Immigration legislation in the UK is complex and anyone (especially those coming to the UK from non European Economic Area [EEA] countries) considering entering the UK should seek specialist advice. There is no immigration law that refers explicitly to sex workers, apart from the very strict immigration rules about any economic activities (i.e. working in any shape or form) of non EEA foreign nationals coming to the UK. Any person, including migrant sex workers, found in the UK without entitlement to be in or remain within the UK are subject to removal. Any person, including migrant sex workers, found to be working in the UK without valid permission to work will be subject to removal. In addition, visas are granted and extended on the basis of, among other criteria, ’good character’ which, if discovered that someone is a sex-worker, may be interpreted as reason to deny migrant sex workers permission to enter or remain within the UK.

Sex work is not formally recognised as labour within the UK, despite the fact that sex workers income is taxable. It is therefore impossible to get a work visa as a sex worker. Despite the lack of recognition of sex work as labour, migrant sex workers have been removed for working when they have legally been in the UK but did not have the right to work. 

All  EEA citizens have the right to enter, reside and work in the UK. However, the UK Border Agency (formerly known as the IND, Home Office) introduced new requirements when Romania and Bulgaria acceded to the EEA. – placing restrictions on access of the citizens of these countries to the UK labour market - a quota on the number of people who could enter to seek employment and a system of applying for permission to work in the UK similar to the work permit system for non-EEA nationals was introduced. All EEA citizens from the A8 countries (i.e. those who joined EEA in 2004 – Poland, Latvia, Lithuania, Estonia, Hungary, Czech Republic, Slovak Republic and Slovenia) – and came to the UK to work for an employer  are required to register with the  UK Border Agency - this entitles them to ‘in-work benefits’ such as Child and Family Tax Credits, and Housing Benefit. If they have been registered and in uninterrupted employment for 12 months they can apply for an EEA Registration Certificate which entitles them to claim all other benefits that UK citizens can claim. Social care regulations are very complex in the UK and those who wish to access it should seek professional advice.

All EEA nationals have right of access to most of the free NHS treatments. From 1 April 2008 they are expected to show their EHIC (European Health Insurance Card) in order to access free treatment. More information is available on the Department of Health website   http://www.dh.gov.uk/en/Healthcare/Entitlementsandcharges/OverseasVisitors/index.htm

The majority of non-EEA citizens require a visa to enter, reside and work in the UK - the ease of getting such visas depend on the type of visa and even on the person’s country of origin (including whether they come from certain commonwealth countries), ancestry and other factors such as having an offer of paid employment in the UK. Those granted a visa to enter the UK on a tourist visa do not have the right to establish a home or to work. Not everyone who is granted a visa to reside in the UK has the right to work and those found working in the sex industry without a work visa can be detained by the UK immigration service and removed from the UK.

Asylum seekers are expected to present immediately upon arrival in the UK for them to be considered for asylum. There have been a few cases of victims of trafficking being granted asylum, however, the UK Border Agency has stated that it will not automatically grant asylum to victims of trafficking wishing to remain in the UK.