Dealing with immigration casework

It is important to remember that immigration advice is heavily regulated. There are legal restrictions on giving immigration advice and providing immigration services. Aside from this, immigration law is complex. If in doubt, you should recommend that constituents seek advice from a specialist solicitor or adviser. Encouraging constituents to access appropriate professional advice is more helpful than trying to be a substitute for it.

Immigration applications are decided by UK Visas and Immigration (UKVI, part of the Home Office), who apply the criteria laid down in the UK’s immigration rules. The immigration rules set out the eligibility criteria and conditions for each UK visa category, as well as the grounds to refuse, withdraw or revoke immigration permission. The rules, and the guidance used by UKVI decision-makers on how to apply the rules, often change.  

Ministers and Home Office staff have some discretion to make exceptions to the rules but in practice this is used sparingly.  

This article provides some practical suggestions about how to approach requests for assistance from constituents who need to apply for permission to be in the UK. The Library briefing Constituency casework: asylum, immigration and nationality provides a broader overview of the UK’s asylum, immigration and nationality system and highlights some additional useful resources. 

Initial information to gather  

Gathering some background information from the constituent will help you to clarify the issues, identify how your office might be able to assist and manage the constituent’s expectations. 

1. What type of application is the constituent making?

Confirm what the person is applying for, what their current immigration status is, and dates of any applications or decisions. It may be helpful to request copies of correspondence and appeal determinations, and to contact the constituent’s legal representative if they have one.

2. What stage has the case reached?

Establishing whether an application is outstanding or has been decided, if an appeal is underway, or if removal directions or a deportation order have been served, for example, can help you identify what needs to happen next. 

3. Is the matter urgent?

To help prioritise your work, check whether there are any imminent or missed deadlines, or if the constituent is facing a significant change of circumstances. 

4. Is the constituent is getting adequate help and support, including legal advice?

If they aren’t, you should signpost them to appropriate sources.  

The Immigration Advice Authority (IAA; previously known as the OISC) has published some resources to help advice-seekers find a qualified immigration adviser, including an Adviser Finder tool. The Advicelocal website is another source for finding local advisers who cover asylum and immigration issues.  

The Immigration Law Practitioners’ Association publishes a list of specialist practitioners, and there is a collection of links to additional directories on the Finding a lawyer page on the Right to Remain website. 

Section four of the Library’s briefing on Constituency casework: asylum, immigration and nationality includes a list of organisations providing free or non-profit assistance. There is also a general Library briefing on Legal help: where to go and how to pay​. 

Ways to help 

In some cases, you may feel that your office can make a useful intervention, for example because the problem is urgent, or the Home Office has failed to respond to previous representations made by the constituent. 

You must use your judgement to determine the extent to which you get involved. Many immigration enquiries come from constituents who need professional legal advice. Immigration law is complex and it is a criminal offence for an unqualified person to provide immigration or asylum advice or representation in the course of a business.  

If in doubt, you should respond to constituents with general information and encourage them to seek advice specific to their circumstances from a specialist solicitor or immigration adviser. 

Provide general information  

Most general questions about visa eligibility and processes can be answered from the ‘visas and immigration’ section on gov.uk or Home Office policy guidance. 

Chase progress on an application or appeal 

If a pending application has exceeded UKVI’s service standards, or an appeal heard by the immigration tribunal hasn’t received a decision, you could consider raising the case with the relevant authority using the MPs’ hotlines. The hotlines list is an internal resource only for MPs and their staff (details available from ParliNet). 

Seek further information about a case 

Case-specific queries are often best resolved by contacting the relevant agency via the MP hotlines. 

Highlight poor administrative handling of a case 

You could support a constituent who wishes to complain about the handling of their case, such as by raising the matter directly with the minister’s Private Office. 

Constituents can make formal complaints about the standard of service received or professional conduct through UKVI’s complaints procedure. If people are unhappy with the Home Office’s response they can further complain to the Independent Examiner of Complaints. They can also ask their MP to refer their complaint to the Parliamentary and Health Service Ombudsman. 

Make representations in support of a case 

MPs and their staff can make representations to the Home Office or a minister on behalf of a constituent if they think it is appropriate. For example, this might be a request to review an initial decision, to support a request to exercise discretion, or to make a special request (such as to expedite an application). However, MPs’ representations don’t automatically carry any more weight with decision-makers than other considerations (such as the requirements of the immigration rules). 

Ministers may be more likely to intervene in cases where there are exceptional compassionate circumstances, or where there is new and compelling evidence which hasn’t already been considered. They don’t normally intervene if an appeal is outstanding and are unlikely to reopen a decision which has been upheld by the independent appeals process. 

The involvement of an MP isn’t a substitute for seeking an appeal or administrative review, or professional legal advice. It is important that constituents take appropriate legal action alongside contacting their MP. 

If a constituent is facing removal or deportation from the UK 

Constituents sometimes ask MPs’ offices to intervene when they are facing removal or deportation from the UK. Although people often use the term ‘deportation’ in a general sense, ‘deportation’ and ‘removal’ are distinct legal processes. Generally, deportation is for foreign national offenders. Most migrants in the UK without permission (including refused asylum seekers) are liable to administrative removal. 

Intervention by an MP’s office doesn’t automatically prevent a person being removed from the UK. But if a removal date has been set, Home Office policy guidance says the Home Office must respond to the MP’s representations before proceeding with removal (PDF). 

Ministers have less discretion in deportation cases than in visa decisions or administrative removal cases. Under section 32 of the UK Borders Act 2007, the Home Secretary has a legal duty to deport a foreign national sentenced to 12 months’ imprisonment or more, subject to human rights exceptions. 

Constituents applying for visas for other countries 

MPs don’t have influence over other countries’ administrative processes and the Library doesn’t have specialist expertise in other countries’ requirements.  

You could signpost constituents to the relevant country’s Embassy or High Commission, from where they should be able to access general information about the visa requirements. Foreign travel advice published by the Foreign, Commonwealth & Development Office may also help.  

The Library briefings After Brexit: visiting, living and working in the EU and EU-UK Trade and Cooperation Agreement: Temporary business travel may be helpful when dealing with questions about visas for EU countries. 

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.