Illegal entrant meaning

In practice, an illegal entrant is someone who enters or seeks to enter the UK unlawfully—for example, in breach of a deportation order, without leave under the immigration laws, or where entry is procured by deception (including deception by another person). The term is defined in section 33(1) of the Immigration Act 1971 and includes a person who has already entered. The classification is significant for immigration enforcement: identifying a person as an illegal entrant engages Home Office/UKVI powers to examine, detain and remove under the 1971 Act (notably Schedule 2), and may ground criminal liability where the person knowingly enters in breach of immigration law. It is distinct from overstaying, which concerns a person who entered lawfully but remains after their leave expires. Usage is consistent across England & Wales, Scotland and Northern Ireland, reflecting the 1971 Act definition. In Ireland, “illegal entrant” is not a defined statutory term of art; practitioners typically refer to a non‑national who enters or is present contrary to the Immigration Act 2004, or who breaches a deportation order under the Immigration Act 1999. The Irish usage is descriptive, whereas in the UK it is a specific statutory concept.