In Britain, a suite of reforms is underway in immigration law. Alongside improper use of the UK’s asylum programs, poorly trained, unqualified solicitors are at the center of the government’s reform efforts. The sad fact is that immigrants have, throughout history, been a group that is likely to be taken advantage of by unscrupulous people. From investment or employment scams to political pressure, immigrants face many obstacles when they reach their new home.
Unfortunately, it is only too common for the people who are supposed to be aiding immigrants in establishing their new life, immigration solicitors, who are exploiting immigrants. In addition to not truly serving their client’s interests, these unqualified solicitors often encourage immigrants to violate immigration law, which results in UK taxpayer expense and resentment. What follows is a description of what the responsibilities of an immigration solicitor are, as well as advice on what to look for in a solicitor.
An immigration solicitor is supposed to guide his or her client through the immigration process, while ensuring that in their efforts to produce the strongest case possible for his or her client they do not exploit or defraud the system. Ethical immigration solicitors are a valuable part of the UK government’s immigration control system. When solicitors fail to act ethically, they not only damage the immigration system, but also harm their clients, who, by acting illegally on their solicitor’s advice or with their solicitor’s aid, are voiding their chances of starting a life in a new country.
Under UK law, an immigration solicitor must be authorized and licensed to practice immigration law, be registered with the Immigration Services Commissioner, be a government employee, or be otherwise qualified to practice. Those not meeting these requirements cannot work with the Immigration and Nationality Directorate. It is possible to lodge complaints on the basis of a solicitor’s incompetence, as well as violation of law.
When choosing a solicitor, verify the solicitor’s education and certification. Beware of solicitors who aggressively solicit business, who are clearly overcharging, or who recommend that you do something illegal. A good solicitor will keep thorough, written records of all transactions and advice, have a clear complaint process, maintain independently audited accounts, and be able to demonstrate to a client that they are registered. Clients should also take care to keep careful records and to make sure they are always informed regarding the status of their case.