In the United Kingdom, there appears to be a lot of misinformation regarding the ability of undocumented migrants to receive government aid. Among the replies to this is a mention that undocumented migrants do not, in general, claim social security and tax credits as they have no legal right to reside within the United Kingdom. Benefits and funds available to the people should be restricted to those who are citizens of the United Kingdom of legal residence or immigration status. Public funds like Universal Credit, Jobseeker Allowance, and Housing Benefit do not purport to check and enact the laws of immigration control, and hence, status claimants are not entitled to receive them. In Britain, the welfare system is structured to exclude an individual without legal status, to manage public resources, and to prevent illegal immigration.
What is an illegal immigrant?
An illegal immigrant within the UK is a person who lives in the UK without proper authorization or a valid immigration status. There are four primary methods through which an individual becomes an illegal immigrant in the UK:
Entering the UK lawfully on a visa, but then overstaying beyond the allowable period.
Entering the UK illegally, including the crossing of boundaries by smugglers or with fake documentation.
Staying in the UK after a refusal of asylum, and all avenues of appeal have been used up.
Being born in the UK to parents who themselves are not legally present in the country, because the UK does not grant citizenship based on place of birth.
Illegal immigrants tend to live and work in insecure conditions. They are prohibited from working
legally, accessing government benefits, renting a place to stay, opening bank accounts, or having access to a lot of the public services like secondary healthcare beyond rudimentary GP visits.
They are at risk of being detected, imprisoned, and deported by the immigration police. The policies of a hostile environment, which were enacted in the 2010s, have tightened the constraints on illegal immigrants by instructing the service providers (employers, landlords, banks) to check the immigration status and deny services to those who are not legally allowed to work in the country. The issue with estimating the number of illegal immigrants in the UK is that they remain in the shadows, and there are no records of these people.
Earlier estimates were between 310,000 and 900,000, of whom the children of illegal immigrants were also born in the UK. It has been estimated that there are a considerable number of illegal immigrants in London, with some estimates putting the figure at approximately one in twelve people in London.
Many illegal immigrants initially enter the UK legally but lose status by overstaying. Refused asylum seekers who do not leave also contribute to this population. The government cannot precisely quantify visa overstayers due to data limitations, but estimates compliance rates around 96% as of recent available data. Enforcement actions include returns (deportations and voluntary departures) of people without a legal right to remain, which have increased in recent years. Regularization routes for illegal immigrants in the UK exist, but are limited. Long-term residence (20 years continuously) can be a basis for applying for legal status. Some may apply on human rights grounds related to family life, but such cases are rare and difficult to succeed in. The UK has never had a general amnesty for all illegal immigrants, although there have been some targeted regularization programs for specific groups.
What support can illegal immigrants access?
Without legal immigration status, the access of illegally established immigrants to government support and funds is very limited in the UK. But some kinds of support and services are available to them in special situations:
1. Poor access to public benefits
Unlawful immigrants do not typically have access to standard social security provisions like Universal Credit, Jobseeker allowance, Housing Benefit, or tax credits. All these benefits demand that an individual possesses legal residency and eligibility to receive public funds.
2. Healthcare
Although access to NHS healthcare services is certainly limited when it comes to illegal immigrants, access to emergency and urgent medical services is not dependent on immigration status. Primary care services, including treatment of infectious diseases, maternity care, and emergency treatment, are offered by the NHS, but in certain situations, there is a fee, particularly when the case is not an emergency.
3. Asylum support
Asylum is granted to those who are seeking asylum formally and whose cases are undergoing processing and are entitled to asylum support, which includes accommodation and a small allowance per week to live. This generous treatment is not equal to mainstream benefits and is provided to asylum seekers and not to illegal immigrants who have not sought asylum.
4. Education
Children are subjected to free learning at primary and secondary school levels in the UK, even in the absence of legal status. It is a legal right and it does not depend on the immigration status.
5. Charitable and community support.
Different non-profits and charity groups provide help, like food, shelter, legal counsel, and healthcare referrals to undocumented immigrants. The support plugs at least some gaps left by government restrictions and works to safeguard vulnerable people.
6. No access to housing benefits or secure housing
Illegal immigrants cannot claim housing benefits or secure social housing. Many end up living in insecure or overcrowded accommodation, often at risk of exploitation.
Why are illegal immigrants barred from benefits?
The fact that illegal immigrants lack legal immigration status in the UK means that they do not have access to benefits and many of the public services provided in the UK. The immigration policies of the country demand that an individual must possess a legal status in the country in order to access welfare benefits such as Universal Credit, housing, and jobseeker allowances. This limitation is a major aspect of the government’s policies of creating a hostile environment that will discourage illegal migration by increasing the difficulty of life and employment for illegal immigrants in the UK.
Since benefits require evidence of legal status, illegal immigrants risk sharing the information and being detected and deported in case they do so. Essential services such as emergency healthcare and children’s education have not been restricted, although with these restrictions, they are still provided. All in all, such actions would ensure the preservation of national resources among legal citizens and deter the benefits of remaining unlawful.
Consequences and realities of not getting benefits
The consequences and realities of not getting benefits for illegal immigrants in the UK are harsh and challenging. Since they are barred from claiming mainstream welfare benefits like Universal Credit, housing support, or jobseekers’ allowance, many illegal immigrants live in precarious and vulnerable conditions. Without access to social housing or housing benefits, they often reside in overcrowded, insecure, or substandard accommodation, sometimes risking homelessness.
Lack of work opportunities leaves no option but offering services on a higher level of exploitation, by making them vulnerable to ill treatment from employers and landlords due to abuse, and access to healthcare outside of uniquely defined services by public bodies, or further treatment, including unsupported healthcare and a substantial set of public services, if any, aggravate the suffering a lot. Even paid delivery of banking services and the right to drive a vehicle are the privileges of society, set aside, for illegal immigrants to them, a sanction of discrimination, and more so, the “hostile environment” policies mandating prosecutions of these borders, not so unusual, but crossing is perceived as illegal, so, of a more harsh and precarious space, more severe conditions, are rather commonplace.
It is worth mentioning that within this framework the broad contours of at least some civilization are perceptible, including assistance in educational pursuits for minors, as well as the provisions of asylum, or else, the applicable sanction in case a person is not a citizen, or a pointer on the map to determine the absence of borders, of the so-called undocumented people, is found.
All that said, within this framework, it is worth mentioning that the specific contours of civilization are perceived to be present, and more so not marked are regarded to a larger extent as centers of cosmopolitism in legal absence.
How are asylum seekers and refugees treated differently?
The first issues that come up when treating asylum seekers and refugees in the UK arise from the different legal statuses and legal rights which each person enjoys. An asylum seeker is a person whose protective claim in the UK is yet to be determined. Self-sufficiency at this stage is work is out of the question and is certainly aided by the absence of any form of government support, which includes the provision of accommodation and a welfare allowance which amounts to approximately £49.18. They too enjoy free NHS healthcare, and their children are entitled to go to school.
But when waiting, asylum seekers are restricted and uncertain, and can sometimes take months or even years. On one hand, the refugees are the people whose claims to asylum have been granted, thus becoming refugees in official terms. Refugees are entitled to work freely in the UK and can receive mainstream social security benefits, housing benefits, and other state services on just the same terms as UK nationals. When identified, they are allowed to remain legally (usually for five years), after which they are allowed to seek permanent residence. Refugees should move out of asylum accommodation within 28 days of status granting, although they often have difficulties finding permanent accommodation.
Encouraging legal residency for access to benefits
Maintaining a legal status is crucial for accessing social support and stability in the UK. Nationals who hold ILR or are permanently resident need not, from an immigration standpoint, face restrictions and can live, work, and study in the UK permanently. After obtaining ILR, an individual is no longer bound by immigration constraints and can access a wide array of community assets and social services, which include, but are not limited to, free medical care, housing subsidies, tax refunds, as well as welfare protection available to British citizens.
Citizenship applicants generally need to have spent five years in the UK since their lawful arrival, have satisfied the English language proficiency requirements, and successfully pass the Life in the UK test to be eligible to receive ILR. British citizenship is also possible for legal residence. Having a legal status provides people with full access to society and social benefits and protects them from being taken advantage of. Legal residency is a positive step forward that will strengthen individuals and society as a whole and provide inclusion, economic contributions, and social stability.