned seal or any thing. If some one sponcer me for a job, is it possible me to go there again as i dont know about my banned time
Harry - 22-May-18 @ 4:00 PM
Life - Your Question:
If me and my spouse living in uk become separate, how long do I have before I will be deported.

Our Response:
We cannot tell you this information, it would be up to the Home Office to decide.
AboutImmigration - 18-May-18 @ 3:42 PM
If me and my spouse living in uk become separate, how long do I have before I will be deported.
Life - 16-May-18 @ 10:38 PM
Hi been here for 18 years and be over and I've got two kids here and they still not go status what should I do any advice thank you
tani - 7-May-18 @ 12:23 PM
I livingin the UK for 18th yearI one child born in the UK I sort out me and my child document my son is 7 year old now and him don't have a passport
Kay - 3-May-18 @ 9:23 PM
@xyz - the problem lies if you an overstayer and didn't do anything about it. The Home Office directly deport overstayers no matter how long they have been in the country :(
Khan - 1-May-18 @ 12:04 PM
Lots of stories that makes me sad. Here is mine. 1) I was born in a remote part of a third world country and left when I was 7 to live with my father who was serving in foreign country. I lived, studied and worked there for 17 years and never went back to my native country in that period. 2) In 2005, I came to the UK to further my study and have since then lived here. I applied for Dicrectionary Leave to leave to remain because all my family members are spread in many countries- my sister is in South East Asia, my parents are also there, my brother is serving in the British Army and all my other family members have migrated to other countires. 3)In total, I have lived out of my native country for total of 30 (I am 37 years old at the moment) years now. I do not speak my native language well, cannot read or write and have no relative or house to live in.Home Office thinks that I can go back to my native country and live there without any problem.
xyz - 30-Apr-18 @ 12:24 PM
Hi ...I listen from someone.. if any illegal living in uk more then 10 years ..this government will give them permanent resident ..any updates about this ? Please answer thanks
Aman - 29-Apr-18 @ 4:08 PM
I have in uk for a total of 18 years. My first 10 years, I was legal on student visa that was from year 2000 to 2010. And from 2010 to 2018I became illigal immigrant. I want you to advise me on what to do. Or if I have any chance to apply for stay after Bern in uk for 18 years. Thanks
Ben - 29-Apr-18 @ 12:09 AM
Dee - Your Question:
My boyfriend has been in this country illegally for 13 years and I would like to know what he should do. He cannot go home and he has no longer a connection there there is no family he has been ostracised. I am british and we would like to be together. I have a son who is british and therefore cannot leave this country. Where can we go for help please? Thank you.

Our Response:
The Home Office won't see this and will just see that he has been in the country illegally and therefore would be subject to automatic deportation if discovered. His only recourse is to leave the country and apply for a visa to return. If your boyfriend needs further advice, then he should consult a professional immigration adviser, please see link here .
AboutImmigration - 19-Apr-18 @ 10:32 AM
My boyfriend has been in this country illegally for 13 years and I would like to know what he should do.He cannot go home and he has no longer a connection there there is no family he has been ostracised.I am british and we would like to be together.I have a son who is british and therefore cannot leave this country.Where can we go for help please?Thank you.
Dee - 18-Apr-18 @ 11:33 AM
Hi ima single mother and i been granted leave to remain. Can i apply for british passport for my 1 year son? I ve been advised by two solicitors that my child has right to have british passport as i got settlement visa. Please your advice means lot to me. I wish you all the success for helping people online free of cost.
Anushaa - 12-Apr-18 @ 8:37 PM
I have a question ... I am a rapist in the war and came for a visit here in UK, as I was in my decision every day of trauma pain that the place where I lived reminded me of every moment and when I came here for a month I felt that the rebirth of I forgot the rape and I decided to get rid of illegal anybody has a response to me please if I have any chance to live freely in that place?
MuM - 12-Apr-18 @ 12:31 AM
I think there in no worth in the system of uk that if a person os true and geniune they are treating him like a nuts but those people who are claming benefits and got ilr after lying , they are their heors . I m living in this country since 15 years without any criminal record and still i m fighting my case of ilr . What a crap system !
Rahat - 9-Apr-18 @ 7:29 AM
I am last 14 years live in the UK last 5 years i am legal eea resident card now I am illegally how can halp me
Hazi abdul ahad - 9-Apr-18 @ 6:41 AM
Hi , I am a british national , got an enquiry about my aunty and his son who is are in uk . The son has been in uk for 9 years on a work permit and will be getting his ILR next year and my aunty has been in uk with no right to stay for 8 n half years now , she has been here as she was didnot have a good relationship with her partner back home . so my query is that is there any she can legalise her stay in uk ?
sam - 3-Apr-18 @ 2:37 PM
@Kaisey - Has your father tried to apply for asylum? If he has and his applications have been refused, he should leave the country as soon as possible.
TJ. - 1-Apr-18 @ 5:06 PM
My father left his country in 2005 because his life was in danger, and fled to U.K. Some private company took him there, but left him with no passport. He's been living there for 12 years now. He was detained several times, but nothing was done. Last week he's been detained again and as of now, he's in custody. If he comes back to his country, his life will be in danger again. What are his options? Can he apply for citizenship? If so, then how?
Kaisey - 1-Apr-18 @ 3:30 PM
@Hussain - Your best optionn is to leave the country as soon as possible at your own expense, wait for two years and then reapply to join your family legally. If you are detained and deported you will face an automatic 10 year ban from returning to the UK.
TJ. - 29-Mar-18 @ 12:33 PM
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