Does an immigration officer need a warrant to enter a client’s home address?

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Produced in partnership with Gary McIndoe of Latitude Law

Published on: 04 August 2017

immigration officers have wide—but far from unlimited—statutory powers to enter an individual’s home without a warrant issued by a JP or (in Scotland) a sheriff.

Powers derive primarily from the Immigration Act 1971 (IA 1971) and have been amended multiple times over the years in order to widen powers of entry and arrest for immigration officers.

An immigration officer has the power to enter and search, without a warrant but importantly with the authorisation of a chief immigration officer or above, any premises where they believe on reasonable grounds that a suspect is, in order to make an arrest for a range of suspected offences. What amounts to ‘reasonable grounds’ is an objective test, with the

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Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).

Jurisdiction(s):

United Kingdom

Key definition:

Immigration officers definition

What does Immigration officers mean?

Officers appointed by the Secretary of State under the Immigration Act 1971, Sch 2, para 1 to assist in the administration of immigration control.

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