Updates, commentary, training and advice on immigration and asylum law

3rd September 2020
BY Colin Yeo

Hubs / Enforcement / UK immigration law timeline: 1 ...

UK immigration law timeline: 1905 to 2018

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I’ve put together a timeline of British immigration legislation as an experiment. It is not a complete list for several reasons, but I think it captures the main moments in the history of British immigration law. To include absolutely everything would be a very major project (I might get around to it one day…) so it is deliberately selective.

I have omitted quite a few Acts that were very specifically directed to nationality law issues, which I might put into a separate timeline at some point. I have also, because it only includes primary legislation (Acts of Parliament), omitted quite a few important pieces of secondary legislation. Various landmark changes in the Immigration Rules, such as those of 2012, are therefore omitted, along with major changes in the structure of immigration law, such as the introduction of the Points Based System and its system of sponsorship from 2008 onwards.

Finally, my summaries are very selective and deliberately written very much with a hindsight perspective. This is dangerous in any kind of history. Hindsight certainly blinded me to the significance of the 1948 and 1962 legislation because it took me a long time to understand that the primary status under the 1948 Act was that of the British subject, not the Citizen of the United Kingdom and Colonies.

With those conscious omissions in mind, if you spot anything it looks like I’ve missed, please let me know. The titles of the legislation (or dates where more than one is mentioned) are clickable to take you to the documents in question.

Aliens Act 1905

First permanent legislation restricting immigration. Introduced immigration officers, whose duty it was to inspect certain passengers arriving at ports. Included a right of appeal.

British Nationality and Status of Aliens Acts 1914, 1918, 1922, 1933, 1943

Codified aspects of British subject status in statute. Further restrictions on aliens, adjustments to British nationality transmission and new citizenship deprivation power

Aliens Restriction Act 1914

Amended in 1919, the Aliens Orders 1920 and 1953 were made under this Act, which required all aliens to obtain permission to enter, enabled imposition of conditions of entry and restricted employment rights. Right of appeal abolished. Remained in force until replaced by 1971 Act.

British Nationality Act 1948

Preserved British subject status, implicitly including the right of British subjects to enter and remain in the United Kingdom. Created two subcategories: independent Commonwealth citizens and Citizens of the United Kingdom and Colonies (CUKCs)

Commonwealth Immigrants Act 1962

Ended right of entry and residence for British subjects other than certain CUKCs. Introduced work vouchers for Commonwealth citizens and enabled their deportation

Commonwealth Immigrants Act 1968

Further restricted number of CUKCs eligible for entry and residence, aimed specifically at the ‘East African Asians’

Immigration Appeals Act 1969

Introduced right of appeal to a newly formed immigration tribunal, instituted prior entry clearance requirement for family members

Immigration Act 1971

Provides current framework of modern immigration control. Unified treatment of aliens and Commonwealth citizens

European Communities Act 1972

Legislation enabling UK membership of what became the EU, including free movement of people

British Nationality Act 1981

Effectively abolished British subject status and replaced with new forms of British nationality including, for first time, that of the British citizen

Carriers’ Liability Act 1987

Introduced fines for ferry and airplane companies who allowed passengers to board without a visa

Immigration Act 1988

Abolished right of entry for family members of British citizens, created legal exemption from immigration control for EU citizens exercising treaty rights

Asylum and Immigration Appeals Act 1993

Reformed appeal rights including full rights of appeal for asylum seekers

Asylum and Immigration Act 1996

Restricted benefits available to asylum seekers, introduced offence of employing illegal worker

Human Rights Act 1998

Introduced directly enforceable human rights, including rights to freedom from torture or inhuman or degrading treatment and to private and family life

Immigration Act 1999

Introduced administrative removals, reformed immigration appeals, introduced asylum accommodation and support, extended enforcement powers

Nationality, Immigration and Asylum Act 2002

Introduced citizenship tests, extended language requirement to spouses of British citizens, reformed appeals again

Asylum (Treatment of Claimants etc) Act 2004

New illegal entry offences, adverse credibility presumptions, safe third country removal system, for-profit immigration fees enabled, single tier ‘unified’ appeals created

Immigration, Asylum and Nationality Act 2006

Introduced civil penalties for employers, extended enforcement powers

UK Borders Act 2007

Introduced ‘automatic’ deportation regime

Criminal Justice and Immigration Act 2008

Introduced special immigration status

Borders, Citizenship and Immigration Act 2009

Proposed major reforms to naturalisation process but never brought into force

Crime and Courts Act 2013

Criminal defendants have to state nationality, family visitor appeals abolished

Immigration Act 2014

Various new hostile environment measures (housing, banking, driving, marriage) plus reforms to immigration appeals

Immigration Act 2016

Strengthened hostile environment measures

European Union (Withdrawal) Act 2018

Enabled UK departure from EU and end to free movement rights for EU citizens

The Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2019-21 is almost upon us at the time of writing. It sounds like further legislation is planned for 2020 or 2021, so the saga continues…

history

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.