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All Rights Guides
Immigration

Drepturile la controlul imigrației

Immigration officers have powers to stop, question, and detain individuals under the Immigration Act 1971 and related legislation. These powers are most commonly exercised at ports of entry (airports, seaports, and the Channel Tunnel), but can also be used within the UK during enforcement operations. Understanding your rights can help you navigate these encounters and protect yourself.

Last updated: 2026-03-01

Your Rights

Right to Know Why You Are Being Stopped

An immigration officer must identify themselves and explain why they are exercising their powers. At a port, officers may examine any person arriving in or leaving the UK to determine their immigration status (Schedule 2, Immigration Act 1971). Within the UK, officers generally need reasonable suspicion to stop someone.

Immigration Act 1971, Schedule 2

Right to Legal Advice

If you are detained by immigration officers, you have the right to contact a solicitor or legal representative. If you cannot afford a solicitor, you may be eligible for legal aid. You can also contact a free legal advice service.

Detention Centre Rules 2001; common law right to legal advice

Right Not to Be Discriminated Against

Immigration officers must not exercise their powers in a racially discriminatory manner. The Equality Act 2010 applies to the exercise of immigration functions, subject to certain exceptions for nationality and ethnic or national origin discrimination authorised by ministerial order.

Equality Act 2010, s.29; Race Relations (Immigration and Asylum) Authorisation 2001

Right to Challenge Detention

If you are detained under immigration powers, you can challenge your detention by applying for bail to the First-tier Tribunal (Immigration and Asylum Chamber) or by applying for judicial review in the High Court. Detention must be for a reasonable period and there must be a realistic prospect of removal.

Immigration Act 1971, Schedule 2; Hardial Singh principles

Right to an Interpreter

If you do not speak English well enough to understand the proceedings, you have the right to an interpreter. Immigration officers should arrange interpretation services.

Home Office guidance; Article 6 ECHR

Common Myths

Myth

Immigration officers can stop anyone and demand to see their papers

Reality

At ports of entry, immigration officers can examine any arriving or departing person. Within the UK, enforcement powers generally require reasonable suspicion. Random 'fishing' stops without any basis are unlawful.

Myth

If you are detained, you have no rights

Reality

Immigration detainees retain fundamental rights including access to legal advice, the right to challenge detention, and protection from inhuman or degrading treatment under Article 3 ECHR.

What To Do

1

Stay Calm and Cooperate

If stopped by immigration officers, remain calm and polite. Ask the officer to identify themselves and explain the legal basis for the stop. Provide your name and nationality if asked.

2

Know What Documents to Have

If you are a foreign national in the UK, carry your passport, visa, BRP (Biometric Residence Permit), or other immigration document. If you are a British citizen, you do not have to carry identity documents, but it can help resolve matters quickly.

3

Contact a Solicitor Immediately If Detained

If you are detained, insist on your right to contact a solicitor. Free legal advice is available from immigration solicitors on the Legal Aid scheme and from organisations like Bail for Immigration Detainees (BID).

Key Legislation

  • Immigration Act 1971
  • Immigration Act 2014
  • Immigration Act 2016
  • Equality Act 2010
  • Human Rights Act 1998

Useful Contacts

Bail for Immigration Detainees (BID)

Free legal advice and representation for immigration detainees.

Tel: 020 7456 9750

Website

Joint Council for the Welfare of Immigrants (JCWI)

Immigration advice and policy organisation.

Website

Migrant Help

Support and advice for migrants in the UK.

Tel: 0808 8010 503

Website