Help with immigration problems

This information applies to England, Wales, Scotland and Northern Ireland

Immigration control

Immigration control is about how and why people from countries outside the UK are allowed to come to the UK and how long they can stay. It is also about what they are allowed to do when they are in the UK, for example, whether they can work, whether relatives can come to the UK to join them afterwards, and whether they can use the National Health Service or claim benefits.

The rules about immigration control (which are law) are complicated by the fact that they overlap with nationality law - that is, the law about who is or is not a British citizen, and the rights of the different types of British citizen.

The system of immigration control in the UK splits people into two broad categories: those who have 'right of abode' in the UK and who can live, work and move in and out of the country as they wish, and those who require permission in order to enter and remain here.

There are certain groups of people who do not fit easily into these two categories and who do not have to get leave to 'enter and remain' even though they do not have 'right of abode'. Included in this group are people who can benefit from European rights of free movement.

Where people do need leave to enter the UK, immigration rules set out various ways in which it can be granted. Some examples of different immigration categories are: 'visitor', 'spouse', 'au pair' and 'student'. In each category, the rules indicate different requirements that must be satisfied before someone will be granted leave to come and stay. For example, students must show that they will follow a full time course of study. The rules require that most of the categories of people coming to the UK will be able to support themselves without relying on public funds.

The immigration rules also specify how long leave to remain in the UK should be granted for. Leave to remain can be either 'limited' or 'indefinite.' Limited leave is granted to people who are coming to the UK for 'temporary' reasons, for example, as students. Other people applying for leave to remain may be eligible for 'indefinite' leave, with the possibility of being able to apply for UK citizenship.

People in most 'temporary' categories, such as visitors, will also need to show that they intend to leave the country when the purpose of their stay is over.

People who require leave to enter the UK will usually need to get 'entry clearance' to show that they are entitled to enter the UK under the immigration rules. There are detailed rules about how to qualify for entry clearance within each category of applicant coming to the UK. Some groups, such as refugees and asylum seekers do not require entry clearance, but most do.

In the rest of this information, you can find a list of some of the immigration problems which you may need advice on, as well as a list of organisations which may be able to help. You should bear in mind that immigration laws are strictly enforced in the UK and the consequences of misunderstanding your right to be here can be very serious. It can include the risk of deportation. It is therefore essential to consult a specialist adviser if you are unsure about your position, or the position of family and friends.

Your local Citizens Advice Bureau can give you more information about how to get help with immigration problems. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Problems which may need immigration or nationality advice

Examples of problems that you may need advice on are:-

getting permission to stay in the UK longer than you originally intended
getting permission to do something which you are not at present allowed to do, for example, being allowed to work
bringing relatives into the country, for example, a spouse, fiancé(e), children
being threatened with deportation from the UK
being held by the immigration authorities in a detention centre
wanting a passport and not knowing whether you are entitled to a British passport or some other passport
wanting to apply to become a British Citizen
if you are already living in the UK but wanting to travel (for example, for a holiday), whether you will be allowed back into the UK
whether you are entitled to use state services or claim benefits, for example, education, health services, council housing, social security benefits, housing benefits, council tax benefit
the right to vote
a relative or friend being refused entry to the UK when arriving at an airport or port.

Registration of immigration advisers

All immigration advisers must be registered with the Office of Immigration Services Commissioner (OISC), or be an adviser with an organisation, such as the Citizens Advice Bureaux, which is exempt from registration. Anyone who gives immigration advice and is neither registered nor exempt will be committing a criminal offence. Every registered or exempt advice agency should display a certificate issued by the OISC to show it meets the OISC standards. The OISC can be contacted at:-

5th Floor
Counting House
53 Tooley Street
London
SE1 2QN
Helpline: 0845 000 0046 (for general enquiries)
Website: www.oisc.org.uk

A list of all registered and exempt advisers and advice organisations can be seen on the OISC website, which also includes details of how to make a complaint about an immigration adviser. The OISC does not deal with enquiries about immigration problems.

National organisations which can help

Immigration Advisory Service (IAS)

(Head Office)
County House
190 Great Dover Street
London SE1 4YB
Tel: 020 7967 1200
Tel: 020 7378 9191 (Emergency line - a message may be left outside working hours)
Website: www.iasuk.org

IAS also operate a number of regional offices. You can find details of these on the IAS website.

Refugee Legal Centre

153-157 Commercial Road
London E1 2EB
Tel: 020 7780 3220 (advice line 10am - 4pm)
Tel: 0800 592 398 (detention advice line)
Tel: 07831 598 057 (out of hours emergency number)
Fax: 020 7780 3201
Email: [email protected]
Website: www.refugee-legal-centre.org.uk

The Refugee Legal Centre can give advice and assistance to asylum seekers and refugees. This includes helping with applications, advising on temporary admissions/release, refusal of asylum, family reunion, and representing appeals in court. They refer people to other agencies for education, welfare and housing services.The Centre offers an appointment advice service. It holds advice sessions from 9.30 weekday mornings (except Thursdays). Appointments can be made by phoning the main advice line between 9.30am and 1.00pm. The Centre can only see a limited number of people without appointments. Enquiries will be assessed on arrival. People with the highest priority need will be seen first.

Refugee Council

The Refugee Council in England and Wales offers advice and support to all refugees and asylum seekers. As part of this it operates a one stop service, providing advice and support to newly arrived refugees and asylum seekers on social security benefits, housing, immigration and education. No appointment is necessary, but people are seen on a first come, first served basis.

England

3 Bondway
London SW8 1SJ
Tel: 020 7582 3000
Fax: 020 7582 9929
Information line: 020 7820 3085 (Mon-Fri, 10.00am - 1.00pm)
Email: [email protected]
Website: www.refugeecouncil.org.uk

In England, the Refugee Council also offers training and work experience. The one stop service is based at:-

240-250 Ferndale Road
London
SW9 8BB
Tel: 020 7346 6777 (advice line - Mon-Fri 10.00am - 4.00pm)

Wales

Phoenix House
389 Newport Road
Cardiff
CF24 1TP
Tel:029 2048 9800

The Refugee Council in England and Wales offers advice and support to all refugees and asylum seekers. As part of this it operates a one-stop service, providing advice and support to newly arrived refugees and asylum seekers on social security benefits, housing, immigration and education. No appointment is necessary, but people are seen on a first come, first served basis. The Refugee Council also offers training and work experience. The one stop service is based at:-

240-250 Ferndale Road
London SW9 8BB
Tel: 020 7346 6777 (advice line - Mon-Fri 10.00am - 4.00pm)

Scottish Refugee Council

5 Cadogan Square
(170 Blythswood Court)
Glasgow
G2 7PH
Tel: 0141 248 9799
Helpline: 0800 085 6087
Fax: 0141 2432499
Email: [email protected]
Website: www.scottishrefugeecouncil.org.uk

The Scottish Refugee Council works with refugees and asylum seekers living in Scotland and with refugee community organisations. It also gives advice on, for example, welfare benefits, housing, education and health.

UK Lesbian and Gay Immigration Group (UKLGIG)

c/o Gay.com
22/23 Carnaby Street
London W1F 9SE
Tel: 020 7734 6168 (admin)
Helpline: 020 7734 3705 (12pm – 5pm Mondays and Fridays excluding bank holidays)
Fax: 020 7713 0628
Email: [email protected]
Website: www.uklgig.org.uk

UK Lesbian and Gay Immigration Group (UKLGIG) is a national lobbying and campaigning organisation working for legal equality for lesbians and gay men. UKLGIG is a support and campaign group for lesbians and gay couples with immigration problems which they would not face if they were heterosexual. The group works to change the immigration rules to ensure this discrimination is removed. It also arranges for exchanges of information, provides a support network and advises on and supports applications to the Home Office.

UKCOSA - Council for International Education

9-17 St Alban’s Place
London N1 ONX
Tel: 020 7288 4330 (administration only)
Fax: 020 7288 4360
Email: [email protected]
Website: www.ukcosa.org.uk

UKCOSA campaigns on behalf of foreign students and produces a number of very useful booklets on students’ problems. Individual international students looking for advice should consult their local NUS office (contactable through NUS headquarters). In an emergency, you may ring UKCOSA on the public casework line: 020 7109 9922 (Mon-Fri, 1.00-4.00pm).

Joint Council for the Welfare of Immigrants (JCWI)

115 Old Street
London EC1V 9RT
Tel: 020 7251 8708
Email: [email protected]
Website: www.jcwi.org.uk

JCWI is an independent voluntary organisation financed by trusts and charity. It campaigns for changes in immigration law, both on its own and together with other organisations. It also provides advice and training to other advice agencies. It does not do casework.

Solicitors in private practice

The few solicitors in private practice who specialise in immigration work are generally based in larger urban areas.

To find out whether there are any solicitors in private practice in your area who specialise in immigration work, you can contact the Immigration Law Practitioners’ Association (see below).

In England and Wales, the Community Legal Service has a website which can give contact details for solicitors and other advice agencies giving specialist advice (see below).

Immigration Law Practitioners’ Association (ILPA)

The Immigration Law Practitioners’ Association (ILPA) is an association of lawyers specialising in immigration and nationality law. It may be able to advise about finding a solicitor who is able to take on a case.

ILPA can be contacted at:-
Lindsey House
40-42 Charterhouse Street
London EC1M 6JN
Tel: 020 7251 8383
Fax: 020 7251 8384
Email: [email protected]

Northern Ireland Council for Ethnic Minorities (NICEM)

NICEM represents the minority ethnic communities in Northern Ireland. It directly represents their interests and is a forum to promote the participation of those communities. NICEM pursues justice, equality and dignity and works for social change in race relations, in particular the elimination of racial discrimination. NICEM also operates reception assistant services, which help asylum seekers apply to the National Asylum Support Service system and support them while they are waiting for a decision, as well as providing advice.

NICEM can be contacted at:-
3rd Floor
Ascot House
24-31 Shaftesbury Square
Belfast BT2 7DB
Tel: 028 9023 8645
Fax: 028 9031 9485
Email: [email protected]
Website: www.nicem.org.uk

Community Legal Service (CLS)

In England and Wales, the Community Legal Service (CLS) has a website containing a directory with contact details of solicitors, advice agencies and sources of specialist advice locally. Information is available in English, Welsh, Urdu, Bengali, Cantonese, Punjabi and Gujarati.

You can consult a copy of the CLS Directory for English and Welsh regions in your local library. You can also telephone the CLS Directory line for this information on: 0845 608 1122 (charged at local rates).

The CLS website address is: www.CLSdirect.org.uk.

Local help

Many local organisations provide immigration and nationality advice, for example, law centres (see below) or race equality councils. There are also some private solicitors who specialise in this field (see under heading Solicitors in private practice).

The quality of advice which local organisations give can vary.

Law centres

Law centres nearly always have a worker who specialises in immigration. Law centres generally have fairly strict catchment areas, so it is important to check whether a law centre in the area will be able to take on a case. Sometimes, the catchment area will include people who either live or work in the area.

If the law centre can offer advice and representation in immigration cases, it will be free.

In England and Wales

Law Centres’ Federation
Duchess House
18-19 Warren Street
London W1P 5DB
Tel: 020 7387 8570
Fax: 020 7387 8368
Website: www.lawcentres.org.uk

In Scotland

Secretary
Scottish Association of Law Centres (SALC)
c/o Govan Law Centre
47 Burleigh Street
Govan
Glasgow G51 3LB
Tel: 0141 440 2503
Email: [email protected]
Website: www.salc.info

In Northern Ireland

Law Centre (NI) Central Office
124 Donegal Street
Belfast BT1 2GY
Tel: 028 9024 4401
Fax: 028 9023 6340
Website: www.lawcentreni.org

Law Centre (NI) Western Area Office

9 Clarendon Street
Derry BT48 7EP
Tel: 028 7126 2433
Fax: 028 7126 2343

This document was provided by Citizen Advice from their website, www.adviceguide.org.uk.