Johnson’s Amnesty: what we know so far
The Prime Minister Boris Johnson has quoted that “the UK should look at the “economic advantages and disadvantages” of an amnesty for undocumented migrants. It is absolutely true that I have raised it several times since I was in Government. I must say it didn’t receive an overwhelming endorsement from the previous prime minister when I put it to her when I raised it once in Cabinet. But I have to say I do think that our arrangements are theoretically being committed to the expulsion of perhaps half-a-million people who don’t have the correct papers and who may have been living and working here for many, many years without being involved in any criminal activity at all … I think that the legal position is anomalous and we saw the difficulties that kind of problem occasioned in the Windrush fiasco.”
Amnesty in general is a term used for an official pardon by the government for people who have been convicted of any particular kind of offense. With regards to immigration and Amnesty simply means the process of granting legal immigration status to persons who are in the United Kingdom illegally.
Many developed countries have announced Immigration Amnesties in the past. Spain was reported to announce an Amnesty in 2005. Applicants had to meet 4 major requirements to meet the criteria; a. Prove they entered Spain before last August (2004), b. have a job contract, c. no criminal record and d. have three months to sign up as taxpayers. This amnesty led to tens of thousands of people across the country queuing outside embassies and local council offices in Spain to prepare their documents.
In September 2018, the Republic of Ireland announced plans for a new “regularization scheme” to allow certain undocumented migrants to remain in the country legally. The announcement said, ‘the amnesty will be open to anyone who came to Ireland as an international student between January 2005 and December 2010 and is now undocumented’. This step followed a Supreme Court judgment that former holders of student status were entitled to have their family and privacy rights under the European Convention on Human Rights taken into account in their application for leave to remain. Court challenges were taken after the introduction of a new study policy in 2011 which meant that non-EEA students could only live in Ireland for a maximum of seven years. This amnesty had quit similarity to a former scheme which operated in 2011 for students who were already in the country prior to 2005.
Although the United Kingdom does not use the term ‘amnesty’, we can witness that there has been ‘implied amnesty’ schemes in the past. One of the most recent examples is the ‘Legacy caseload’ in the years between 2006 and 2011, whereby a large number of failed asylum seekers were granted Indefinite Leave to Remain (ILR).
The PM’s current announcement is a great proposal which would result in acknowledging approximately half a million illegal migrants gaining the right to remain in the UK. According to a recent survey conducted by the LSE team, illegal migrants oscillate between 417,000 and 863,000, including a population of UK-born children ranging between 44,000 and 144,000.
What could be the requirements for the proposed Amnesty Scheme?
What could be the key features of the scheme? This is the Million dollar question for everyone! The SSHD (Secretary of State for the Home Department) will need to consider some factors in order to set a criterion under the proposed Amnesty Scheme.
The most important factor which the SSHD would have to consider is the length of time an immigrant has spent in the UK. Currently, an illegal immigrant can make an application for leave to remain in the UK if s/he can prove that s/he has been in the UK for at least 20 years. S/he can make such an application under paragraph 276ADE (1) (vi) of part 7 of the Immigration Rules. We will have to consider amending 20 years requirements of paragraph 276ADE (1) (vi). This category is also known as private life in the UK.
There may be a condition requiring the applicants to have a clean record in order for them to become amongst the Amnesty beneficiaries. Being good for the public is already a requirement for most of the Immigration routes. Therefore, it would not be something new and of course, it will help overcome any potential abuse of the new Amnesty scheme.
Under S-LTR 1.1 to S-LTR 3.1 and Under S-ILR 1.1 to S-ILR 3.1 of Appendix FM of Immigration Rules, an application for Leave to enter / Remain OR Indefinite Leave to Remain may be refused if the presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence. Under V 3.4 and V 3.4A of Appendix V of the Immigration Rules, the application for leave to enter as visitors will be refused if the SSHD believes that the applicant’s presence is not conductive to the public good if the applicant has been convicted of a criminal offence.
The policy may introduce more lenient measures regarding the best interest of the children born and /or brought up in the UK. Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. So, having a child could be a strength for an illegal applicant under Amnesty. Most importantly, the criteria will consider the child’s age, health conditions, upbringing issues and time he / she has spent in the UK,
The policy may consider insurmountable obstacles to the applicant (s) to move and stay outside the UK. Paragraph EX 1(b) of Appendix FM of Immigration Rules defines insurmountable obstacle means as ‘the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner’.
In order to avoid the new entrants who may come merely to benefit from the amnesty, the SSHD may include a requirement of legal entry in the UK until a stipulated time.
Claimed disadvantages of the Amnesty:
There are a number of individuals and organisations that are in disagreement with the PM’s Amnesty potential proposals. There are some common arguments against the idea;
The most common argument against the idea is that this way we will be seen to appreciate the illegal immigrants’ entry to the UK, remaining here and benefitting from the Amnesty Scheme.
It would reward illegal activity and be grossly unfair to migrants who take the time and care to go through the proper channels to secure legal status in the UK. Such a scheme would also likely be extremely expensive for the UK taxpayer.
Overstaying a visa, entering the country illegally or failing to depart, no longer having a legal right to be in the UK, are all criminal offences and punishable by fines and/or imprisonment, according to the Immigration Act 1971. It is an affront to the rule of law and to migrants to follow the correct channels, that a government should reward attempts to circumvent legal requirements.
Amnesties encourage further illegal immigration as those granted amnesty are simply replaced by subsequent waves of illegal immigrants into the black economy who also hope ultimately to remain undetected for long enough to be regularized.
Amnesties are costly in terms of extra benefits and public services they become entitled to.
An amnesty would also likely be costly for taxpayers. A person granted ILR is granted full access to the welfare state – ie, to social security benefits, education, healthcare and social housing.
Potential Benefits for the Amnesty:
The government officials do not have the information on an illegal migrant is and their activity while in the UK. This means that the government may not have any record of them being convicted of a crime or there are reasonable grounds to suspect, meaning it is more likely than not, they have been involved in crime. With the Amnesty Scheme, we will be able to obtain a record of every individual who has considered applying for LTR under the Amnesty Scheme. Therefore, it will be a great step in making Great Britain a safer country.
The Illegal migrants do not contribute towards the country’s economy in terms of Tax payment, National Insurance Contribution, in case of business, Corporation and business taxes. With the Amnesty Scheme these individuals can be geared into a Tax circle – a great contribution to the country’s economy.
Those illegal migrants, who are eager to receive and enjoy the benefits of the Scheme, will of course, have to make a formal application for leave to remain under the anticipated amnesty criteria. There would be a fee payable for the applicants. Currently a standard fee for a Leave to Remain application is £1033.00. It would be another support to the country’s economy.
For almost every application for Leave to Remain (except for the EEA nationals, their family members, and asylum seekers), the applicant’s have to pay Immigration Health Surcharges, also known as IHS. Currently, for standard applications, the IHS is £400.00 per year and for students it is £300.00 per year. So for a standard application for leave to remain for 2 years and 6 months it would be £1000.00. This would be another great support to the economy in general and to the NHS in particular.
Is it really going to happen?
Let’s be honest, the PM’s remarks are unlikely to have an apparent impact upon the UK’s current Immigration policy. There are reasons for this assertion. Firstly, because he will have numerous issues for his immediate attention which he would need to address as a priority. Secondly, he would undoubtedly face strong opposition from his own party, given the party’s historical stance on immigration. Thirdly, the lack of any real detail on Amnesty raises questions about how serious the PM is on this issue.
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The UK Government's Immigration White Paper represents one of the most comprehensive overhauls of the immigration system in recent years. Published in January 2025, it outlines a series of ambitious reforms designed to make the system fairer, more transparent, and more responsive to the needs of the UK economy.
Why the White Paper Matters
The White Paper comes at a time of heightened public debate about immigration levels and the effectiveness of existing visa routes. The Government has stated its intention to reduce net migration while ensuring that the UK remains attractive to high-skilled talent from across the globe.
"The reforms signal a significant shift in how the Home Office will assess applications, with a greater emphasis on economic contribution, integration, and language proficiency."
Key Proposed Changes
- Raising the salary threshold for Skilled Worker visas to reflect updated wage data
- Introducing a stricter points-based assessment for settlement applications
- New requirements around English language proficiency for dependants
- Reforms to the student visa route, including restrictions on switching routes
- A renewed focus on employer compliance and sponsorship licence obligations
- Changes to the Graduate visa route, including a potential reduction in duration
Impact on Employers
Employers who rely on international recruitment will need to review their sponsorship strategies carefully. The White Paper signals tougher compliance requirements, and businesses should ensure their HR and legal processes are robust ahead of any legislative changes.
What Should Applicants Do Now?
If you are currently on a visa or planning to apply, it is important to seek legal advice as early as possible. While many of these changes require legislative action before they come into force, some policy shifts can be implemented quickly through changes to the Immigration Rules.
At Wright Justice Solicitors, our immigration team is closely monitoring these developments and is available to advise you on how the proposed changes may affect your situation.
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