The United Kingdom has introduced a new criminal offence targeting the online promotion of unlawful immigration services online, following the publication of official guidance for law enforcement under the Border Security, Asylum and Immigration Act 2025.
According to an announcement issued for Home Office staff, the measure is designed to strengthen border security by giving police and prosecutors expanded powers to pursue individuals or organisations that create or publish material intended to facilitate immigration offences through internet-based platforms.
What Has Changed
Section 17 of the Border Security, Asylum and Immigration Act 2025 establishes a specific offence covering the creation or publication of material whose purpose or effect is to promote unlawful immigration services online.
The guidance confirms that liability applies where a person creates, publishes, or causes the publication of such material, knowing or having reason to suspect that it will be made available on an internet service. The offence applies across the UK and can extend to conduct carried out overseas.
This is the first version of the operational guidance and was published for Home Office staff on 2 February 2026.
Background and Policy Context
The government has stated that the legislation forms part of a broader effort to disrupt organised immigration crime. Officials describe unlawful immigration services as activities intended to help individuals breach immigration law or commit related offences, including those involving false or fraudulent identity documents.
The guidance links the new offence to existing immigration and identity legislation, including the Immigration Act 1971 and the Identity Documents Act 2010. It clarifies that the offence is focused on those actively promoting illegal services rather than on legitimate discussion or reporting.
Who Is Affected
The offence applies to individuals, companies, partnerships, and other bodies that publish or cause the publication of material promoting unlawful immigration services online. Senior personnel, such as directors or managers, may also be liable if an offence is committed with their consent or approval.
Internet service providers, including social media platforms and search engines, are afforded liability protections when they act solely as technical conduits or promptly remove unlawful content once aware of it. Journalists and academics are explicitly covered by statutory and common law defences where material is published for reporting, research, or analysis.
Penalties and Jurisdiction
The guidance sets out potential penalties ranging from fines to imprisonment. On indictment, courts across England, Wales, Scotland, and Northern Ireland may impose custodial sentences of up to five years.
The offence carries extraterritorial reach, allowing UK authorities to pursue cases where material promoting unlawful immigration services online is created or published outside the UK but accessible within it.
Official Sources
The guidance was issued by the UK Home Office and relates directly to provisions within the Border Security, Asylum and Immigration Act 2025. It also references the Criminal Procedure (Scotland) Act 1995, the Territorial Waters Jurisdiction Act 1878, and the Identity Documents Act 2010 as part of the wider legal framework.
Update Note
This article reflects version 1.0 of the Home Office guidance, published on 2 February 2026. No previous versions exist.