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Migration, Citizenship, and Free Movement

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Category: Immigration Powers

Home Office immigration powers extend to the detention and sale of transporters. Under statutory warrant there is both civil and criminal jurisdiction in relation to the liability of carriers of persons subject to immigration control who lack the necessary authorisation to lawfully enter the United Kingdom on arrival. Where a civil penalty is imposed and remains unpaid, the Secretary of State has swinging powers to detain a transporter (even one other than the one used that gave rise to the penalty) and, where the penalty remains unpaid, to sell it. The use of those powers may operate even against persons not within the UK territorial jurisdiction.
April 8, 2026April 8, 2026Adrian Berry

The Detention and Sale of Transporters in Carriers’ Liability Civil Penalty Law: Part 2 – Sale

Home Office immigration powers extend to the detention and sale of transporters. Under statutory warrant there is both civil and criminal jurisdiction in relation to the liability of carriers of persons subject to immigration control who lack the necessary authorisation to lawfully enter the United Kingdom on arrival. Where a civil penalty is imposed and remains unpaid, the Secretary of State has swinging powers to detain a transporter (even one other than the one used that gave rise to the penalty) and, where the penalty remains unpaid, to sell it.
February 18, 2026February 18, 2026Adrian Berry

The Detention and Sale of Transporters in Carriers’ Liability Civil Penalty Law: Part 1 – Detention

The Home Office plans to make it more difficult for lawfully present migrants to secure permanent residence in the United Kingdom. Among other things, it plans to do so by penalising those migrants lawfully able to use public funds from actually doing so. Under its proposals in A Fairer Pathway to Settlement – A statement and accompanying consultation on earned settlement (November 2025)
February 9, 2026April 8, 2026Adrian Berry

Manufacturing Segregation – The Home Office ‘Earned Settlement’ proposals

The ECHR and United Kingdom international relations
September 11, 2025September 11, 2025Adrian Berry

The ECHR and United Kingdom international relations

The immigration status-based civil penalty employment scheme is to be extended beyond employment cases to other work characterised as self-employment. Businesses securing services from individuals by way of sub-contracting, agency work, or in the gig economy need to be prepared.
August 27, 2025August 27, 2025Adrian Berry

Immigration Civil Penalty Employment Scheme to be extended to Sub-contractors, Agency Workers and the Gig Economy (Border Security, Immigration and Asylum Bill 2025)

The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle
June 2, 2023June 2, 2023Adrian Berry

The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle

The Illegal Migration Bill contains provisions, the use of which would frustrate the effect of interim measures from the European Court of Human Rights (ECtHR) in Strasbourg. In practice this means that such interim measures would have limited or perhaps no legal effect in stopping the Home Secretary removing from the UK persons subject to immigration control, including those seeking asylum. This is no need for this measure.
April 1, 2023April 1, 2023Adrian Berry

The Illegal Migration Bill: Interim Measures from the European Court of Human Rights

Illegal Migration Bill: Entry, Settlement, and Citizenship
March 20, 2023March 20, 2023Adrian Berry

Entry, Settlement, and Citizenship in the Illegal Migration Bill

Crimes of Arrival in the Nationality and Borders Bill
October 5, 2021October 22, 2021Adrian Berry

Crimes of Arrival in the Nationality and Borders Bill

The Prohibition on Making Asylum Claims in UK Territorial Waters in the Nationality and Borders Bill
September 29, 2021September 29, 2021Adrian Berry

The Prohibition on Making Asylum Claims in UK Territorial Waters in the Nationality and Borders Bill 

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