กฎหมายตรวจคนเข้าเมืองและการลี้ภัย
วีซ่า คำร้องขอลี้ภัย การเนรเทศ สิทธิในการพำนัก และระบบศาลตรวจคนเข้าเมือง
บทนำ
Immigration and asylum law governs the entry, stay, and removal of foreign nationals in the United Kingdom. The system is primarily statutory, centred on the Immigration Act 1971, the Nationality, Immigration and Asylum Act 2002, and the Immigration Rules made under them. Asylum law is shaped by the UK's obligations under the 1951 Refugee Convention and the European Convention on Human Rights. The Home Office administers the system, with appeals heard by the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal.
In Brief
Anyone who is not a British citizen needs leave (permission) to enter or remain in the UK. Visa types range from skilled worker and student visas to family visas and asylum protection. If the Home Office refuses your application, you may have a right of appeal to the Immigration Tribunal — check the refusal letter carefully for the deadline, which is usually 14 or 28 days.
หลักการพื้นฐาน
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.
กฎหมายสำคัญ
Immigration Act 1971
British Nationality Act 1981
Nationality, Immigration and Asylum Act 2002
UK Borders Act 2007
Immigration Act 2014
คดีชี้นำ
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
สถานการณ์ทั่วไป
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.
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Frequently Asked Questions
What is the difference between leave to remain and indefinite leave to remain?
Leave to remain (LTR) is temporary permission to stay in the UK, usually for a set period with conditions. Indefinite leave to remain (ILR) is permanent settlement — you can live and work without restrictions.
Can I appeal an immigration decision?
Many immigration decisions can be appealed to the First-tier Tribunal (Immigration and Asylum Chamber). The grounds and timescales depend on the type of decision.
How long does it take to become a British citizen?
Most applicants must hold Indefinite Leave to Remain (ILR) for at least 12 months before applying for naturalisation (or no waiting period if married to a British citizen). Spouses can apply for ILR after 5 years (2-year/2.5-year + 2.5-year route) or 10 years long residence. The total typical route from initial visa to citizenship is 6 years; the British Nationality Act 1981 sets out the requirements including good character, residence, and Life in the UK / English language tests.
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