Cyfraith Mewnfudo a Lloches
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Cyflwyniad
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Egwyddorion craidd
Leave to Enter and Remain — No person who is not a British citizen may enter or remain in the UK without leave (permission) granted by the Home Secretary under the Immigration Act 1971, s.3. Leave may be limited or indefinite.
Points-Based System — The UK operates a points-based immigration system for work visas (Skilled Worker, Global Talent, Student, etc.), replacing free movement after Brexit.
Asylum and Refugee Protection — A person who has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion is entitled to refugee status under the 1951 Convention.
Right to Appeal — Decisions on asylum, human rights claims, and revocation of protection status can be appealed to the First-tier Tribunal (Immigration and Asylum Chamber).
Deportation — The Home Secretary may deport a foreign national if their deportation is conducive to the public good (Immigration Act 1971, s.3(5)), or automatically for criminal convictions with sentences of 12+ months (UK Borders Act 2007, s.32).
Human Rights Claims — Article 8 ECHR (right to private and family life) is frequently engaged in immigration decisions. The proportionality test balances the individual's rights against the public interest in immigration control.
Detention and Bail — Immigration detention must be lawful, for a reasonable period, and with a realistic prospect of removal (R (Hardial Singh) v Governor of Durham Prison [1984]). Bail can be granted by the tribunal or the Home Office.
Nationality and Citizenship — British citizenship can be acquired by birth, descent, registration, or naturalisation under the British Nationality Act 1981.
Statudau allweddol
Immigration Act 1971
British Nationality Act 1981
Nationality, Immigration and Asylum Act 2002
UK Borders Act 2007
Immigration Act 2014
Achosion arweiniol
R (Hardial Singh) v Governor of Durham Prison
[1984] 1 WLR 704
Huang v Secretary of State
[2007] UKHL 11
ZH (Tanzania) v SSHD
[2011] UKSC 4
Senarios cyffredin
Applying for a Skilled Worker visa
Under the points-based system, applicants need a job offer from a licensed sponsor, a role at the required skill level (RQF 3+), English language ability, and a salary meeting the threshold (generally £38,700 or the going rate). Points are awarded for each criterion.
Claiming asylum after arriving in the UK
An asylum seeker must claim as soon as reasonably practicable after arrival. The Home Office conducts a screening interview followed by a substantive asylum interview. If refused, the applicant can appeal to the First-tier Tribunal within 14 days.
Facing deportation after a criminal conviction
Foreign nationals sentenced to 12+ months face automatic deportation under the UK Borders Act 2007, s.32. Exceptions apply where deportation would breach the Refugee Convention or ECHR rights (particularly Articles 3 and 8). An appeal can be made to the tribunal.