Immigration Law


Note that legal aid is not considered to be ‘public funds’ so a survivor can receive it if she has No Recourse to Public Funds.

1.Legal aid eligibility

The survivor has to meet both of these two criteria:

a.    Have a type of case for which legal aid is available (‘in scope’ for legal aid) 

b.    Come within the financial means test

 
  • The following categories of cases are in scope for legal aid:

    • Asylum (including fresh claims), right to life and to freedom from torture, inhuman or degrading treatment

    • Asylum support which, includes housing and vouchers for asylum seekers

    • Destitution Domestic Violence Concession applications (DDVC applications)

    • Trafficking and NRM (National Referral Mechanism)

    • Immigration detention and bail

    • Judicial reviews (not under immigration law but under public law)

    The following categories of cases are not in scope for legal aid:

    • Family life applications – remaining in UK and entry to UK, including on the basis of marriage and UK citizen children. This includes applications by family members of those granted refugee status to join them in UK.

    • Advice on immigration status generally

    • Other applications to remain or enter UK eg student, work permit, EU, business, Points Based System

    • Citizenship applications

    • Issues about travel documents

    • Statelessness

  • The survivor will need to qualify financially for legal aid. There is a legal aid eligibility checker that members of the public can use, follow the link for immigration law. If she has a partner she lives with, their finances will also be assessed as part of hers.

    Where a survivor has no formal source of income and is dependent on support from friends and family she can use a letter from them as evidence of her financial means and explain that she does not have entitlement to benefits, or to work. Legal aid is not considered to be ‘public funds’ so survivors can receive it if they have No Recourse to Public Funds.

    If the survivor cannot get legal aid she may want to consider paying privately for legal advice. Some organisations provide a low-cost service (see below).


2. Finding legal advice

 

 
  • There are some very poor quality solicitors and unqualified legal advisers in immigration law so it is important to try to find a recommended solicitor wherever possible. CWJ can provide a list of recommended solicitors.

    Local women’s services may recommend solicitors locally who they work with and who have experience of VAWG cases, especially specialist services for Black and minoritised women.

    Legal aid:

    • Asylum Aid
      Provide representation on legal aid

    • ATLEU (Anti-Trafficking and Labour Exploitation Unit)
      provide legal representation in trafficking and modern slavery cases

    • Gov.UK legal aid lawyers search engine
      If there is no recommended solicitor available, this is a directory of all solicitors with a legal aid contract around the country – enter the town or postcode and tick “immigration or asylum” or “modern slavery”

    • Chamber and Partners
      For the most highly regarded solicitors in specific areas of law search the Chambers and Partners Directory of top ranked firms and individuals

    Paying legal fees:

  • If the survivor does not qualify for legal aid (whether due to scope or financial means) and cannot afford to pay privately, the only option is to pro bono advice, but this will be limited advice and it is very difficult to find representation.

    • Rights of Women immigration advice
      Free telephone legal advice from lawyers to women on immigration law. Website contains extensive information and details of opening times for helplines.

      Immigration and asylum law advice line 020 7490 7689

    • Praxis Community Projects (immigration and asylum support)
      Telephone advice service: 020 7749 7608
      Wednesdays: 2pm – 4pm
      Telephone advice service can provide advice on welfare benefits, housing & homelessness, asylum support, and immigration matters.
      Email advice: advice@praxis.org.uk

    • JCWI (Joint Council for Welfare of Immigrants)
      Two free helplines:
      Undocumented migrants: 020 7553 7470 10am to 1pm Mon, Tues and Thurs.
      Foreign national prisoners: 020 7553 7468 10am to 1pm Wed.

    • Asylum Aid
      Provide advice only to those in Westminster

    • LawWorks – national umbrella for pro bono services
      On the LawWorks website you can search for pro bono legal advice clinics around the country on different areas of law. Search “legal advice for individuals”, then “free advice clinics” – scroll down to the search function where you can enter the area of law and distance from home address.

      The website also has a useful section on “Going to Court without a Lawyer” – scroll down to the link to Advicenow’s website – this has a page on going to court or tribunal without a lawyer – with a link to a range of resources for litigants in person – for family court, civil court and tribunals.

    • AdviceLocal search engine
      AdviceLocal have developed a map of advice services across the country assisting in social welfare law: welfare benefits, debt, housing, employment, community care, asylum & immigration. (It does not include the main national organisations, advice services that are open for only a small number of hours a week and law clinics that don't provide a service in social welfare law). The services are mostly law centres, university law clinics, housing advice services and also legal aid solicitors who do social welfare law. Go to the website and navigate with the map.

Need to contact us?

If you have looked at our signposting materials and you still want to contact us, you can send a message below. If you don’t feel that you can make a request in writing you can call us on 020 7092 1807 and leave a message and we will call you back. Please note that we don’t provide an emergency service so we may not be able to get back to you at busy periods for up to three working days. If your enquiry is not about violence against women and girls, then it is out of our remit and we won’t be able to assist.