Your Immigration Rights
Whatever your immigration status — settled resident, visa holder, asylum seeker, or undocumented migrant — you retain fundamental legal rights. Anyone providing immigration advice or immigration services must be regulated: the Immigration Services Commissioner has a general duty to promote good practice and must secure that advisers are fit and competent, act in your best interests, and do not mislead a court or tribunal. If the Home Office refuses your protection claim or human rights claim, or revokes your protection status, you have a statutory right of appeal to the First-tier Tribunal. Immigration detention must be lawful and for no longer than necessary; you can challenge it through bail applications or judicial review. Regardless of status, everyone retains access to NHS emergency treatment and children's rights to education. Jurisdiction: UK-wide (immigration and asylum are reserved matters, though some support duties fall to devolved/local bodies).
Last updated: 2026-03-01
Your Rights
Right to Legal Representation
You have the right to legal advice and representation in immigration matters. Legal aid is available for asylum claims, detention, and some deportation cases. You should seek advice from a solicitor or adviser registered with the OISC (Office of the Immigration Services Commissioner).
Right to Claim Asylum
If you are in the UK and fear persecution in your home country, you have the right to claim asylum under the Refugee Convention. The Home Office must consider your claim, and you cannot be returned to a country where you face persecution while your claim is being decided.
Right to Challenge Detention
Immigration detention must be lawful. You can challenge your detention through bail applications to the First-tier Tribunal (Immigration and Asylum Chamber) or judicial review. Detention must be for a reasonable period and with a realistic prospect of removal.
Right to Appeal
You have the right to appeal most immigration decisions (refusal of asylum, deportation orders, revocation of protection status) to the First-tier Tribunal. Some decisions carry only administrative review rights.
Right to Essential Services
Regardless of immigration status, you have the right to NHS emergency treatment, primary education for children, and emergency local authority support for destitute families with children.
Common Myths
Undocumented migrants have no rights
Everyone in the UK has fundamental human rights including protection from torture and inhuman treatment, right to a fair trial, and access to emergency healthcare.
Asylum seekers are free to work
Asylum seekers cannot normally work. They can apply for permission to work only if their claim has been outstanding for 12+ months through no fault of their own, and only in shortage occupation jobs.
What To Do
Seek Legal Advice
Contact an OISC-registered adviser or immigration solicitor. Many offer free initial consultations.
Check Your Status
Use the GOV.UK online service to check your immigration status and what you are entitled to.
Apply for Bail
If you are in immigration detention, apply for bail through the First-tier Tribunal. Bail for Immigration Detainees (BID) can help.
Key Legislation
- Immigration Act 1971
- Nationality, Immigration and Asylum Act 2002
- Human Rights Act 1998
- Refugee Convention 1951
Useful Contacts
Frequently asked questions
- How can I challenge my immigration detention?
- Yes, you have the right to challenge your detention. You can apply for bail through the First-tier Tribunal (Immigration and Asylum Chamber) or seek judicial review. Detention must be lawful, for a reasonable period, and there must be a realistic prospect of removal.
- What essential services can I access if I am an undocumented migrant?
- Regardless of your immigration status, you are entitled to NHS emergency treatment. Additionally, children have the right to primary education, and destitute families with children can access emergency local authority support.
- Can I appeal an immigration decision?
- You have the right to appeal most immigration decisions, such as asylum refusals or deportation orders, to the First-tier Tribunal. However, some decisions only allow for administrative review rather than a full appeal.
- Is legal aid available for immigration matters?
- Legal aid is available for asylum claims, detention matters, and some deportation cases. For other immigration issues, you should seek advice from a solicitor or an adviser registered with the Office of the Immigration Services Commissioner (OISC).