🌍 Immigration Rights Guide
Immigration Rights in the UK: Status, Visas & Protections in 2026
Not sure about your immigration status, rights to work, or what to do if you receive a Home Office notice? This guide explains the basics of UK immigration rights, the status system, and where to get specialist help.
✅ Last verified: July 2026📚 Sources: GOV.UK, UKCISA, Migrants' Rights Network🇬🇧 Applies across the UK
⚖ Know Your Rights at a Glance
- Right to work checks: Employers must check your right to work before hiring you. Unlawful discrimination on the basis of nationality in these checks is illegal.
- Biometric Residence Permit (BRP) / eVisa: From 2025, most immigration status is digital (eVisa). Physical BRPs are being phased out.
- EU Settlement Scheme: EU, EEA and Swiss nationals who applied before the June 2021 deadline should have either Settled or Pre-settled Status. Late applications are still being considered on a case-by-case basis.
- Right to rent: Landlords in England must check your immigration status before renting to you. Discrimination in these checks is unlawful.
- No Recourse to Public Funds (NRPF): Many people on time-limited visas cannot claim most welfare benefits — but exceptions exist for some humanitarian situations.
- Always get specialist immigration legal advice — immigration law is highly complex and errors can have life-changing consequences.
Understanding your immigration status
UK immigration status broadly falls into these categories:
- British citizen: Full rights, including the right to vote, work and live in the UK without restriction
- Indefinite Leave to Remain (ILR) / Settled Status: Right to live and work in the UK indefinitely. Can apply for naturalisation after a qualifying period.
- Pre-Settled Status (EU Settlement Scheme): Time-limited status — must be extended or upgraded to Settled Status
- Limited Leave to Remain: A visa with a specific expiry date. Must apply to extend or change category before it expires
- No time limit on leave / Stamp 4: Older form of ILR — check whether you need to apply for a BRP or confirm status digitally
Right to work and employer checks
Employers must check that you have the right to work in the UK before you start employment. They must not discriminate on the basis of nationality in how they conduct these checks.
If you have an eVisa (digital status), you can share a right to work code with your employer via gov.uk — you do not need a physical document. If your employer insists on a physical document you no longer have, point them to gov.uk guidance on checking digital status.
Working without the right to do so is a criminal offence. If your visa does not permit work, check carefully before accepting any employment.
EU Settlement Scheme
EU, EEA and Swiss nationals who were resident in the UK before 31 December 2020 were required to apply to the EU Settlement Scheme by 30 June 2021. If you missed this deadline:
- Late applications are still being considered where there are reasonable grounds for missing the deadline
- Children who were previously covered by a parent's status may need their own application
- Pre-Settled Status holders must apply to upgrade to Settled Status before their status expires
If your application was refused or you're in difficulty, contact the EUSS Resolution Centre or a specialist immigration adviser.
No Recourse to Public Funds (NRPF)
Many people on time-limited visas have an NRPF condition attached — meaning they cannot claim most public funds, including Universal Credit, Housing Benefit, and most other means-tested benefits.
However, NRPF does not prevent you from:
- Accessing the NHS (free at point of use for most purposes)
- Accessing free education for children
- Accessing certain emergency services
- Applying for a change of conditions if you face destitution (possible in some cases with a specialist immigration lawyer)
Some local authorities may provide emergency support to NRPF families with children under their Children Act duties — this is complex and varies by council.
1
Check your current immigration statusLog into your UKVI account or use the "view and prove your immigration status" service at gov.uk to check your current status and rights.
2
Apply to extend or vary your leave before it expiresOverstaying a visa is a criminal offence with serious consequences. Apply in good time — usually at least 3 months before expiry for most visa types.
3
Get specialist immigration legal advice before taking any major stepImmigration law is complex. A mistake on a visa application or appeal can have severe consequences. Use a solicitor regulated by the SRA or an adviser regulated by the OISC.
4
Know your right to work before you start a jobYou can check and share your right to work with an employer at gov.uk/prove-right-to-work. If your employer is asking for documents you don't have, refer them to gov.uk guidance on digital status checks.
5
Contact Migrant Help or the AIRE Centre if in difficultyFree specialist advice is available — see help box below.
Frequently asked questions
I have Pre-Settled Status — do I need to do anything?
Yes. Pre-Settled Status is time-limited. You must apply to upgrade to Settled Status before it expires. Check your status at gov.uk and apply when you're eligible (usually after 5 years of continuous residence).
My employer won't hire me because of my visa — is that discrimination?
Employers must check your right to work, but they cannot discriminate on grounds of race or nationality in how they conduct those checks. If you have the right to work and are refused employment specifically because of your nationality rather than your status, that may be race discrimination.
What are my rights if I'm detained by the Home Office?
You have the right to legal representation and to contact a solicitor. UNHCR and Detention Action provide support to people in immigration detention. Always request a solicitor immediately.
Can I work on a student visa?
Student visas usually permit some work — typically up to 20 hours per week during term time and full-time in vacations. Check the exact conditions on your visa, as working beyond your permitted hours is a breach of your visa conditions.
What is indefinite leave to remain (ILR)?
ILR (also called Settlement) gives you the right to live and work in the UK without time restriction. Once you have ILR, you can usually apply for British citizenship after a further 12 months (or sooner in some cases).
Is my NRPF condition permanent?
Not necessarily. In some cases, people with NRPF conditions can apply to have the condition lifted — particularly if they can demonstrate destitution. This requires specialist immigration legal advice.
What is the EUSS Resolution Centre?
The EU Settlement Scheme Resolution Centre (0300 123 7379) helps EU nationals with problems or queries about their EUSS application or status. It is separate from the main UKVI process.
📞 Free help and support
Migrant Help: 0808 8000 630 — free advice for migrants and asylum seekers
AIRE Centre: airecentre.org — specialist immigration legal advice
Citizens Advice: 0800 144 8848
EUSS Resolution Centre: 0300 123 7379
⚠ Important disclaimer: This guide covers UK immigration rights as at July 2026. Immigration law is highly complex and changes frequently — always verify with a specialist adviser. General legal information only — not legal advice. Verify with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Not a law firm.