Unit 1: Introduction

To understand:

• What role an immigration adviser plays in a migrant's immigration problem
• What professional duties and responsibility an immigration adviser has
• What good advice and poor advice look like
• What you can do about poor advice
• Who regulates whom

Note: In this module we use the term 'adviser' to refer to anyone the client instructs to assist them. The adviser may be a solicitor, an IAA advisor, another regulated provider such as a barrister or they may not regulated at all and may be giving advice illegally.

1. Better Outcomes

Good legal advice can have a transformative effect. It can lead to better outcomes, often at an earlier stage than might otherwise be the case. Even when a case doesn't succeed the client should have a better understanding of why, which can lead to better decisions on what to do next.

2. Inexperience

For some migrants, their immigration matter may be the first time they have encountered a need for legal advice - or at least the first time in this country. Most will only have a vague idea of what a legal adviser is and how one might help. Some may have expectations that cannot be met, while others may be reluctant to place their faith in someone they don't know. These problems can disrupt the relationship between the client and the adviser and prevent the client from getting the best out of it.

3. Vulnerability

To complicate matters, many migrants are vulnerable and ripe for exploitation. This vulnerability may simply stem from a language barrier, uncertain status, a fear of the authorities and/or an ignorance of how things work in the UK. There are some people who will exploit such vulnerabilities. Some may be regulated advisers who are cutting corners or providing an inadequate service. Others may be unregulated persons who are illegally posing as professional advisers in order to extort money from people.

4. Empowerment

If a client is well-briefed on how professional advisers are expected to behave and the standards they are expected to adhere to, then they will be in a better position to identify rogue advisers at an early stage, and before lasting damage is done. They will also feel reassured when good solicitors behave in the expected manner. Understanding an adviser's role also leads to more reasonable expectations, relieving some of the strain on the adviser-client relationship.

5. Pressures on Legal Advisors

Legal advisers often work under significant time pressures. A good adviser should always make the time to explain their role and their duties when necessary. However, this is not always the best use of their time, as it draws upon other skills rather than on their legal expertise. Sometimes it can help to have these things explained by a third party who is independent, particularly where there are issues of trust.

In an ideal world, immigration wouldn't be so complex that people need an adviser. In a slightly less than ideal world, everyone who needs it would have access to immigration advice. In either case, we wouldn't need to ask this question. But we are nowhere near an ideal world.

In theory, no one needs an adviser to represent them. Anyone can represent themselves in any sort of application or proceedings. But some people lack the knowledge, skill or confidence to do it. Decision makers and courts should make allowance for people without representation.

It is better to have no one representing you than a bad adviser who makes mistakes or does nothing. If you have someone representing you, then the home office and the courts will assume that they are competent and thorough. Because that person represents you, any mistake they make is your mistake. It will be an uphill struggle to prove otherwise.

There is a shortage of affordable immigration legal advice throughout the UK. Not everyone who is entitled to legal aid will be able to get it. There is not enough capacity or resource in the non-profit sector to plug the gap. Some people will have to manage without representation. We will have to triage cases and identify those most in need of advice. We will also have to manage the expectations of those who need it less. A strong application or claim can succeed without any represenation. However there will still be times when it is necessary.