Prime Minister Boris Johnson has stated that "the UK should look at the economic advantages and disadvantages of an amnesty for undocumented migrants." He further remarked: "It is absolutely true that I have raised it several times since I was in Government... 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."

What Is an Immigration Amnesty?

In general terms, amnesty refers to an official pardon by the government for people convicted of particular offences. In the immigration context, amnesty means the process of granting legal immigration status to persons who are in the United Kingdom without lawful status.

International Precedents

Several developed nations have implemented immigration amnesties:

• Spain (2005): Applicants needed to prove entry before August 2004, hold a job contract, have no criminal record, and register as taxpayers. Tens of thousands queued at local offices to submit documentation.
• Ireland (2018): A "regularisation scheme" allowed undocumented former international students (who entered between 2005-2010) to apply for legal status, following a Supreme Court judgment on family and privacy rights under the European Convention on Human Rights.

Scale of the Issue in the UK

According to research by the London School of Economics (LSE), the number of undocumented migrants in the UK is estimated between 417,000 and 863,000, including between 44,000 and 144,000 UK-born children. The Prime Minister's proposal could potentially regularise the status of approximately half a million individuals.

Potential Criteria for a UK Amnesty Scheme

While no formal framework has been published, the Secretary of State for the Home Department (SSHD) would likely consider the following factors:

1. Length of Residence

Currently, under paragraph 276ADE(1)(vi) of the Immigration Rules, an applicant may apply for leave to remain on the basis of private life after 20 years' continuous residence. An amnesty scheme might reduce this threshold significantly.

2. Good Character & Criminal Record

Applicants would likely need a clean criminal record. Under Appendix FM (S-LTR 1.1 to 3.1 / S-ILR 1.1 to 3.1) and Appendix V (V 3.4 / V 3.4A), applications can be refused if the applicant's presence is not conducive to the public good due to criminal convictions.

3. Best Interests of Children

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to safeguard and promote the welfare of children. Having UK-born or UK-raised children could strengthen an application, with consideration given to the child's age, health, upbringing, and time spent in the UK.

4. Insurmountable Obstacles

Paragraph EX.1(b) of Appendix FM defines "insurmountable obstacles" as very significant difficulties that would be faced by the applicant or their partner in continuing family life outside the UK, which could not be overcome without serious hardship.

5. Date of Entry

To prevent abuse, the scheme may require applicants to have entered the UK legally (or by a specified cut-off date) to qualify, discouraging new irregular arrivals seeking to benefit.

Arguments Against an Amnesty

1. It may be perceived as rewarding illegal entry and overstaying, undermining respect for immigration controls.
2. It could be seen as unfair to migrants who have followed legal routes and waited patiently for status.
3. Overstaying and illegal entry are criminal offences under the Immigration Act 1971; regularisation may appear to contradict the rule of law.
4. Amnesties may encourage further irregular migration, as individuals hope future schemes will regularise their status.
5. Granting ILR provides full access to welfare benefits, healthcare, education, and social housing, potentially increasing public expenditure.
6. Administrative costs of processing large-scale applications could be substantial for taxpayers.

Potential Benefits of an Amnesty

1. Enhanced Security: Bringing undocumented individuals into the formal system allows authorities to verify identities, conduct background checks, and improve public safety.
2. Economic Contribution: Regularised migrants can pay Income Tax, National Insurance, and (if self-employed) Corporation Tax, boosting public revenues.
3. Application Fees: With current Leave to Remain fees at £1,033, a large-scale scheme would generate significant revenue.
4. Immigration Health Surcharge (IHS): Applicants typically pay £400/year (£300 for students). A 2.5-year grant would generate ~£1,000 per person, supporting the NHS.
5. Social Integration: Legal status enables access to education, training, and formal employment, promoting long-term integration and reducing exploitation.

Will It Happen?

While the Prime Minister's comments have sparked important debate, several factors suggest implementation is uncertain:

• Competing governmental priorities may delay or deprioritise such a complex policy initiative.
• Strong opposition within the governing party, given its historical stance on immigration control, could limit political appetite.
• The absence of detailed proposals raises questions about the seriousness and feasibility of the idea.

For now, the proposal remains a topic of discussion rather than imminent policy. Applicants and advisors should monitor official Home Office communications for any formal consultation or legislative developments.

How We Can Help

At Wright Justice Solicitors, our Immigration and Asylum Department provides expert, confidential advice on all aspects of UK immigration law, including:

• Applications for Leave to Remain and Indefinite Leave to Remain
• Private life and family life claims under Appendix FM
• Human rights arguments under Article 8 ECHR
• Advice for undocumented individuals and those at risk of overstaying

Contact Mr. M Tahir Abdullah on 0121 772 4512 or visit our offices in the Midlands for a confidential consultation.