Immigration advice for people attending protests
Immigration advice for people attending protests
The UK government continues to take increasingly authoritarian measures against protest and protestors.
This includes banning the direct action group Palestine Action under so-called terrorism laws, and introducing more anti-protest measures in (another) Crime and Policing Bill. This follows further anti-protest laws which have been passed in recent years.
Everyone has the right to protest – andprotest is an act, as well as a right. We know that many migrants will continue to take part in protests and to speak out about the issues they care about.
However, people with insecure migration status face different potential risks at protests, and we want to share advice that can help people to be informed about these potential risks and how to stay safe.
Advice for people attending protests
If you have insecure immigration status, and are concerned about attending protests or speaking out online or elsewhere, this guidance is for you.
If you need immigration advice which not covered here, call our advice line on 0800 160 1004. Our advice line runs between 10am and 12pm on Monday, Tuesday and Thursday. All advice is free of charge and confidential.
Can my immigration status or future applications be affected if I am arrested or stopped at a protest?
Yes, it is possible, although very unlikely, if you are only stopped or arrested.
Most applications for leave to remain, including for indefinite leave to remain (settlement) and British citizenship have ‘suitability requirements.’ Citizenship applications also have ‘good character’ requirements.
These requirements look at convictions, and also other actions which the Home Office could say show that you “pose a threat to UK society”. This is a high threshold, but you should be aware of the potential risk.
Can my immigration status be affected if I am convicted following a protest?
Yes, it is possible for the Home Office to cancel your leave to remain, or refuse to renew your leave, if you are convicted of an offence.
Applications for indefinite leave to remain (ILR) will be refused if someone has been convicted of an offence within a certain time period (with a custodial or non-custodial sentence). The time limits for refusing ILR will depend on the length of the sentence.¹
If you have leave to remain as a refugee or under Article 3 of the European Convention on Human Rights (ECHR), you will not be at risk of removal from the UK, but the conditions of your leave could be affected.
Can I be arrested at a protest for not having status?
Yes. If the police stop you at a protest and find out that you do not have immigration status, you can be arrested. The police can share your information with the Home Office.
Remember, if the police just stop you, you do not have to answer their questions or give your details (unless the police say you are acting in an anti-social manner). If they ask for your details, ask them why.
Can I be taken to immigration detention from a protest if I do have status?
People who can prove they have valid immigration status cannot legally be detained.
However, even if you do not have status, there are limits on when you can be lawfully detained. If you are detained, you should seek legal advice and consider making a bail application or a judicial review claim for unlawful detention.
Can I be deported if I’m arrested at a protest?
You are usually only at risk of deportation if you have been convicted of a criminal offence, and a deportation order is then made against you, not just arrested.
If you are convicted and get a prison sentence of 12 months or more, the Home Office will automatically try to deport you. If you have previous convictions, even a minor new conviction can trigger deportation if it means you’ve been sentenced to a total of 12 months or more in prison in total.
You can challenge any decision to deport you. If this happens, please seek legal advice as soon as possible.
Do I have to answer questions from the police if I am stopped at a protest?
If you are questioned by the police, you have the right not to respond, and not to provide your details (unless the police say you are engaging in “anti-social behaviour”).² This means you do not have to provide your name, address or immigration status.
You can’t be arrested just because you refuse to provide your details.
Remember that the police often share information with the Home Office.
Should I accept a caution?
No. A caution becomes part of your criminal record. Accepting a caution is an admission of guilt. A caution can be considered by the Home Office when assessing “good character” for citizenship applications. A caution will also affect ILR applications. Seek legal advice first.
Protests at ports and airports
Where a protest takes place at a port or airport, Schedule 7 of the Terrorism Act 2000 provides stop and detention powers to the police. Police can stop, question and/or detain people without any reasonable suspicion, to work out whether they are likely to be engaged in acts of terrorism.³
How can I stay safe at protests?
If you can, try to find out beforehand if anything risky is being planned (for example, a direct action).
Try not to arrive or leave a protest alone.
If you have trusted contacts who are British citizens, they can act in solidarity and stand between you and any police at the protest.
Always be prepared to film the police using a live stream if possible. Where you see them approaching you, start filming and warn them that you will be filming them
Try not to carry any documents with you that might identify you.
Solicitors’ details
Here is a list of recommended solicitors from Green and Black Cross, who are experienced at dealing with cases surrounding police and protest.
Here is another list from Netpol.
You are entitled to free legal advice inside a police station, and can ask for one of the criminal solicitors on the list.
The ban on Palestine Action
On 5 July 2025 the UK government banned (proscribed) Palestine Action, a direct action group, under the Terrorism Act 2000 . On 30 July 2025, the High Court gave permission for Palestine Action to challenge the proscription.
We are planning to address the proscription of Palestine Action in further guidance.
In the meantime, CAGE International have produced information about the proscription and people’s right to protest here: https://www.cage.ngo/articles/know-your-rights-palestine-action-proscription
Footnotes
1 Currently, Home Office guidance requires applications for ILR to be refused where: there is a non-custodial sentence in the last 24 months; a sentence of less than 12 months in the last seven years; a sentence of 12-48 months in the last 15 years; for sentences over 4 years, there is no time limit.
2 You can read more about the law on anti-social behaviour here https://netpol.org/2013/05/03/your-rights-and-section-50-police-reform-act/ Under section 50 of the Police Reform Act the police have powers to take your name and address (not date of birth) if they reasonably believe you have acted in an anti-social manner. Anti-social behaviour (ASB) is defined as doing something likely to cause harassment, alarm or distress to others.
3 More information about the Schedule 7 power is here –
https://www.statewatch.org/media/documents/news/2015/aug/uk-schedule-7-stopwatch-factsheet.pdf