Illegal entry into the UK can harm your chances of getting permanent residence or citizenship


On 20 July 2023 the Illegal Migration Act 2023 received Royal Assent. Under the new Act, migrants who entered the UK illegally after 7 March 2023 will be barred from re-entering the UK or gaining residence or citizenship, and the ban will also apply to their UK-born children. The UK government will have a duty to refuse to process any asylum claims they make and to return them to their home country or a safe third country where their asylum claims will be processed.


The purpose of the bill is to " prevent and deter illegal immigration, particularly through unsafe and illegal routes, by requiring the removal from the UK of certain persons who enter or arrive in the UK in breach of immigration controls" '.


There are exceptions to this ban, however, as illegal immigrants may be exempted if they can prove that they have come to the UK from "a country which complies with the United Nations Convention on Refugees and where their life and liberty are at risk". However, since most illegal immigrants enter the UK through EU countries such as France, none of which fulfil these conditions, the threshold for exemption is quite high.


The United Nations has warned that the Illegal Immigration Bill passed by the British Parliament is inconsistent with the country's obligations under international human rights and refugee law and sets a worrying precedent for the abrogation of asylum-related obligations, which could be followed by other countries, including in Europe, and which could have a negative impact on international refugees.


The professional immigration team at Chan Neill Solicitors can provide you with the most suitable immigration solution based on your background. If you require any assistance, kindly reach out to us.