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UK Policies on Illegal Immigrants

By: Louise Smith, barrister - Updated: 4 Dec 2017 | 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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Anrol - Your Question:
I have a friend who has been in the UK since 1968, aged 10. She came here from the Caribbean and has never been back. She has lived here for over 50 years, worked and paid her taxes and is a good citizen. She has a daughter and grandchild and is being threatened with deportation to a country she doesn't have any real ties to. She has lost her home because all benefits was withdrawn as a result of this miscarriage of justice. If the law states that anyone who arrived in the UK before 1971 can remain, why is she being subjected to such mistreatment? What can she do?

Our Response:
Her only recourse would be to seek advice from an independent immigration adviser, please see link here , who would look at her case in depth.
AboutImmigration - 5-Dec-17 @ 11:27 AM
@Anrol if your friend was resident in the UK on 1st January, 1973 and has never left the UK since then she probably has settled status. The tricky part for most people in this category is proof of their status as many have lost their records. She should gather whatever documentation she has that proves she was in the UK on that date and that she has never left including, school records, bank statements, tenancy agreements. She should then make a No Time Limit (NTL) application to the Home Office that will formalize her status.
TJ. - 4-Dec-17 @ 2:10 PM
I have a friend who has been in the UK since 1968, aged 10. She came here from the Caribbean and has never been back.She has lived here for over 50 years, worked and paid her taxes and is a good citizen.She has a daughter and grandchild and is being threatened with deportation to a country she doesn't have any real ties to. She has lost her home because all benefits was withdrawn as a result of this miscarriage of justice.If the law states that anyone who arrived in the UK before 1971 can remain, why is she being subjected to such mistreatment? What can she do?
Anrol - 4-Dec-17 @ 11:59 AM
Diabian79- Your Question:
I cam here by spouce visa 2008 I broke the immigration rules family visa cause I left my wife due some issue. Since 2009 to 2016 working full time job tax payer and I used to work cause I made seperate application to have visa 3 time which refused. Now I want to go 10 years plan. I have all documents show my first visa and my apucations made. Do you advise me to go ahead?

Our Response:
In such a case, it's advisable to speak with a professional immigration adviser, please see link here.
AboutImmigration - 21-Nov-17 @ 9:39 AM
I cam here by spouce visa 2008 i broke the immigration rules family visa cause i left my wife due some issue.. Since 2009 to 2016 working full time job tax payer and i used to work cause i made seperate application to have visa 3 time which refused.. Now i want to go 10 years plan... I have all documents show my first visa and my apucations made... Do you advise me to go ahead?
Diabian79 - 20-Nov-17 @ 12:36 PM
Sukhi - Your Question:
Hi, I came here in 2009 on student at age of 17. Then I stayed on student visa till 2014 now I am overstayer here. Because I came here under 18 on child visa is there any posibility I can apply for leave to remain. Thansk

Our Response:
If you have not kept to the terms of your visa, and knowingly stayed in the UK over 90 days after your visa expires, then you would face deportation regardless of your age.
AboutImmigration - 17-Nov-17 @ 11:59 AM
Hi, i came here in 2009 on student at age of 17. Then i stayed on student visa till 2014 now i am overstayer here. Because i came here under 18 on child visa is there any posibility i can apply for leave to remain. Thansk
Sukhi - 16-Nov-17 @ 3:39 AM
I'm a failed asylum seeker with a 3 year old who was born here. If I was to be sent back home I would have no where to go, I'm currently taking antidepressants which don't seem to be helping, I feel hopeless and suicidal. Are there any options for me? I'm a single mother whose child was born out of rape back home
Desperatemama24 - 8-Nov-17 @ 11:49 PM
shaf - Your Question:
My husband in UK since 2003he has severe head injury in 2012.now he is detention since 25august plz help me he is not mentally perfectca

Our Response:
Unfortunately, there is little we can do to help. You would have to speak to an independent immigration adviser if you need legal immigration help, please see link here. Or you would have to speak to the centre directly (which I'm sure you already have).
AboutImmigration - 23-Oct-17 @ 3:44 PM
@Prats - I think the Home Office stance is to deport illegal immigrants when and where it can.
USH - 23-Oct-17 @ 12:56 PM
Hello I find it really unethical that people stay in uk without going through any properprocess and some people will pretend to be affected by a mental illness. Because of these kinds of people, the laws are becoming more strict; innocent and honest people have to bear the cost. It's high time all the illegal immigrants are sacked out of UK. If you can stay in UK try other countries.
Prats - 22-Oct-17 @ 4:46 AM
My husband in UK since 2003he has severe head injury in 2012 .now he is detention since 25august plz help me he is not mentally perfectca
shaf - 21-Oct-17 @ 2:26 PM
Hawk - Your Question:
I'm overstayer from about 10 years now,I was student so I hv ni number as well for 20 hours but I used to pay tax of full time work until last year, now I'm nt paying bcz of change the job, my wife also overstateyer her visitor visa 3 years before any suggestion for us, thnks

Our Response:
If you are undocumented, then this guidance for how UK Visas and Immigration considers applications for further leave to remain made by applicants without valid leave, here .
AboutImmigration - 13-Oct-17 @ 12:48 PM
I'm overstayer from about 10 years now,I was student so I hv ni number as well for 20 hours but I used to pay tax of full time work until last year, now I'm nt paying bcz of change the job, my wife also overstateyer her visitor visa 3 years before any suggestion for us, thnks
Hawk - 12-Oct-17 @ 3:55 PM
Lizzy - Your Question:
Please can you reply to me pls I need ur help

Our Response:
If you are an undocumented person living in the UK, then your only option would be to seek independent immigration advice, please see link here. As a rule, undocumented persons are liable for automatic deportation by the Home Office. It means there is little we can do to advise.
AboutImmigration - 10-Oct-17 @ 12:18 PM
Please can you reply to me pls I need ur help
Lizzy - 9-Oct-17 @ 6:09 PM
Neel - Your Question:
Hey. I live in Uk from 2002! is any help from Humen Right to be Legal here ? I don't wane benefits I wane pay my taxe and I wane be freedom becouse is very hard to live life like this! Regards Thank you

Our Response:
Your only option is to seek an independent immigration adviser, please see link here .
AboutImmigration - 8-Sep-17 @ 11:59 AM
Hey. I live in Uk from 2002! is any help from Humen Right to be Legal here ? I don't wane benefits I wane pay my taxe and I wane be freedom becouse is very hard to live life like this! Regards Thank you
Neel - 7-Sep-17 @ 4:59 PM
Hi I have problem with visa extensioni have right with rules when i appliedbut home office keep saying wrong rules and refused too.i spent lots of money for visa application. NOW me and husband cant work our life is almost gone because staff who working there have no idea what they doing.
Mo - 2-Sep-17 @ 1:59 PM
Hi Please can you replying too me Pls
Me - 26-Aug-17 @ 7:19 PM
Hey. Pls what's the best way too go about this?
Me - 19-Aug-17 @ 8:51 PM
Hey. I live in Uk from 2002! is any help from Humen Right to be Legal here ? I don't wane benefits I wane pay my taxe and I wane be freedom becouse is very hard to live life like this! Regard Thankyou
Me - 16-Aug-17 @ 12:44 AM
I want declare someone is illegalwhat i have to do ? Call police or uk border agency ?
Kala - 12-Aug-17 @ 8:51 PM
Kye - Your Question:
My boyfriend is from Albania and has been here illegally for 2 years. I am British. We would like him to get his legal papers. Whats the best way to go about this?

Our Response:
It is Home Office policy that if an individual has overstayed their leave or permission to stay in the UK by more than 28 days any application for further leave will be automatically refused. Therefore, you would have to seek independent immigration advice, please see link here .
AboutImmigration - 4-Aug-17 @ 10:37 AM
My boyfriend is from Albania and has been here illegally for 2 years. I am British. We would like him to get his legal papers. Whats the best way to go about this?
Kye - 3-Aug-17 @ 2:39 PM
I m live in 6 years.my 2 sons born uk first 5 years old sacond 2 years old i m asylums seekers i m Pakistani
Ashi - 19-Jul-17 @ 9:01 AM
nadouche - Your Question:
Hi I 'am illegal immigrants for 6 years I have 2 kids born in UK from illegal dad he is been her 18 years my kids 5 years and 2 years what I need to do

Our Response:
You can see more via the CAB link here which will help answer your question.
AboutImmigration - 17-Jul-17 @ 12:19 PM
hi I 'am illegal immigrants for 6 yearsI have 2 kids born in UK fromillegaldadhe is beenher 18 years my kids 5 years and 2 years what I need to do
nadouche - 15-Jul-17 @ 5:16 PM
I'm living in the UK illegally for 16 years now, I have applied for discretionary leave since mid 2013. They sent for a biometric which I provided and they ( HomeOffice) have acknowledged it, but still waiting for a decision afterfour and a half years. Please, what further steps should I take now. Thanks
Ramona - 10-Jul-17 @ 12:59 PM
Shery - Your Question:
Plz tell me about new immigration laws2017 about illegal immigrants.who are staying in England since 8 years.Plz tell me how they can get visa or can they move another country like Spain or Italy.what laws about illegal Pakistanies.Plz reply me.

Our Response:
You can see more via the gov.uk link here which should answer your question.
AboutImmigration - 4-Jul-17 @ 3:00 PM
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