Immigration Law in the UK - Immigration solicitors
The UK Borders Agency imposes a points-based approach to managing the flow of migrants coming to the UK to work or study. The objective of a controlled UK immigration system is to attract immigrants able to make a positive economic contribution to Britain’s economy. This Australian-style Points Based System with tough new visa regulations has a five Tier framework:
- Tier 1: Highly skilled individuals to contribute to growth and productivity
- Tier 2: Skilled workers with a job offer to fill gaps in UK labour force
- Tier 3: Limited numbers of low skilled workers needed to fill specific temporary labour shortages
- Tier 4: Students
- Tier 5: Youth mobility and temporary workers: people allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives
In order to sponsor migrants, employers and educational institutions will need to make an application to the Home Office, satisfy the requirements for the particular Tier in which they wish to sponsor migrants, and accept certain responsibilities to help with immigration control.
In due course, financial securities will be required of those whose personal circumstances or route of migration suggests that they present a high risk of breaching the immigration law.
Student immigration
The route to become an overseas student in the UK is not simple and you may need the help of an immigration solicitor. Entry will depend on your age and on the length and level of the course that you want to study. The UK border agency provides the following guidance:
| Type of student visa | Who can apply? |
|---|---|
| Child student | You can apply as a child student if you are between 4 and 17 years old. If you are between 4 and 15 years old, you must be coming to the United Kingdom to be educated at an independent fee-paying school. |
| Child visitor | You can apply as a child visitor if you are 17 years old or under and you want to come to the United Kingdom to do a course of study for up to six months. You will not be able to switch and apply for a child student visa while you are in the United Kingdom as a child visitor. If you want to apply for a child student visa, you must apply from the country you live in. |
| Adult student | You can apply as an adult student if you are coming to the United Kingdom for your post-16 education. |
| Student visitor | You can apply as a student visitor if you are 18 years old or over, you want to come to the United Kingdom to do a course for up to six months, and you do not want to work while you are here. You will not be able to switch and apply for an adult student visa while you are in the United Kingdom as a student visitor. If you want to apply for an adult student visa, you must apply from the country you live in. |
| Prospective student | You can apply as a prospective student if you want to come to the United Kingdom to help you decide which course to study or if you plan to start a course of study within six months. You will be able to switch and apply for an adult or child student visa while you are in the United Kingdom. |
16 and 17 year old students applying to come for more than six months
You and your approved education provider should agree whether you need to apply for an adult or child student visa. If you will be studying a course below National Qualification Framework level 3, you must apply as a child student. If your course is at National Qualification Framework level 3 (or equivalent) or above and is longer than two years, we recommend you apply as an adult student. If you want to study for an English language qualification at Common European Framework of Reference for Languages (CEFR) Level A2 or above, you must apply as an adult student.
The role of Immigration Solicitors
The government’s decision to tighten the immigration rules has made the services of immigration solicitors even more valuable. For example you may need help with one or more of many immigration matters such as:
- Applications to the Home Office
- Appeals in the Immigration Tribunals and higher courts.
- Applications under the new Points Based System
- Applications for people who are in the country illegally and who face detention, administrative removal or deportation
- Bail applications and hearings
The Cost of an Immigration Solicitor
Solicitors who are experts in immigration law can help you with a broad range of legal services in immigration from assisting in asylum and human rights applications to work permit applications
Legal fees will depend upon the level of expertise of the solicitor you employ. You can often arrange a first meeting for free then payment can often be made through a fixed fee or hourly rate or through legal aid/public funding.
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