All arrivals to the UK are subject to identity checks carried out by the Home Office, usually the person’s passport. For those who arrive in the UK irregularly, a distinction is drawn between “arriving passengers” which includes those who have been rescued at sea (for example by Border Force or the Royal National Lifeboat Institution) and who do not attempt to abscond when brought to shore, and illegal entrants[1] to the UK.[2]
Illegal entrants will not be granted leave to enter the UK and those detained on arrival or granted immigration bail are not considered to have entered the UK.[3] Small boat arrivals deemed “arriving passengers” will also be detained pending the immigration examination.[4]
Welfare and safety checks are completed first and Home Office guidance acknowledges that for those rescued at sea that may mean that it is not possible to immediately carry out the immigration examination. Welfare checks include consideration of whether there are any indicators of trafficking. Where the person is identified as a vulnerable adult or an unaccompanied child, a detailed welfare assessment will be carried out. After those checks, the migrant will be administratively arrested and transported to the place of detention such as a police station or immigration short-term holding facility where the immigration examination will be carried out.[5]
After arrest, officers can carry out a body search where they have reasonable grounds to believe the person has documents related to their identity, nationality or journey on them. The Illegal Migration Act 2023 amended Section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 to provide that a failure to provide an identity document without reasonable explanation will be treated as designed or likely to conceal information and will damage the person’s credibility.
People who arrive irregularly are subject to initial identity checks and checks against immigration and police databases.[6] This includes the taking of fingerprints.[7] Illegal entrants can be photographed once served with a notice of liability to removal.[8] The person can claim asylum at any point in this process, it does not affect the need to carry out the checks, and they will be given their screening interview shortly afterwards.
[1]Immigration Act 1971, s 33(1).
[2] Home Office guidance, ‘Irregular or unlawful entry and arrival’ updated 3 February 2026, available here.
[3] Immigration Act 1971, s 11(1).
[4] Immigration Act 1971, para 16(1) of sch 2.
[5] Home Office guidance, ‘Irregular or unlawful entry and arrival’ updated 3 February 2026, available here.
[6] Ibid.
[7] Immigration and Asylum Act 1999, s 141.
[8] Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021, s 2(7)(d).