Should maximum prison sentences for illegal entry into the UK be increased beyond 4 years?
ImmigrationEnded 15 Sept

Should maximum prison sentences for illegal entry into the UK be increased beyond 4 years?

Yes 58%No 42%899 votes cast

Under the Nationality and Borders Act 2022, the maximum prison sentence for illegal entry into the UK and for overstaying a visa is four years on indictment. Over 1,000 people have been convicted of illegal arrival since 2022, with typical sentences of 8-12 months. Prosecutions for simple overstaying remain rare unless combined with other factors such as illegal working.

Jump to opinions· 37

The room’s central contradiction was that its strongest arguments were not really for more prison. The decision favoured tougher sentences, even though the debate repeatedly turned on deportation, detention and the shortage of cells.

The winning Yes case asked for punishment as deterrence, but it was not wholly absolutist. One of its stronger voices said, “every case must be treated independently based on individuals circumstances”, while another called to “open up off shore custody centres as a deterrent”. The emphasis was on making entry costly and the response unmistakable, often with deportation added afterwards.

No voters, by contrast, made the more developed case on the page. The floor’s most-respected No argument was blunt: “Illegal migrants should be deported full stop”; another warned, “Our prisons are already overflowing.” Their objection was practical rather than permissive: longer sentences would consume scarce prison space and public money when immediate removal was the stated aim.

The two sides also talked past each other over why illegal entry happens at all. A No voice argued that “Illegal entry is only necessary because we have made it impossible for people to come here to claim asylum in any other way”, while Yes voices treated the route itself as the offence requiring deterrence. This is the live immigration argument in miniature: control and punishment against capacity, enforcement and access.

Its shape is hard to miss: the side that argued most loudly for deportation lost the question about prison.

“Need to open up off shore custody centres as a deterrent”

YES case · alancoleman · 4 respects

“This is a biased question. I voted no because they should not be detained in the UK, they should be immediately deported.”

NO case · DaisyGirl · 4 respects

58%
Yes
majority
42% No
Votes899
Skipped13
You—

% voting yes, by leaning

0% yes among H. Left voters, 41 of them
7% yes among Left voters, 120 of them
22% yes among C. Left voters, 94 of them
42% yes among Centre voters, 85 of them
73% yes among C. Right voters, 113 of them
82% yes among Right voters, 376 of them
92% yes among H. Right voters, 93 of them
H. Left
Left
C. Left
Centre
C. Right
Right
H. Right
Early result

This referendum settled before 29 September 2026, when refnation's current method began, so its result is a plain count of Yes and No. It is kept here as an archive: refnation's record starts on 29 September 2026.

How results are calculated, and corrections

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Debate

37 Opinions

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The Penal Commonwealth Builder
Voted yesRight lean

Need to open up off shore custody centres as a deterrent

LELLIO· 484
The Respected
Voted noRight lean

Illegal migrants should be deported full stop. When in prison it is the UK tax payer that foots the bill - again, furthermore the cost of keeping those foreigners in prison should be charged to their country.

DaisyGirl· 342
The Stalwart
Voted noRight lean

This is a biased question. I voted no because they should not be detained in the UK, they should be immediately deported.

The Perennial
Voted yesC. Left lean

Yes the punishment should be increased but every case must be treated independently based on individuals circumstances for doing what they have. If you want to have a deterrent it needs to be a strong one. However if so the criminal courts must enforce it properly. Also the tax payer and our Government must not pay for it, it must be paid for by the person's country of origin.

The Plain-Dealing Disciplinarian
Voted noRight lean

FAST TRACK JUSTICE AND DEPORT THEM. MOVE THEM ONTO OIL TANKERS UNTIL PROCESSED. STOP FUNDING THE COUNTRIES THEY CAME FROM.

The Frontier Steward
Voted noRight lean

No they need to be deported immediately. Certainly don't need to be spending money housing them in prison.

The Union-Keeping Egalitarian
Voted noLeft lean

I thought you wanted them deported?

The Market-Friendly Leftist
Voted noH. Left lean

Illegal entry is only necessary because we have made it impossible for people to come here to claim asylum in any other way.

The sound governance custodian
Voted yesRight lean

Yes it should, but more importantly the Govt & courts should be APPLYING the law. These people should be detained and deported without being allowed on our streets. But also with a conviction which bars them from any future entry.

The Centurion
Voted noH. Right lean

Let’s just use the powers we already have to arrest, imprison and deport any and ALL illegal migrants. No ifs buts or appeals.