Where UK immigration law comes from
UK immigration law is built in layers. Acts of Parliament set the framework and the powers. The Immigration Rules, which the Home Secretary lays before Parliament, set out in detail who may come and stay and what they must show. Home Office guidance explains how caseworkers apply the Rules. Court and tribunal decisions interpret all of it, and sometimes correct it. European and human rights law sit alongside.
The main sources
| Source | What it does |
|---|---|
| Immigration Act 1971 | The foundation: who needs leave, how it is given, and the power to make the Immigration Rules |
| British Nationality Act 1981 | Citizenship, registration, naturalisation and loss of citizenship |
| Immigration and Asylum Act 1999 and Nationality, Immigration and Asylum Act 2002 | Appeals, asylum support, human rights claims and many procedures |
| Immigration Acts 2014, 2016 and 2020 | The “hostile environment”, the right to work and rent, and the end of free movement |
| Nationality and Borders Act 2022 and later Acts | Asylum and nationality changes, including the core protection model |
| Human Rights Act 1998 | Brings the European Convention on Human Rights into UK law |
| Immigration Rules | The detailed requirements for each route, in Appendices and Parts, amended by statements of changes |
The Immigration Rules
The Rules are changed several times a year by statements of changes, each laid before Parliament, often with only a few weeks’ notice. They are organised into Parts, such as the Part on suitability, and into Appendices for each route, such as Appendix Skilled Worker and Appendix FM for family routes. See the Immigration Rules explained.
Human rights law
The European Convention on Human Rights, in particular Article 3 (torture and inhuman treatment), Article 8 (private and family life) and Article 6 (fair hearing), shapes many immigration decisions. See the Human Rights Act and the ECHR and human rights and private life applications.
Historic regulations
For people who lived in the UK under free movement, the Immigration (European Economic Area) Regulations governed their rights until the end of 2020. See the Immigration (EEA) Regulations 2006 and old EEA documents.
How we help
We apply the law as it stands on the date of your application, which is not always the date you first asked. A consultation costs from £99.
