Illegal immigration and crime statistics: FOI release

Information requested

1. Population Figures & Geographic Distribution

The most recent estimates or recorded figures of illegal immigrants in Scotland.

A breakdown by local authority area, if available.

2. Criminal Background & Public Safety

The number of such individuals known to have criminal convictions in their country of origin, specifying the nature of those convictions.

Recorded offences committed by illegal immigrants in Scotland since arrival.

Any risk assessments undertaken to assess public safety implications.

3. Public Communication & Transparency

Reasons why no public conferences, briefings, or updates have been held to inform Scottish residents about the presence, status, or activities of illegal immigrants in local communities.

Copies of internal communications or reports concerning decisions to limit public awareness.

4. Government Support & Entitlements Provided

Please furnish full details, including policy documents or eligibility criteria, for support or services provided to individuals without legal immigration status, including but not limited to:

Free or subsidised transport (e.g., bus passes).

Cash cards, food cards, or direct financial support.

Access to full education (primary, secondary, tertiary).

Access to NHS healthcare, dental treatment, specialist services.

Housing, emergency accommodation, or boarding arrangements.

Issuance of photographic ID, passports, driving licences.

Authorisation to work in regulated sectors (e.g., taxi driving) without standard licensing.

5. Policy Basis & Decision-Making

Copies of data, research, or internal policy documents used to justify providing these services to individuals without lawful immigration status.

Legal opinions or ministerial advice regarding the lawfulness or safety implications of these provisions.

You asked the additional below questions on 15 August and on 22 August.

6. Statistics and Data

Could you please confirm where the detailed statistics and data relating to individuals without legal immigration status in Scotland are being sourced from? Specifically, I am seeking:

Population figures and geographic distribution by local authority.

Criminal background details from their countries of origin, as well as any recorded offences committed in Scotland.

Risk assessments conducted regarding public safety implications.

7. Action and Public Communication

I am concerned about the lack of public communication, briefings, or updates regarding these individuals, their presence, and related government policies. Could you explain why no measures have been taken to inform Scottish residents and why internal communications on these decisions are not being made publicly available?

8. Where arrivals are being placed

The timeframes of settlement,

Age and gender breakdowns (noting that the majority appear to be males aged 19–39, with only 13% women and children),

Any relevant crime or public safety statistics.

Response

Before I respond to each of your questions, it may be helpful to begin by explaining that under current constitutional arrangements in the UK, asylum and immigration are matters reserved to the UK Parliament and handled by the Home Office. This includes decisions relating to UK visas and the operation of the UK asylum system.

The Scottish Government has no control over these processes.

Your request asks about ‘illegal immigrants’ and ‘individuals without lawful immigration status’ so I would like to be clear that the Scottish Government does not use this term and further does not consider this to include people seeking asylum.

It may be helpful to explain why we use the terms people seeking asylum, refugees, or irregular migrant, and what they mean.

In the UK, the term person seeking asylum, or asylum seeker, refers to someone who has lodged an application for international protection under the United Nations (UN) 1951 Refugee Convention or Article 3 of the European Convention on Human Rights, and is waiting for a decision from the UK Government. An asylum application is therefore a process to determine whether someone is recognised as a refugee.

The UK is a founding signatory to the 1951 UN Convention on Refugees and the supporting 1967 Protocol, which set out international legal obligations to recognise refugees who are in the territory of a contracting state. People seeking asylum have applied to the UK Government to have their refugee status recognised, that is declaratory – they do not become a refugee because the UK Government grants them status, the UK recognises their status.

The term ‘refugee’ has a specific meaning within international law, defined under the 1951 UN Convention on Refugees. A refugee is a person who ‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.’ (1951 United Nations Refugee Convention). More information, including the full text of the 1951 UN Convention, is available from UNHCR (the UN Refugee Agency): The 1951 Refugee Convention | UNHCR UK

The UK Government uses the term ‘irregular migrant’ to refer to people who enter the UK by irregular means or who are present in the UK irregularly. People may enter the UK by a legal route and become irregular, e.g. if they overstay a visa, or may enter the UK irregularly but obtain ‘regular’ status, e.g. following a successful asylum application. People who have entered the UK irregularly and have not made an asylum application, would be undocumented and subject to immigration control. It may be helpful to explain that under reserved immigration legislation and rules people seeking asylum and irregular or undocumented migrants are subject to NRPF (no recourse to public funds). NRPF is also a standard visa condition; it restricts access to certain public funds as defined under the UK Immigration Rules, including local authority housing, most mainstream benefits like Universal Credit, various tax credits and crisis grants from the Scottish Welfare Fund.

Question 1

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The Scottish Government does not hold information on the most recent estimates or recorded figures of illegal immigrants in Scotland. As explained above, this may be partly because the term ‘illegal immigrant’ is not used, but it is most likely that the Scottish Government does not hold any relevant information because immigration is reserved to the UK Parliament and handled by the UK Government.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

You may however find it useful to consult the UK Government website for information that the Home Office publishes online with regards to irregular arrivals. More information and data tables are available on the UK Government website: How many people come to the UK irregularly? - GOV.UK

Additionally, the Home Office regularly publishes statistics relating to the UK immigration and asylum systems. These can be viewed on the UK Government website: Immigration system statistics data tables - GOV.UK (www.gov.uk)

Question 2

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The Scottish Government holds no information in relation to individuals known to have criminal convictions in their country of origin and also the nature of their crimes. No information is held with regards to recorded offences committed by those with no legal status since arriving in Scotland.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

You may however find it useful to consult the UK Government website for published information which may be relevant to your request: Statistics on foreign national offenders and the immigration system - GOV.UK

Question 3

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The Scottish Government does not hold information on the presence, status, activities of illegal immigrants in local communities. As such the Scottish Government has not taken decisions to limit public information and so does not have any related internal communications or reports.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Question 4

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested with regards to the 7 points in this question. We hold no policy documents with regards to the points requested for those with no legal immigration status. I have however provided information which you might find useful below.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Immigration matters are reserved to the UK Parliament and handled by the Home Office. There are restrictions placed on access to some services where a person is subject to immigration control through reserved immigration legislation and rules, including application of No Recourse to Public Funds (NRPF) conditions, which prevent access to certain public funds particularly to housing and homelessness services and welfare benefits.

The Home Office is responsible for provision of asylum accommodation and support to those who would otherwise be destitute while waiting for a decision on their asylum application. This includes in contingency asylum hotels, but Scottish local authorities and third sector and community organisations are providing valuable support, including wraparound support in hotels where they are able to do so. Any provision by public services is done within the context of immigration restrictions.

NRPF is a standard visa condition and also applies to people seeking asylum and people with insecure immigration status.

Eligibility and restricted public funds are outlined in paragraph 6 of the UK Parliament Immigration Rules: Immigration Rules - Immigration Rules: introduction - Guidance - GOV.UK

Local authorities do have a statutory responsibility to provide support to the most vulnerable people with insecure immigration status. These can be found in:

Children (Scotland) Act 1995 – Sections 22, 29 and 30
Social Work (Scotland) Act 1968 – Section 12 and 13A
Mental Health (Care and Treatment) (Scotland) Act 2003 – Section 25

People who are resident in Scotland and meet eligibility for national concessionary travel schemes (on the basis of age or disability) can apply for a National Entitlement Card (NEC) to access free bus travel. They will need to be able to provide proof of person, proof of residence and proof of photograph to apply. More information about NEC is available online: Home |National Entitlement Card

All children of compulsory school age have the right to free, state-funded primary and secondary education in Scotland, regardless of their immigration status. Local authorities are legally obligated to provide a school place for any child resident in their area.

A person who is subject to NRPF conditions will only be able to undertake a college or university course if they can afford to fund the relevant fees or if they meet the funding criteria, for which immigration status and length of residence in the UK will be relevant factors. The SAAS website includes information regarding residency requirements for non-EEA students: Residence conditions for non-EEA nationals

Many NHS services are provided free of charge to people in Scotland regardless of their nationality or immigration status, but some people may be required to pay for certain types of treatment. Most dental and ophthalmic treatment will also be free if the person meets one of the exemptions to these services or has obtained an HC2 certificate on the basis of having a low income, for example support from social services or a charity. NHS Scotland has produced a useful leaflet providing more information about these exemptions.

The exemptions are set out in the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989

Housing provided under Part I or II of the Housing (Scotland) Act 1987 is listed as a public fund under paragraph 6 of the UK Immigration Rules and is therefore generally restricted for people who are subject to NRPF conditions.

A full list of those eligible to make an application to local authorities mainstream housing allocation and homeless services can be found in the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000.

As you may be aware, the issue of photographic ID, passports and driving licences are matters reserved to the UK Parliament and handled by the Home Office.

The issuance of the above documents is not carried out by the Scottish Government and therefore questions about eligibility should be directed to the UK Government.

You may wish to contact the Home Office at foirequests@homeoffice.gov.uk to find out whether there is further information which they would be able to provide in relation to your request.

Alternatively, for more information about any Scotland specific benefits you may wish to contact Social Security Scotland to make a request for information by email at foi@socialsecurity.gov.scot or by post at: Freedom of Information Team Social Security Scotland PO Box 10301 DUNDEE DD1 9FW.

The Scottish Government is not aware of a means for people to be authorised to work in regulated sectors without standard licensing, regardless of their immigration status. Further, non-UK nationals generally require permission to work as part of their visa conditions to be able to work within the UK. They may also be subject to restrictions on the type of work they can undertake depending on their immigration status.

You may also want to be aware that people seeking asylum are restricted from working whilst waiting for an asylum decision except under certain limited circumstances if granted permission by the Home Office. Guidance on permission to work for people seeking asylum is published on the UK Government website: Permission to work and volunteering for asylum seekers (accessible) - GOV.UK

Question 5

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. This is because, as indicated above, people without legal immigration status are generally subject to restrictions which prevent access to government support and services. Where people can access services it is due to statutory duties to support the most vulnerable people. As outlined above there is legislation which requires local authorities to provide support to meet statutory duties in certain circumstances.

There will be some areas of policy that are restricted to UK Government, or by Local Authorities. I’ve included the below link which provides further information on local authorities powers and duties which are set out in legislation:

Local authorities: factsheet - gov.scot

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

You may be also be interested to note that the Scottish Government and COSLA have worked in partnership to develop the Ending Destitution Together strategy, this sets out an approach to prevent and mitigate destitution arising due to NRPF conditions. The Scottish Government cannot lift or amend NRPF as this is a reserved matter, the strategy therefore operates within this context. The reasons for this policy approach are set out in the strategy which is published on the Scottish Government website: Ending destitution together: strategy - gov.scot

You may also wish to contact the Home Office at foirequests@homeoffice.gov.uk to find out whether there is further information which they would be able to provide in relation to your request or regarding reserved immigration legislation, policy and rules like NRPF.

Question 6

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The Scottish Government has no control over processes related to UK immigration and therefore does not have access to UK immigration systems which may potentially hold information relevant to your request. The Scottish Government also hold no information on risk assessments conducted in relation to UK immigration processes.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

You may wish to contact the Home Office at foirequests@homeoffice.gov.uk to find out whether there is further information which they would be able to provide in relation to your request.

You may also find that some information relevant to your request is already available as the UK Government regularly publishes statistics relating to the UK immigration system: Immigration system statistics data tables - GOV.UK

Question 7

As immigration is reserved to the UK Parliament and handled by the Home Office, any updates to immigration policy and related announcements will be made in the UK Parliament and published via the UK Government.

Records of Parliamentary statements made by the UK Government, as well as relevant discussions undertaken through Committees, debates or parliamentary questions can be found on the UK Parliament website: UK Parliament

Information regarding the work of the Home Office is available on the UK Government website: Home Office - GOV.UK

You may also find the below link is useful regarding changes to UK immigration rules, which was last updated on 4 September.

Updates - Immigration Rules - Guidance - GOV.UK

Question 8

It may be helpful to explain that settlement can be a technical term which refers to when someone has settled status in the United Kingdom. This means that the person has been granted Indefinite Leave to Remain (ILR) by the UK Government. The Scottish Government understands that timeframes for this may vary depending on specific circumstances and visa conditions. More information about Indefinite Leave to Remain eligibility is available on the UK Government website: Check if you can get indefinite leave to remain - GOV.UK

The Scottish Government does not hold information regarding the timeframes of settlement in the UK because immigration is reserved and the Scottish Government does not have access to UK immigration systems which may hold relevant data.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested, including age and gender breakdowns or crime or public safety statistics.

You may wish to contact the Home Office at foirequests@homeoffice.gov.uk to find out whether there is further information which they would be able to provide in relation to your request.

You may also find that some information relevant to your request is already available as the UK Government regularly publishes statistics relating to the UK immigration system: Immigration system statistics data tables - GOV.UK

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