Rights and LimitsSomeone at your doorImmigration enforcement in Scotland — the same UK-wide Act
Immigration enforcement in Scotland — the same UK-wide Act
What you must do, and what you can refuse
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
Not obstruct an immigration officer who is lawfully acting in the execution of this Act.
Immigration Act 1971, s.26(1)(g)
“if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act”
Read it at legislation.gov.ukquote checked 2026-08-31
You can refuse
No penalty for saying no.
The power for an immigration officer to enter and search business premises without a warrant applies only for the purpose of arresting someone for a specific immigration offence, and only with the authority of the Secretary of State or, for a constable, a Chief Superintendent.
Immigration Act 1971, s.28CA(1)(a) and (2)(c)
“a constable or immigration officer may enter and search any business premises for the purpose of arresting a person— for an offence under section 24 — the power under subsection (1) may be exercised only— with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable)”
Read it at legislation.gov.ukquote checked 2026-08-31
Ask to see the written authority itself, and check who signed it and when — it must come from a civil servant of at least Assistant Director rank, and lapses after seven days.
Immigration Act 1971, s.28CA(3)
“authority for the purposes of subsection (2)(c)— may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and—shall expire at the end of the period of seven days beginning with the day on which it is given”
Read it at legislation.gov.ukquote checked 2026-08-31
Immigration is reserved, and the Act does not exclude Scotland
Immigration enforcement is UK-wide law, not a devolved matter, and the Immigration Act 1971 is the statute behind it. Its extent clause declares that the Act “extends to Northern Ireland” without confining the rest of it to England and Wales — the same pattern seen throughout Westminster legislation to signal that Great Britain, Scotland included, is already covered by default.
That means the same two routes into a building — warrant, or a narrower internal authorisation for business premises — apply here exactly as they do south of the border.
Two routes in, neither of them a general power
For business premises, immigration officers can enter to arrest someone for specific immigration offences without a court warrant, using internal authorisation instead. That authority has to come from a civil servant of at least Assistant Director rank, or, for a constable, a Chief Superintendent, and it expires seven days after it is given.
Outside that narrow route, entry requires a warrant. If an officer at the door cannot show either a warrant or a valid, current Assistant Director (or Chief Superintendent) authorisation for a specific business premises, they have no power under this route to come in.
You do not have to open the door or answer questions
Outside a port or airport examination — a different, more sweeping power covered elsewhere on this site — this Act creates no general duty to open your door to an immigration officer or answer their questions on the doorstep.
What is an offence is obstructing an officer who is lawfully acting — someone validly executing a warrant, for example. Not opening the door to an officer with neither a warrant nor a valid authorisation is not obstruction.
Last reviewed 2026-08-31. Next review due 2027-02-28. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.