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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All Rights Guides
Immigration

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).

Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, Part 1

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.

Refugee Convention 1951; Immigration Rules, Part 11

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.

Immigration Act 1971; Hardial Singh principles (R v Governor of Durham Prison, ex p Hardial Singh [1984])

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.

Nationality, Immigration and Asylum Act 2002, s.82

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.

Children Act 1989, s.17; NHS (Charges to Overseas Visitors) Regulations 2015

Common Myths

Myth

Undocumented migrants have no rights

Reality

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.

Myth

Asylum seekers are free to work

Reality

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

1

Seek Legal Advice

Contact an OISC-registered adviser or immigration solicitor. Many offer free initial consultations.

2

Check Your Status

Use the GOV.UK online service to check your immigration status and what you are entitled to.

3

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

Refugee Council

Support and advice for refugees and asylum seekers.

Website

BID (Bail for Immigration Detainees)

Free legal advice for immigration detainees.

Tel: 020 7456 9750

Website

JCWI (Joint Council for the Welfare of Immigrants)

Immigration advice and policy.

Website

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).