No, people entering U.K. illegally do not get 'jobs, free healthcare, & other benefits'

What is the claim?

A screenshot circulating on social media claims that entering the United Kingdom (U.K.) illegally comes with no penalties but instead offers free housing, healthcare, clothing, food, education, and a choice between a job or money. This is contrasted with severe penalties in other countries: six months imprisonment and caning in Singapore, two years of labor in Russia, 10 years imprisonment in Pakistan, eight years imprisonment in India, and the death penalty in North Korea.

A Facebook user in the U.K. shared this screenshot criticizing the government, while a similar claim gained traction on X (formerly Twitter). One X user stated, “Word has spread across the Third World that if you can travel to Britain, you will be rewarded with endless benefits and housing. This generous approach acts like a magnet to hundreds of millions of people across the Third World. This has to be stopped, but...”

Screenshots of social media posts misleadingly claming that all people entering the U.K. illegally get free jobs and other benefits. (Source: Screenshots/X/Facebook/Modified by Logically Facts)

Archived versions of such posts can be found here and here. 

The penalties cited for illegal entry in Singapore, Russia, Pakistan, and India are mostly accurate. North Korea's penalties vary unofficially from labor to imprisonment. However, the claim about benefits for illegal entrants in the U.K. is misleading.

What are the facts?

According to the U.K. government website and advice from the Home Office (a ministerial department), illegally entering the U.K. is a criminal offense punishable by up to four years in jail and deportation under the Immigration Act 1971.

People entering illegally cannot rent accommodation, may be charged for healthcare, and are barred from working, earning, claiming benefits, or studying. They also have no access to public funds, according to U.K. government guidelines.

If someone has no right to be in the U.K., they cannot claim public funds. According to the public funds section of the U.K. government, those without permission to be in the country cannot access most benefits, tax credits, or housing assistance due to the NRPF (no recourse to public funds) condition.

Rob McNeil, Deputy Director of the Migration Observatory at the University of Oxford, told Logically Facts, “International conventions on the treatment of refugees, such as the Refugee Convention, acknowledge that people fleeing violence and persecution may well do so without the correct documentation and, therefore should not be punished for irregular entry. If people believe they are covered by these conventions and claim asylum, then under international law, they should not be prosecuted.”

Asylum and mainstream benefits

People arriving through both legal and illegal routes can apply for asylum. To be eligible, one must have left their country and be unable to return because they fear persecution.

McNeil stated, “Claiming asylum is not dependent on whether you arrived through regular channels: it is a global system designed to protect people from persecution. Many people who claim asylum around the world do so after entering a country without legal permission. If you have legal permission to enter a country, you may have no need to claim asylum there, because you are already safe. Once someone's claim for asylum has been approved, they are classed as a refugee and have the right to work and claim mainstream benefits, like other settled U.K. residents.”

According to the ‘Asylum support’ section of the government website, people who have applied for asylum and are awaiting a decision can ask for a place to live, a cash allowance, or both, and may get free National Health Service (NHS) healthcare.

McNeil added, “(Asylum seekers) are not allowed to work unless they are given special permission and are working in a specific occupation covered by the Immigration Salary List (formerly called the shortage occupation list).”

Illegal Migration Act 2023

In March 2023, the "Illegal Migration Bill" was enacted in the U.K. to curb small boat crossings of the English Channel. It renders asylum claims inadmissible for those arriving irregularly, allowing indefinite detention and potential removal to their home country or a "safe third country." Implemented on July 20, 2023, the bill aims to establish safe and legal routes for asylum seekers in collaboration with the United Nations High Commissioner for Refugees.

Under the Illegal Migration Act, those arriving by small boats or clandestine means are ineligible for asylum in the U.K. Currently, Rwanda is the only country agreed upon for processing, though transfers have not yet commenced, leaving new asylum seekers in legal uncertainty, McNeil explained. 

Since March 2023, approximately 40,000 people have illegally entered the U.K., prompting criticism from refugee charities, the United Nations, and opposition parties who fear it could effectively ban asylum in the U.K.

The verdict

Approved asylum seekers can access benefits, but illegal entry remains a criminal offense in the U.K. Contrary to claims, there are strict penalties and restrictions for those entering illegally. The Illegal Migration Act 2023 underscores this stance, aiming to deter irregular arrivals.

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