The Illegal Migration Act 2023 was designed to stop people who arrive in the UK irregularly, such as by small boat, from claiming asylum. Much of it was never brought into force, and its central measures, including the duty to remove, were repealed by the Border Security, Asylum and Immigration Act 2025. Some parts still apply. For people applying for work, family, study or visit visas through normal routes, the Act changes very little.
- The Act became law in July 2023, but many of its provisions were never commenced.
- The Border Security, Asylum and Immigration Act 2025, which received Royal Assent on 2 December 2025, repealed the duty to remove and the Rwanda-linked measures.
- Expanded detention powers, limits on modern slavery protection and the list of countries whose claims can be treated as inadmissible were kept.
- It does not affect lawful visa applications, but past immigration history still matters under the normal refusal rules.
What was the Illegal Migration Act 2023?
The Act placed a legal duty on the Home Secretary to remove people who arrived in the UK without permission, and treated their asylum claims as inadmissible, regardless of merit. It also limited modern slavery support, expanded detention powers and introduced a bar on future permission and citizenship for people removed under it.
What was repealed in 2025?
- The duty to remove everyone who met the arrival conditions.
- Mandatory inadmissibility linked to that duty, and the measures designed to support removals to Rwanda. The Safety of Rwanda (Asylum and Immigration) Act 2024 was repealed in full.
- The Home Office power to accommodate unaccompanied children, which returned to local authorities.
Some restrictions on future permission and citizenship for people who entered irregularly were rewritten into the 2025 Act rather than removed entirely.
What still applies
- Expanded detention powers, allowing detention for as long as the Home Secretary considers reasonably necessary.
- Limits on modern slavery protection for some people who arrive irregularly.
- The list of safe countries whose nationals’ asylum and human rights claims can be treated as inadmissible.
- The annual cap on people admitted through safe and legal routes.
Does it affect my visa application?
If you are applying for a Skilled Worker, spouse, student, visit visa or ILR through the normal process, the Act does not change the requirements you must meet. What does matter is your immigration history. A past overstay, illegal entry, breach of conditions or deception can lead to refusal under the general grounds for refusal in Part 9 of the Immigration Rules.
If your history includes any of these, get advice before you apply, so the application deals with it openly.
IAUK does not handle asylum claims, detention cases or appeals that need representation in court. Where your case needs a higher level of regulation, we review it and refer you to a regulated immigration solicitor or Level 3 adviser. How IAA advisers and solicitors differ.
Worried your history could affect a visa application?
Tell us about your situation. An IAUK adviser will explain how the rules apply to you and whether your application can go ahead.
Frequently asked questions
Is the Illegal Migration Act still in force?
Partly. Its core duty to remove was repealed by the Border Security, Asylum and Immigration Act 2025, but several provisions, including expanded detention powers and modern slavery limits, remain.
Does the Illegal Migration Act affect people applying for visas legally?
No. It targets irregular arrival. Lawful visa applications are decided under the normal Immigration Rules.
What replaced the Illegal Migration Act?
The Border Security, Asylum and Immigration Act 2025 repealed large parts of it and added new border security offences and powers.
Last reviewed: October 2026. This article is general information, not advice on your individual case.