A Home Office Immigration Enforcement vehicle in north London.
The United Kingdom Immigration Service (previously known from 1920 to 1933 as the Aliens Branch and from 1933 to 1973 as the Immigration Branch) was the operational arm of the Home Office, Immigration and Nationality Directorate. The UK Immigration Service was, until its disbandment in 2007, responsible for the day-to-day operation of front line UK Border Controls at 57 ports "designated[1]" under the Immigration Act 1971 including airports, seaports, the UK land-border with Ireland and the Channel Tunnel juxtaposed controls. Its in-country enforcement arm was responsible for the detection and removal of immigration offenders such as illegal entrants, illegal workers and overstayers as well as prosecutions for associated offences. On its disbandment, Immigration Service staff were re-deployed within the short lived Border and Immigration Agency which was replaced by the UK Border Agency which, in turn, was replaced by three separate entities: UK Visas and Immigration, Border Force and Immigration Enforcement, overseen by the Home Office.
The enabling Act which provided the basis of immigration control was the Aliens Act 1905 and it was followed by the Aliens Restriction Acts of 1914 and 1919. The powers exercised by Immigration Service officers were/are largely based on the Immigration Act 1971 that came into force on 1 January 1973 and its associated rules. Other subsequent legislation includes:
For the earlier part of its history the Immigration Service's work was dominated by control of passengers at seaports and the control of crews. By the 1920s, The Immigration Service was divided into districts under the charge of an Inspector. The Immigration Officers' grade was confined to men aged over 25. Those under 25 were automatically classified as Assistant Immigration Officers. Immigration Officers enjoyed an annual salary of between £200-300 and controlled passengers and seamen at ports throughout the United Kingdom. This included Ireland until the creation of the Irish Free State in 1922 and, even after this, UK immigration officers controlled Irish ports until 1925 while the new administration made its own arrangements.
By the late 1950s, the numbers of arriving passengers at airports overtook that of seaports for the first time and the distribution of staff began to reflect this. Immigration control at airports gradually changed from the late 1990s onward as a new emphasis was given to controlling passengers in visa issuing posts abroad. During the 2000s new technologies opened up opportunities to create a new "flexible" border control that better focussed its resources on high risk passengers.
There were little or no IS resources dedicated to dealing with in-country immigration offenders before 1973 and the detection of potential deportees was seen as a matter for the police. The enforcement arm developed slowly in the 1980s and 1990s but, in the 2000s, underwent a transformation in terms of its remit, training and powers and, by 2006, removed more in-country offenders than were refused entry at UK ports for the first time.
In 2007 IS Ports Directorate became a uniformed service for the first time. IS Enforcement Directorate was disbanded and its operational resources were divided among new regional "Local Immigration Teams".
In April 2007 staff were informed that the UK Immigration Service would henceforth cease to exist as a distinct body, and would be replaced by the UK Border Agency.[2]
Organisation, culture and working practices
Organisational structure
UK Immigration Service grades are/were reflective of the legislation that stipulates that the decision to refuse a person leave to enter the United Kingdom is taken by an Immigration Officer only with the authority of a Chief Immigration Officer or an HM Immigration Inspector. The decision that a person inside the UK is in breach of immigration law and liable for administrative removal or deportation can be taken by an Immigration Officer or a caseworker of Executive Officer grade or above acting on behalf of the Secretary of State, with the authority of a Chief Immigration Officer or Higher Executive Officer. The removal of such offenders may only be enforced with the authority of an HM Inspector or Senior Executive Officer. Immigration Officers also have the power to deal with immigration offenders under the criminal proceedings part of the Immigration Act 1971 and prosecute through the Criminal Justice System.
Assistant Immigration Officers' were common in the early days of the service but were dispensed with when the age bar on becoming an Immigration Officer was abolished, (date uncertain but probably before WW2). The grade of Assistant Immigration Officer was revived in 1991[3] but the role was initially badly defined and the scope of their work subject to ongoing dispute with the unions representing the Immigration Service grades, the Public and Commercial Services Union (PCS), and Immigration Service Union (ISU).
In 2017 immigration to the UK from outside the EEA is based primarily on the five tier system High-Value Migrant Tier 1 Visas, Skilled Worker Tier 2 Visas, Student & Tier 4 Visas and Temporary Worker Tier 5 Visas with applications being reviewed by an Immigration Officer.
Working practice
Ports of Entry working practice
The working environment for the Immigration Service differed greatly dependent on whether the work was performed at a port of entry, or in an after-entry environment within the community. All staff were, and are, governed by the overarching laws found within the various Immigration and Nationality Acts but the everyday application of the law at ports of entry is made through the application of the Immigration Rules – these are published rules that explain how the law is to be interpreted and applied.[4]
It is the interpretation of the rules that make immigration law so controversial. The practicalities of assessing large numbers of people arriving at ports mean that a great deal of discretion is given to the immigration officer, (although less now than was once the case). While the officer must obtain the approval of a Chief Immigration Officer or Inspector to refuse someone entry the way in which interviews are conducted and recorded are based on a lower level of proof than those in other areas of law enforcement. The immigration rules for visitors say that the immigration officer must be "satisfied" that the person is a genuine visitor not intending to stay longer than the rules allow and is not intending to seek employment.[5] The idea that a relatively low ranking officer merely has to satisfy himself or herself as to the person intentions rather than prove an offence, as is the case in criminal matters, is a long-standing cause of legal and legislative tension. The level of proof is effectively a balance of probabilities rather than that of an overwhelming case being proven against the arriving passenger. In practice the immigration officer is required to conduct an in-depth interview, seek corroborative evidence from other sources and present a compelling case to a Chief Immigration Officer before refusing the person.[6] The work of a port based immigration officer is to sift arriving passengers to detect those whose accounts of their intentions give some cause for concern. The officer will briefly interview all arriving people who are not British Citizens or EU nationals, check their document for alterations or forgery, verify any entry clearances held, assess their travel history against the stamps in their passport, check them against warnings lists and do all of this, usually, in less than two minutes. If the officer is satisfied they will stamp the passport with one of a variety of wordings, (conditions), depending on the reason for the persons stay and apply a time limit according to pre-set criteria. The pressure on port immigration officers is to do this quickly so as to satisfy various targets concerning waiting times. There has never been a quota or target for detecting and refusing inadmissible passengers – the performance standards for immigration officers at ports have always revolved around the quality of interviewing, decision making and their investigative qualities.
Drowning a Fish - an unofficial history of UK immigration control 1793-1962, by Bill Parsons, CreateSpace Independent Publishing Platform 2017, ISBN978-1546712848. The book concentrates on the development of immigration control from a policy and administrative standpoint but also explores the social attitudes that drove changes.
Roche, T.W.E. (1969). The Key in the Lock: a history of immigration control in England from 1066 to the present day. London: John Murray. ISBN0-7195-1907-1. In fact, not to the present day, only until 1969 but is an invaluable insight into the development of the immigration controls.
History of immigration in law; - Oxford University Press
Bloody Foreigners - The Story of Immigration to Britain; Robert Winder; pub. Little Brown 2004. Does not deal with the administration of immigration control but provides a liberal overview of British cultural attitudes to immigration and seeks to explore the experiences of those coming to live in the UK.
The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003.
Border control comprises measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it also encompasses controls imposed on internal borders within a single state.
In general, a port of entry (POE) is a place where one may lawfully enter a country. It typically has border security staff and facilities to check passports and visas and to inspect luggage to assure that contraband is not imported. International airports are usually ports of entry, as are road and rail crossings on a land border. Seaports can be used as ports of entry only if a dedicated customs presence is posted there. The choice of whether to become a port of entry is up to the civil authority controlling the port.
The United States Customs Service was a federal law enforcement agency of the U.S. federal government. Established on July 31, 1789, it collected import tariffs, performed other selected border security duties, as well as conducted criminal investigations.
United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilitating international trade, collecting import duties, as well as enforcing U.S. regulations, including trade, customs and immigration. CBP is one of the largest law enforcement agencies in the United States. It has a workforce of more than 45,600 federal agents and officers. It is headquartered in Washington, D.C.
Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since the accession of the UK to the European Communities in the 1970s and the creation of the EU in the early 1990s, immigrants relocated from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since Brexit came into effect, previous EU citizenship's right to newly move to and reside in the UK on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.
The Common Travel Area is an open borders area comprising the United Kingdom, Ireland, the Isle of Man and the Channel Islands. The British Overseas Territories are not included. Governed by non-binding agreements, the CTA maintains minimal border controls, allowing easy passage for British and Irish citizens with limited identity documentation, albeit with some exceptions. Sustaining the CTA requires cooperation between British and Irish immigration authorities.
The Immigration and Nationality Directorate (IND) was part of the Home Office, a department of the United Kingdom government. The department had its headquarters in Croydon, South London, where it occupied thirteen buildings. The IND was responsible for inward migration to the United Kingdom, asylum applications and the recognition of refugees, nationality and citizenship and the removal and deportation of immigration offenders. The Immigration and Nationality Directorate was replaced by the Border and Immigration Agency on 1 April 2007, which was in turn subsumed into the UK Border Agency on 1 April 2008 and replaced by UK Visas and Immigration in 2013.
The Immigration and Checkpoints Authority (ICA) is a law enforcement agency within the Ministry of Home Affairs (MHA), the border control agency responsible for frontline border control operations at air, sea and rail ports in Singapore.
The Border and Immigration Agency (BIA) was an executive agency of the British Home Office, created on 1 April 2007 and replaced on 1 April 2008. The agency replaced the Immigration and Nationality Directorate, assuming its responsibilities for managing immigration control in the United Kingdom. The BIA also considered applications for visas to enter the UK, permission to remain, citizenship, asylum and in-country enforcement of immigration law. The headquarters were located in Croydon.
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.
The UK Border Agency (UKBA) was the border control agency of the Government of the United Kingdom and part of the Home Office that was superseded by UK Visas and Immigration, Border Force and Immigration Enforcement in April 2013. It was formed as an executive agency on 1 April 2008 by a merger of the Border and Immigration Agency (BIA), UKvisas and the detection functions of HM Revenue and Customs. The decision to create a single border control organisation was taken following a Cabinet Office report.
The visa policy of the United Kingdom is the policy by which His Majesty's Government determines visa requirements for visitors to the United Kingdom, and the Crown dependencies of Guernsey, Jersey, and the Isle of Man and those seeking to work, study or reside there.
Border Force (BF) is a British law enforcement command within the Home Office, responsible for frontline border control operations at air, sea and rail ports in the United Kingdom. The force was part of the now defunct UK Border Agency from its establishment in 2008 until Home Secretary Theresa May demerged it in March 2012 after severe criticism of the senior management.
Since the creation of modern immigration controls in 1905, foreign nationals evading immigration control or committing crimes were regarded as a police matter and those people arrested were put before the courts whereupon they would be prosecuted and go through the deportation process. The United Kingdom Immigration Service's enforcement arm evolved gradually from the early 1970s onwards to meet demand from police for assistance in dealing with foreign national offenders and suspected immigration offenders within the UK. The wider history of UK immigration control is dealt with under UK immigration control - history.
Juxtaposed controls are a reciprocal arrangement between Belgium, France, the Netherlands and the United Kingdom whereby border controls on certain cross-Channel routes take place before boarding the train or ferry, rather than upon arrival after disembarkation. With the exception of the Eurotunnel Shuttle route, customs checks remain unaffected by juxtaposed immigration controls and continue to take place upon arrival after disembarkation. Belgium, France and the Netherlands are all member states of the European Union and part of the border-free Schengen Area. The United Kingdom, on the other hand, has never participated in the Schengen Area, even when it was a member state of the European Union. As a result, juxtaposed controls aim to increase the convenience and efficiency of border checks when travelling by train or ferry between the Schengen Area and the UK by removing the need for immigration checks on arrival and by streamlining checks on departure. At the same time, juxtaposed controls are intended to detect and prevent illegal immigration. In 2016, there were over 56,000 instances when people were refused entry to the UK at the juxtaposed controls.
United Kingdom immigration law is the law that relates to who may enter, work in and remain in the United Kingdom. There are many reasons as to why people may migrate; the three main reasons being seeking asylum, because their home countries have become dangerous, people migrating for economic reasons and people migrating to be reunited with family members.
Immigration Enforcement (IE) is a law enforcement command within the Home Office, responsible for enforcing immigration law across the United Kingdom. The force was part of the now defunct UK Border Agency from its establishment in 2008 until Home Secretary Theresa May demerged it in March 2012 after severe criticism of the senior management. Immigration Enforcement was formed on 1 March 2012, becoming accountable directly to ministers.
Although some means of controlling foreign visitors to the United Kingdom existed before 1905, modern immigration border controls as now understood originated then. Although an Alien Act was passed in 1793 and remained in force to some extent or other until 1836, there were no controls between then and 1905 barring a very loosely policed system of registration on entry.
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