Right to Enter
Unsurprisingly, nationality and immigration law in the United Kingdom are organised on a UK-wide basis. There is a common travel area between the United Kingdom and the Republic of Ireland, which is recognised by the Immigration Act. The influence of European Union Treaty rights has been substantial in the area of immigration.
Citizens have the right to enter and remain in their country of citizenship. Non-citizens have no automatic right to do so. A State is not obliged to admit aliens.
Subject to international treaty, the States may regulate the right of aliens (non-nationals) to enter the State, reside, and/or work. They may determine the conditions on which the spouses and family members may reside with the primary applicant. If, for example, he or she qualifies.
States have the right to deport aliens in their territory provided it does not infringe international law. There are, however, a number of conventions dealing with asylum rights. The Geneva Convention prohibits the return of a refugee to a country where his life and freedom will be threatened on account of race, religion, nationality, or membership of a particular social group or political opinion.
The Home Office regulates immigration matters. In practice, many of the key decisions were made by Immigration Officers with a certain degree of review on the part of the court.
Leave to enter and remain in the United Kingdom, variation of terms and conditions of leave, and deportation orders are all administered in the name of the Home Secretary/Justice Secretary. The Immigration Act 1971, as amended, is the basis of immigration law. The Commonwealth Immigration Act 1962 gave more favourable treatment to white immigrants than to citizens of new Commonwealth countries who became independent in the 1950s and 1960s.
Those with a right of residence or called the right of abode are free to live, come, and go from the United Kingdom without letter, hindrance, subject to restrictions allowing their status to be ascertained. Those without a right of abode may live, work, and settle in the United Kingdom by permission and subject to regulation, such regulation and control of their entry into, stay in, and departure from the United Kingdom.
British citizens and Commonwealth citizens who were entitled to reside prior to the commencement of the British Nationality Act and have not ceased to be citizens have a right to reside under the British Overseas Territory Act 2002. A right to reside is conferred on former British dependent territories.
Under EU law, citizens and nationals of EFTA countries are entitled to enter the United Kingdom with freedom of movement provisions in the Treaty.
Citizens of the Republic of Ireland have a right to enter free of immigration controls, as do persons from the Isle of Man and Channel Islands.
Others who do not fall into the above categories may not enter the United Kingdom without leave to enter. This may be for an indefinite period or a limited period. It may be subject to conditions. Leave may be varied once granted. It may be restricted or enlarged.
The Justice Secretary/Home Secretary sets down rules for the regulation of entry and stay in the United Kingdom. In 1999, the Immigration and Asylum Act sought to reform the immigration administrative system to make it faster, fairer, and firmer. It allows leave to enter to be granted outside the United Kingdom to remove pressure at the point of entry on Immigration Officers. Leave to enter is potentially renewable.
It commenced the Immigration Services Commissioner. The Commissioner’s function is to promote good practices in the provision of immigration advice and services. The Commissioner issues a code of practice and rules. The Commissioner registers bodies qualified to provide immigration advisory services.