The question of whether someone without immigration status can become legal in the UK is one of the most common issues in immigration law. The short answer is yes — but it depends heavily on circumstances, timelines, and evidence. Illegal immigration in Britain has become a central focus of government policy, with tighter rules and increased enforcement. Anyone dealing with illegal immigration in the UK needs to understand both the risks and the potential legal routes.

This guide explains the law, answers key questions, and gives you an up-to-date picture of what’s possible in 2025. It also covers practical aspects of personal immigration law and business immigration law, which often overlap with cases of immigration, illegal UK status changes

What Is an Illegal Immigrant?

The Home Office defines what is an illegal immigrant as someone who has entered the UK without permission or remained after their visa expired. That includes those entering the UK illegally — for example, by crossing the English Channel — and those who arrive in the UK lawfully but overstay.

Many foreign nationals in this situation are known as undocumented immigrants UK. In rare cases, even British illegal immigrants exist — people who assumed they had status but never held official proof.

Where Do Illegal Immigrants Live in the UK?

There’s no official list, but many live with family members or friends, sometimes in overcrowded or unsafe housing. Some work informally in industries that pay cash, while others avoid public spaces to minimise risk of contact with immigration enforcement.

What Happens to Illegal Immigrants in the UK?

What happens to illegal immigrants in the UK depends on the case. Some are detained and face deportation from the UK. Others might be given temporary status if they have an open case, such as asylum applications or judicial review injunctions. The home secretary directs immigration priorities. In recent years, that’s meant removing more people with no legal right to remain, sending them to their home country or another safe country. In 2024–25, over 16,000 people were either removed or voluntarily left the UK.

How Long Can an Illegal Immigrant Stay in the UK?

There’s no set time limit for how long an illegal immigrant can stay in the UK before action is taken. The longer someone stays, the more they may establish rights, such as under illegal immigrants’ rights after 10 years UK or illegal immigrants’ rights after 10 years for those integrated into UK society.

Is It a Criminal Offence?

Being without status isn’t always a criminal offence, but working illegally in the UK, using fake papers, or committing fraud is. Employers can also face penalties for knowingly hiring undocumented workers.

What Rights Do Illegal Immigrants Have?

Even without legal status, immigrant rights in the UK law provides:

1. Emergency NHS care
2. Education for children
3. Protection from exploitation

These apply whether people who arrived had permission or not.

Can They Become Legal After 10 or 20 Years?

Yes, in some cases.

1. Under the 20-year rule, someone living in the UK continuously for two decades can apply for leave to remain.
2. Under the 10-year route, people may qualify if they have private or family life ties, such as children born in the UK or strong connections to life in the UK.

Both paths can lead to indefinite leave to remain, and later British citizenship or British nationality.

What About Asylum and Other Routes?

Those fearing persecution in their country of origin can seek asylum. Asylum in the UK is open to people who apply for asylum quickly after arriving. In 2025, over 100,000 asylum claims were made. Those who claimed asylum after entering unlawfully may get temporary leave but face limits on progressing to citizenship.

Another route for some foreign nationals is an EU visa application, which can allow entry or remain in the UK under specific agreements, especially for family members of EU citizens who have lawful residence.

Recent changes by the UK government have extended the waiting period for certain arrivals to get settlement or become British citizens.

What If They Don’t Apply?

Without an application, people risk removal from the UK. Detention is possible, and deportation flights are arranged to the home country or a safe third country.

Penalty for Helping an Illegal Immigrant

The penalty for helping an illegal immigrant UK can include large fines or prison. Providing work, accommodation, or false documents to someone without status can be a criminal act.

Reporting Illegal Immigrants

You can report illegal immigrants in the UK through the Home Office’s dedicated services. This feeds into immigration enforcement operations targeting those without the right to stay in the UK.

Legal vs Illegal Immigrants

Legal vs illegal immigrants UK differ in rights and freedoms:

1. Legal migrants can work, rent, and travel freely.
2. Illegal immigrants in the UK face restrictions and risk detention.
3. If they leave the UK, re-entry is almost impossible without valid documents.

Can They Get Discretionary Leave?

Yes. Some may be granted discretionary leave to remain for humanitarian reasons. This is common for vulnerable people, including those with serious medical conditions or strong family ties. Leave is usually given for a period of time, like 12 or 30 months.

Special Circumstances

1. Children born in the UK can be eligible to apply for citizenship after 10 years’ residence.
2. Those resident in the UK since childhood may have strong human rights grounds, especially children who are living in the UK illegally, who may still have a right to education and protection under UK law.
3. Victims of modern slavery or abuse may be allowed to remain in the UK for protection.

Policy Trends in UK Illegal Immigration

United Kingdom illegal immigration data shows small-boat arrivals are a continuing challenge. Data freedom of information releases and corporate reports confirm removals increased by 24% in 2024–25. The Illegal Migration Act 2023 gives the Home Secretary stronger powers to detain and remove those who arrive unlawfully.

How Lawyers Help

An asylum solicitor or immigration lawyer can:

1. Advice on ILR applications
2. Stop deportations through judicial review injunctions
3. Navigate complex Home Office rules
4. Provide urgent legal advice in detention cases

Illegal UK immigration is a legal minefield. There are routes to stay, but they require strong evidence and persistence. Acting early is vital before laws tighten further.

At SMA Solicitors in London, we help clients remain in the UK, apply for indefinite leave to remain, make strong asylum applications, and challenge removals. We understand the challenges faced by foreign nationals and those living without status. Email us at info@smalaw.co.uk or call 020 8951 9959 for a confidential, no-obligation consultation with an experienced immigration lawyer.