What is Immigration Law? 

In the UK, immigration law is about the entry and residency of foreign nationals. It covers areas such as visas, asylum claims, deportation, and citizenship applications.

The legalities of immigration can touch a surprising number of people, particularly in multi-cultural and multi-industry area such as Leicester. Typical areas where you may need advice and guidance could be, a business seeking to employ overseas talent, a student wishing to extend your visa, or a family or partner hoping to reunite with a loved one or a refugee seeking asylum. Whatever your situation, if you are dealing with the complexities of immigration, a qualified and specialist immigration solicitor is needed to provide the guidance you will rely on.

What Does Immigration Law Cover?

That is a rather complex question unfortunately. Immigration is often a convoluted and difficult area. As well as being governed by a range of different regulations such as The Immigration Act 2024 and The Nationality and Borders Act 2022, it can also be impacted by international laws and agreements. To make it even more complex, the law in this area is dynamic to say the least, with changes to legislation and process happening regularly.

That said, we can probably generalise a little by breaking it down into specific circumstances that will probably require an Immigration Solicitor.

• Visas: These are temporary or permanent permission for foreign nationals to enter and remain in the UK. Usually they will consist of:
  • work visas – These give someone the right to live and work in the UK, often for a specific period. Usually, they require a job offer from a UK employer who is licensed to sponsor workers
  • family visas – these allow non-British citizens to join or stay with family members if they British citizens or settled in the UK. Mostly they are used for spouses, partners, children, or elderly dependents and often they are initially granted for an initial period.
  • student visas – Also known as a tier 4 visa, allows for study in the UK providing the applicant has a confirmed course offer and some other specific demands such as funds and a proficiency in English.
• Asylum and Refugee Law: The UK offer of legal protection for people who are fleeing persecution or danger in their home countries is tied to UN conventions and international treaties such as the 1967 Status of Refugees protocol.
• Naturalisation and Citizenship: This area of the law deals with the rather complex processes by people can apply to become British citizens.
• Detention and Deportation: The legal grounds and procedures for removing individuals from the UK who have breached immigration rules or laws.
• Appeals and Judicial Review: Legal process allows for the challenging of immigration decisions, such as visa refusals or deportation orders. An Immigration Lawyer will be needed to navigate the ins and outs of the appeal and review process.

As you can see, immigration law is a very broad area, and each case must be dealt with carefully. A slip or mistake in the legal process surrounding immigration law can lead to long delays, the separation of families and loved ones and even the deportation of vulnerable people seeking a safe place to live.

What does an Immigration Lawer do?

In the shortest possible terms, they specialise in helping clients navigate the intricacies and complexities of the law. The needs of the client will vary of course but some of the following areas will almost certainly be required.

• Providing Expert Advice: Immigration lawyers help clients understand their rights and options under the law.
• Preparing and Submitting Applications: Immigration Solicitors will ensure all forms are correctly filled out and accompanied by the necessary supporting documents and evidence. Incomplete or inaccurate applications can lead to delays or even refusals.
• Representing Clients in Court: If an immigration application is refused, an immigration lawyer will be required to represent clients should there be an appeal hearing or judicial review.
• Helping Businesses with Sponsorship Licences: Businesses, in a thriving industrial and technological area like Leicester, often require the assistance of immigration lawyers when employing overseas workers. As well the legal position, they will help ensure companies comply with their obligations and avoid penalties or fines.
• Appeals and Judicial Review.: An immigration lawyer will advise on whether an appeal is viable by reviewing the reasons for refusal and then, if appropriate, support the appeal process. This can mean the difference between success and failure.

Immigration is about people, and that means there is more at stake than just the paperwork. When it comes to immigration law, ‘getting it right’ means more than just checking the right people have access to visas and immigration processes. It can mean families reunited, people in desperate situations finding safety and Leicestershire businesses getting the teams they need prosper and grow.

For individuals and businesses in Leicester, local expertise can be invaluable. A solicitor with ties to the community may be more accessible for in-person consultations, and better equipped to understand the unique challenges faced by residents and businesses in Leicester, all while ensuring you stay compliant with the latest legal requirements.

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