The role of an immigration solicitor
The work of an immigration solicitor can vary widely, from advising and representing high-level employees in multinational companies to assisting vulnerable clients seeking refuge from persecution. Firms may undertake both private and publicly funded work, or may specialise in one or the other. Firms may also specialise in particular aspects of immigration law – for example, a firm may deal exclusively with applications under the Points-Based System, but undertake no asylum work at all.
Immigration solicitors, like solicitors in all fields, operate under the professional supervision of the Solicitors Regulation Authority (SRA).
In addition, it is possible for advisers to operate outside the aegis of the SRA. This applies mainly to non-solicitors, who may choose instead to practise under the regulatory authority of a separate body: the Office of the Immigration Services Commissioner (OISC). The OISC was created by the Immigration and Asylum Act 1999. It monitors and regulates immigration advice given by those advisors it regulates; and it has fairly wide powers, including disciplinary action and criminal prosecution.
Immigration practitioners (whether solicitors supervised by the SRA or non-solicitors supervised by the OISC) who wish to undertake publicly funded work must have accreditation under a scheme operated by the Law Society and the Legal Aid Agency. To some extent, the Legal Aid Agency takes on an additional supervisory role, separate to that of the SRA or OISC.
Practitioners dealing with vulnerable groups such as victims of torture, unaccompanied minors, etc. need skills in dealing with such vulnerability as well as being able to advise accurately on the law.
All immigration practitioners need to be able to consider detailed evidence in particular cases; to evaluate how that evidence relates to the legal framework for the type of case at hand; and to be able to represent clients effectively in a potentially adversarial system.