Working with your immigration lawyer
Last updated on: 22 February 2024
What information will my lawyer need from me?
In your first appointment with an immigration lawyer, they will need to gather as much relevant information as possible from you. This will help them to understand your situation and offer the best advice.
It is important that you are prepared and happy to answer their questions. The more information that you can provide, the easier it will be for a lawyer to determine if they can help, and how much it will cost. Here are some questions you might expect:
They'll likely ask about your age, nationality, marital status, and dependents. They may also inquire about your employment status and if you have any criminal convictions.
They'll need to understand your current immigration status, if you have one. This could include questions about the type of visa you hold, when it expires, and any conditions attached to it.
They'll want to know about your travel and immigration history. This might include questions about when and how you entered the country, where you have been living, any visas you have held, and any previous immigration applications or appeals you have made.
They'll want to know what you're hoping to achieve. For example, are you trying to get an immigration status, to extend a visa, apply for permanent residency, or challenge a deportation order?
They will ask about the documents you have that are relevant to your case. This could include passports, visas, marriage certificates, employment contracts, letters from sponsors, or evidence of funds, etc.
They may ask about your financial circumstances to help determine the best approach for your case, and whether you might be eligible for certain forms of assistance or need to meet specific financial requirements under immigration rules.
Remember, every case is unique, and the questions asked may vary depending on your individual situation.
What should I expect from my lawyer?
It is important to have realistic expectations of your lawyer and how they can support you. Unclear expectations could lead to misunderstanding, disappointment and even conflict between you and your lawyer.
A good lawyer should communicate clearly to manage your expectations about how they can help. This includes giving you clear information about costs, timescales, and likely outcomes for your case.
It could be a warning sign if your lawyer avoids discussing important aspects of your case. For example, they should always be transparent about costs and any potential challenges. If a lawyer makes promises of guaranteed outcomes, this may not be accurate as no outcome is completely certain.
What will my lawyer expect from me?
To ensure a positive relationship with your lawyer, your lawyer might have a few expectations in the same way that you have expectations for them.
Communication and honesty are important when working with your lawyer. Even if some facts may feel embarrassing or negative, it is important you are open if the information is relevant for your case. It is also important to be honest about any your goals, expectations, and concerns. If you are not happy or you do not understand something, this can only be resolved if you tell your lawyer directly.
Lawyers also appreciate when clients can be organised and prompt. Keeping your documents together and well-organised will help your lawyer to make sense of them. Arriving to appointments and replying to your lawyer’s communications quickly will also help you to work well together.
Respect and trust are also important in any working relationship. These things will develop over time, but you can also do some things to support this. For example, you can allow some time for your lawyer to respond to your communications instead of expecting an immediate response.
If you are paying for their advice and representation, it is also important to pay on time. If there is a problem, then it is good to talk to your lawyer about this as soon as possible.
Is it important to understand the next steps in my case?
Yes, it is important that you understand what is happening in your case, and what any next steps will be. This will be different for each individual case and situation. Your lawyer should help you to understand this.
Knowing what happens next in your case will help you to prepare and ask informed questions. It should also help to reduce some of the anxiety around your case, as you will know what to expect.
Immigration cases often involve important decisions and discussions about your life. It is therefore important to understand the immigration process you are involved in, so you can participate actively in discussions and make informed decisions.
Immigration procedures can also be lengthy and complex. If you have a clear understanding of the process, then this should help you to develop clearer expectations around timelines and how long things will take.
Should I have a copy of the correspondence and documents for my case?
Yes, your lawyer should share copies of correspondence and documents related to your immigration case. It is important that you have a copy of these for your own record. Sharing this information ensures that you are informed about your case. It should help to build trust with your lawyer is being transparent.
There may be an issue if your lawyer is not sharing all documentation with you. You should raise this with them. If they do not improve with sharing information, then you should consider moving your case to a new lawyer.
Should I be able to understand my lawyer’s letters?
You have a right to fully understand any information and advice from your lawyer. It is therefore good practice for your lawyer to communicate in plain English.
You should speak with your lawyer if you do not understand something or you need them to write in a way that helps you understand better.
There may be times when your lawyer needs to use legal terminology. However, it is important that they explain new words or concepts clearly so you understand them.
A good lawyer will listen to you and work hard to help you to fully understand your case.
What should I do if I am unhappy with my lawyer?
If you're unhappy with the service provided by your immigration lawyer, you generally have the right to make a complaint.
When making a complaint, it's important to be clear about what the issue is and what outcome you're hoping for. Providing as much evidence as possible can also help support your complaint.
The exact process may vary but here is a typical process you can follow:
The first step is usually to express your concerns directly to your lawyer. They might not be aware of the issue, and this gives them an opportunity to address the problem. Your lawyer should be willing to resolve your concerns. In many cases, raising it with your lawyer in this way can solve it.
If talking to your lawyer doesn't resolve the problem, you can make a formal complaint to their law firm or organisation. Most will have a formal complaints procedure. You should have received details of this procedure when you started working with your lawyer, but ask about this procedure if you are not sure. You should follow this procedure and, if followed, they must resolve your complaint.
If your complaint is not resolved by your lawyer or their organisation, you can escalate it to their regulatory organisation. Solicitors are regulated by the Solicitors Regulation Authority (SRA) and immigration advisers by the Office of the Immigration Services Commissioner (OISC). You should provide them with the details of your complaint and any correspondence you have had with the lawyer or their organisation about the issue. They will get in contact with your lawyer and make an independent decision.
The Legal Ombudsman is an independent organisation that deals with complaints about lawyers in England and Wales. You can take your complaint to the Legal Ombudsman if you are still not satisfied after complaining to the regulatory organisation, or if they decide that they cannot handle your complaint.
What happens when my immigration case finishes with my lawyer?
You may finish working with your lawyer for a number of reasons. For example, your case may be resolved or may need a new lawyer with different specialism. There are a few procedures that you should expect when your case closes.
When an immigration lawyer closes your case, they should communicate this clearly to you and explain the reason why your case is closing. They should ideally do this in writing, so you have a record of this.
They should also return any original documents to you, and they may also give you copies of important documents.
Your lawyer should also provide a summary of the work they have done for you and what the outcome was. They should also outline any next steps you need to take in your case and explain these. For example, if you have a visa, your lawyer will remind you of the expiry date and the process for renewal.
If you are paying for your advice and representation, your lawyer should give you a final invoice.
Your lawyer will normally keep a copy of your file for a number of years. This is called ‘archiving’ and it is a requirement by regulatory organisations. They should explain this to you and tell you what happens to your information and how you can access these records in the future.
The exact steps will vary depending on your specific situation and your lawyer. If you're unsure about anything, don't hesitate to ask your lawyer.
Can I access my immigration file?
You generally have the right to access your file from your lawyer. If your case was funded by legal aid, your solicitor must give you a copy of your file.
You have a right to your information, however there might be circumstances when a lawyer is not able to provide you with all or part of your file. The most common scenario is where there are unpaid legal fees. If you have outstanding fees with your lawyer, they may be entitled to keep your file until those fees have been paid.
The process to request your file may vary between different legal firms and organisations.
Here are some general steps you can follow to access your file:
Make a formal, written, and signed request to your lawyer or their firm asking for access to your file. Be sure to specify which documents or information you're seeking if you don't need the entire file.
Different legal firms and organisations may provide your file in different formats. This could include digital copies via email, physical copies, or viewing the documents in person at the lawyer's office. Specify in your request how you would prefer to access your file.
Some lawyers might charge a fee for copying and sending documents, particularly if the file is large. Ask your lawyer about any potential fees before you make the request.
After your request, there might be a short wait while your lawyer retrieves and prepares your file. Your lawyer should explain how long it will take to send you your file.
In some cases, there may be documents in the file that the lawyer cannot release because it includes information about other people. This information may need to be confidential. Your lawyer should tell you if this is the case so that you understand if any information like this has been retained.