Migrants attempting to cross the English Channel continue to be the subject of intense debate, not least because of the arresting imagery, which has become a potent symbol of the crisis that successive governments have failed to address.
However, there’s a wider story about illegal immigration in Britain that goes unseen.
Many illegal immigrants vanish in the UK via several channels that evade detection.
The failure to keep track of the numbers means reports, such as the one published this week that estimates as many as one in 12 people in London are illegal immigrants, are likely way off the mark.
The University of Oxford’s Migration Observatory has released a report in the wake of these findings, highlighting the four main ways unauthorised migrants slip through the cracks. Let’s take a closer look at each one.
Entering the UK on a visa and overstaying
Overstaying occurs when individuals enter the UK legally on a visa but remain beyond its expiration date without obtaining an extension or alternative legal status. This contributes to the population of undocumented migrants in the country.
Estimating the exact number of visa overstayers is challenging due to the porous nature of how the data is collected.
However, several reports have hinted at the scale of the problem.
In the 2019/20 period, analysis by Migration Watch UK of Home Office exit checks data revealed that 4.8 per cent of 1.9 million visa expiries were not recorded as leaving on time, equating to approximately 91,900 individuals. This was an increase from 3.7 per cent (49,400 individuals) in 2016/17.
Estimates suggest a figure between 800,000 and 1.2 million undocumented migrants residing in the UK as of June 2023. A significant portion, 82 per cent, initially entered the UK legally but overstayed their visas.
Overstayers lose their right to work, rent property, or access public funds. This places them in a precarious position, relying on informal or illegal work and living arrangements.
However, there are several ways people circumvent this.
For example, overstayers often rely on ethnic or community networks for housing, employment, and social support.
Cash-in-hand jobs in industries like construction, cleaning, or hospitality are also used to evade detection.
Furthermore, the Home Office lacks the capacity to track and remove every overstayer. Their efforts are often focused on high-priority cases, such as those involving criminal activity.
If discovered, overstayers may face bans on re-entering the UK for one to 10 years, depending on how long they overstayed and whether they left voluntarily or were deported.
Entering through deception
The Migration Observatory notes many illegals enter the UK through deception, such as using forged documents.
Upon detection, they may face prosecution under the Identity Documents Act 2010, which stipulates penalties of up to 10 years’ imprisonment for possession of false documents with improper intention.
However, many individuals destroy their identity documents upon arrival to hinder authorities’ ability to ascertain their origin, complicating deportation efforts.
Like the above, without valid documentation, individuals may seek employment in sectors less regulated or more prone to informal hiring practices, such as agriculture, construction, or hospitality.
Between 2013 and 2020, there were annual prosecutions and convictions for possession of false documents, with the number of offenders sentenced for possessing false identity documents without reasonable excuse being around 70 in 2022.
The most common sentence outcomes in 2022 were immediate custody (26 per cent of offenders) and fines (25 per cent.
The UK Government has implemented measures to deter and detect such activities, including the ‘hostile environment’ policies introduced in the early 2010s.
These policies require banks, landlords, employers, and public service providers to verify individuals’ legal immigration status before offering services.
Not leaving after asylum application rejected
When an individual’s asylum application in the UK is denied and all avenues of appeal are exhausted, they are classified as “Appeal Rights Exhausted” (ARE) and are required to leave the country. However, a significant number remain in the UK.
Between 2010 and 2020, approximately 41 per cent of individuals who were refused asylum had been removed from the UK by June 2022, suggesting that the remaining 59 per cent stayed in the country, according to the Migration Observatory.
Once their asylum application is rejected, asylum seekers employ various strategies to avoid detection and continue residing in the UK.
Without legal status, many seek work in the informal economy, again taking on cash-in-hand jobs in sectors like agriculture, construction, or hospitality, where regulatory oversight may be less stringent.
Refused asylum seekers often rely on support from community networks, including faith-based organisations and local charities, for housing, food, and other necessities.
To minimise the risk of detection, individuals may avoid interactions with official institutions, such as healthcare services or law enforcement, unless absolutely necessary.
If a person attempts to stay in the UK after their asylum application is rejected, their asylum support, including housing and financial assistance, is typically withdrawn within 21 to 28 days after a final refusal.
The Home Office has the authority to detain and deport individuals without legal status. However, logistical challenges and legal obstacles can impede this process.
Being born in the UK to parents who are unauthorised migrants
In the UK, citizenship is not automatically granted to individuals born on British soil; instead, it is primarily determined by the legal status of the parents at the time of the child’s birth.
Consequently, children born in the UK to parents who are unauthorised migrants do not receive British citizenship by birth and are considered undocumented.
This status presents significant challenges, leading many of these individuals to become “lost” within the system.
Estimating the exact number of UK-born children without legal status is challenging due to the clandestine nature of unauthorised migration.
However, available studies provide some insights, including a 2017 report by the Greater London Authority which estimated that there were approximately 106,000 children born in the UK to undocumented parents, who themselves lacked regular immigration status.
Research published this week by the University of Wolverhampton, commissioned by the Mayor of London, estimated that there are 674,000 undocumented people in the UK, with 60 per cent residing in London.
This population segment predominantly consists of young individuals under the age of 25.
Despite the legal challenges, children born in the UK can be registered as British citizens if they live in the country for the first 10 years of their life, regardless of their parent’s status.