Immigration rules

Immigration law affects people from countries outside of the UK who come to reside in the UK on a short or long term basis, who may also be studying or working. These immigration rules will not only dictate whether people from other countries are allowed to stay for the length and for the reason they wish to but also whether they have access to benefits, the NHS and whether they can invite relatives over to stay with them.

Immigration has been, and still is, a matter of great public and parliamentary debate with each changing government forming new immigration rules. The most recent changes in immigration rules occurred in March 2009 and have helped to consolidate the law, but nevertheless there is soon to be another alteration in the law in order to simplify immigration rules further.

The various immigration rules depend largely on which country the person immigrating originates from. Since the UK is a member of the European Union, which has practiced free movement of persons since the 1990s, European citizens will find it much easier to immigrate to the UK than those outside the EU. An EU citizen has what is known as an ‘Article 18 right’ (from the specific article in the Treaty of Rome 1957) to move and reside in any other EU state, which includes the UK. The ‘Article 39 right’ is the right of all EU citizens to work in the country they have moved to. It is therefore simple and easy for EU members to immigrate to the UK.

Nevertheless, immigration rules currently restrict nationals from outside of Europe from having the same opportunities as EU citizens. For example, the immigration rules for non-EU citizens currently include a necessity to comply with biometric regulations; refusal of which can lead to an immigrant being ejected from the UK or facing a civil penalty.

The law on immigration can be complex and it is subject to frequent reform. Expert advice from a lawyer with specialist knowledge of the immigration rules will greatly assist the immigration case of a non-UK resident.

If you would like to obtain legal advice or information on current immigration rules then Contact Law can put you in touch with a local specialist immigration solicitor free of charge. So, if you have any questions or would like our help in finding local immigration solicitors please call us on 0800 433 4846 or complete the web-form above.