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This information applies to England, Wales, Scotland and Northern Ireland
Help with immigration problems in other languages
The information on this page is also available in languages other than English.
To view this information in other languages, go to the Multikulti website at: www.multikulti.org.uk.
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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.
For more information about the rights of European nationals in the UK, see EEA: Your rights in the UK on the Advicenow website at: www.advicenow.org.uk/eerights.
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.
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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.
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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.
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National organisations which can help
Immigration Advisory Service (IAS)
(Head Office)
County House
190 Great Dover Street
London
SE1 4YB
Tel: 0844 974 4000 (this number will direct you to your nearest local office)
E-mail: advice@iasuk.org
The IAS provides immigration advice from offices in England, Wales and Scotland. Advice and representation is free to people who are entitled to Legal Aid. The IAS also provides a fee paying service for individuals not entitled to Legal Aid. You can find details about this service on the IAS website.
You can get details of regional IAS offices from the Contact Us page of the IAS website at: www.iasuk.org.
Refugee Legal Centre
153-157 Commercial Road
London
E1 2EB
Advice line: 020 7780 3220 (Mon, Wed and Fri 10.30am-1.00pm; 2.00pm-4.30pm)
Detention advice line: 0800 592 398 (Mon, Wed and Fri 10.30am-1.00pm; 2.00pm-4.30pm)
Out of hours emergency number: 07831 598 057
Fax: 020 7780 3201
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 Tuedays and Thursdays). Appointments can be made by phoning the main advice line. 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.
The Refugee Council also runs a number of advice lines based throughout England. Most of the advice is given in English, but callers who would prefer to speak in their own language can call the advice lines to arrange a visit to a Refugee Council office in their area. For more information about the advice lines, go to the Refugee Council's website – see below.
England
240-250 Ferndale Road
London
SW9 8BB
Tel: 020 7346 6700
Fax: 020 7346 6701
Website: www.refugeecouncil.org.uk
In England, the Refugee Council also offers training and work experience. For more information, contact:-
The Refugee Council
Learning and Integration Unit (LIU)
3-9 Bondway House
Bondway
London
SW8 1SJ
Tel: 020 7840 4488 or 020 7840 4491
E-mail: training@refugeecouncil.org.uk
Wales
Phoenix House
389 Newport Road
Cardiff
CF24 1TP
Tel: 029 2048 9800
Email: info@welshrefugeecouncil.org
Web: www.welshrefugeecouncil.org
Scottish Refugee Council
5 Cadogan Square
(170 Blythswood Court)
Glasgow
G2 7PH
Tel: 0141 248 9799
Helpline: 0800 085 6087 (Mon–Fri 9:30am-4:30pm)
Fax: 0141 2432499
Email: info@scottishrefugeecouncil.org.uk
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)
PO Box 51524
London
SE1 7ZW
Tel: 020 7620 6030 (admin Tue-Thu)
Helpline: 020 7620 6010 (Mon 12.00pm-5.00pm – General information; Tue 9.00am–5.00pm – Asylum queries only; Wed 6.00pm-8.00pm – Free legal advice)
Email: info@uklgig.org.uk
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.
UK Council for International Student Affairs (UKCISA)
9-17 St Alban’s Place
London
N1 ONX
Tel: 020 7288 4330 (administration only)
Fax: 020 7288 4360
Website: www.ukcisa.org.uk
UKCISA 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 UKCISA on the public casework line: 020 7109 9922 (Mon-Fri, 1.00-4.00pm).
Independent Police Complaints Commission
5th Floor
90 High Holborn
London
WC1V 6BH
Tel: 08453 002 002
Email: enquiries@ipcc.gsi.gov.uk
Website: www.ipcc.gov.uk
The Independent Police Complaints Commission (IPCC) is responsible for some complaints about immigration officers. They can investigate if immigration officers fail to carry out properly some of their duties, for example:
- when they arrest or detain people
- when they fingerprint people
- when they search people or property.
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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, Community Legal Advice 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: info@ilpa.org.uk
Website: www.ilpa.org.uk
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
Emergency helpline: 028 9024 2025
Fax: 028 9031 9485
Email: info@nicem.org.uk
Website: www.nicem.org.uk
Community Legal Advice
In England and Wales, you can use the Community Legal Advice (CLA) Legal Adviser Directory to find a legal adviser in your area.
The directory has contact details of solicitors, advice agencies and sources of local specialist advice. Information is available in English, Welsh, Urdu, Bengali, Cantonese, Punjabi and Gujarati. Go to the CLA website at: www.communitylegaladvice.org.uk.
You can also get information about legal advisers by phoning CLA on: 0845 345 4 345.
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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
Third Floor
293-299 Kentish Town Road
London
NW5 2TJ
Tel: 020 7428 4400
Fax: 020 7428 4401
Email: info@lawcentres.org.uk
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: mail@salc.info
Website: www.govanlc.com/salc
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
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