Here is what you need to know about getting regulated immigration advice.
Should I get a lawyer to help me with my EU Settlement Scheme application?
As some EU settlement scheme applications are complicated it may be helpful to speak to a qualified and regulated legal adviser (sometimes referred to as an immigration lawyer, or immigration adviser), to understand how to make a successful application. It is also recommended that you speak to a qualified and regulated legal adviser if you receive a refusal decision, as it is very important that you understand how to challenge a refusal decision to ensure that you are granted status if you are eligible.
However, it is very important if you are going to speak to a legal adviser that they are qualified to help you. Immigration advisers and organisations providing legal advice in the UK must be regulated by professional bodies. Regulation aims to ensure that advisers and immigration service providers deliver a good standard of service and that advisers comply with rules, codes, and standards of practice to protect your best interests. Regulated advisers should be able to give you a clear understanding of whether you will successfully be able to obtain settled status or pre-settled status and highlight any risks you may not succeed. This will enable to you to make an informed decision about whether to apply to the scheme or challenge a refusal decision.
It is very important that if you need to take legal advice you do so from qualified and regulated legal advisers. This gov.uk websitegives an overview of how you can find a qualified and regulated legal advisers. It is a criminal offence for an unregulated person to charge for immigration advice, as they are not qualified and not overseen by a professional standards body. You can read more about the risks of unregulated advisers including how to report persons providing such unregulated advice.
If you need help from an immigration adviser, ensure that you ask them how they are regulated and check that they are listed on the relevant regulatory body website. If an adviser cannot tell you which body regulates them, this is a strong indication that they are not regulated and you should not use them for advice or assistance. The below links can help you find a qualified and regulated immigration adviser:
Office of the Immigration Services Commissioner (OISC) – To find registered advisers.
Solicitors Regulation Authority The independent regulatory body of the Law Society of England and Wales. List of registered solicitors and law firms.
Law Society of England and Wales – List of registered solicitors and law firms
Law Society of Scotland – List of registered solicitors and law firms
Law Society of Northern Ireland – List of registered solicitors and law firms
Bar Council for barristers in England and Wales – List of registered barristers
Faculty of Advocates in Scotland – List of registered advocates
General Council of the Bar of Northern Ireland – List of registered barristers
Institute of Legal Executives – List of registered legal executives
Immigration Law Practitioners Association (ILPA) – Members directory
Should I get a lawyer to help me with my EU Settlement Scheme application?
Accessing free legal immigration advice can be challenging as organisations providing free assistance face a lot of demand for their services. Some services may be limited to EU Settlement Scheme applicants who are considered vulnerable, or belong to a specific vulnerable group. Therefore, we cannot guarantee that the organisations listed below will be able to assist and you should contact them to discuss your situation:
Home Office funded charity, community organisations and local authorities – Assisting vulnerable applicants with their EUSS applications (postcode finder for closest organisation)
Settled – Free EUSS advice to EU citizens and family members.
Law Centres Network – Note that not all Law Centres provide immigration advice.
Citizens Advice – Note that not all Citizens Advice provide immigration advice.
Legal Aid is a form of UK government funded legal advice for those who cannot afford lawyers. However, most advice needed for the EU Settlement Scheme is not covered by Legal Aid funding and therefore, Legal Aid lawyers may not be able to assist you. There might be some situations where Legal Aid is available in which case a Legal Aid lawyer will apply on your behalf for funding. You can see more information about Legal Aid here, including information about how to search for a Legal Aid lawyer.
What about paying for legal advice?
Immigration advisers who belong to one of the regulatory bodies can provide you with legal advice as a charged service. Do not pay money to unregulated advisers as there is very little chance of recovering this money from them if things go wrong. There is no set amount that immigration advisers charge for legal assistance and therefore, it is a good idea to ask for several quotes from different advisers so that you can assess the best option for you.
It is also important that immigration advisers give you a clear breakdown of how their charges are calculated and what work is covered by the fee they quote you. Advisers should also give you a clear indication of the prospects of you getting a positive outcome (often called a ‘merits assessment’). For example, if an adviser is helping you make a late application to the scheme, they should tell how you meet the Home Office qualifying criteria to be granted status. If there is a risk that your application would not succeed, you should be made aware of this to understand the pros and cons of applying.
If you decide to pay an immigration adviser to assist you, they should provide you with clear written advice about what work you have paid them to do and the ‘merits assessment’ of undertaking this work. They should also provide you with written information about their professional regulatory body and how to raise and resolve any issues you may have with their service (a complaints process). You should receive receipts for any money that you pay telling you how much is left to pay and when you have fully paid.
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This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.