What is immigration law?

Our immigration lawyers act for companies and individuals in relation to a wide range of immigration law and nationality issues. We can help clients navigate the complex immigration rules, ensuring compliance with immigration and wider UK laws.

Immigration law refers to the laws regulating entry into, and staying in the UK. It sets out who has the right of abode in the UK and who is subject to, or exempt from, immigration control. It also governs who is liable to be removed and deported from the UK.

Distinct from immigration law is nationality law which governs the acquisition and transmission of British citizenship.

Sources of immigration law

The cornerstone of immigration law in the UK is the Immigration Act 1971. The Act gives the Secretary of State the power to lay rules before Parliament regulating the entry into and stay in the United Kingdom, including any rules as to the length of leave to be granted and any conditions attached to that leave.

The 1971 Act has been amended and expanded on by subsequent acts of Parliament. The Immigration Acts are further supplemented by orders and regulations and by the Immigration Rules. Changes to the Immigration Rules are laid before Parliament by the Secretary of State and are adopted by the negative resolution procedure. Immigration is a fast paced area of law and the immigration rules are subject to frequent change.

In addition to the immigration rules, the Home Office publishes guidance and instructions on the interpretation and implementation of the rules. Immigration law is also shaped by case law, both at the domestic and European levels.

Immigration is a reserved matter, but the pervasive nature of a person’s immigration status means that it can touch on many matters that are devolved, such as entitlement to welfare benefits.

The Immigration Rules

The Immigration Rules set out the requirements to be met by individuals subject to immigration control seeking to enter and remain in the UK. They provide the basis for the Home Office’s decision making on applications for leave to enter and remain in the UK. The Immigration Rules are complex and can be difficult to navigate due to the cross cutting nature of some of the requirements. The Immigration Rules are subject to frequent change. It is therefore important to ensure that any application submitted to the Home Office is made in line with the most recent version of the Immigration Rules.

The Immigration Rules can be found on the government website.

Most individuals subject to immigration control will have an understanding of the different categories of Immigration Rules based on the type of application they can make to enter or remain in the UK. These applications can largely be grouped into the following categories:

• Points-based system visa routes
  • The points-based system is for those working and studying in the UK and includes sponsored work under the skilled worker and temporary worker routes, student and graduate visas, investor, innovator and start-up applications
• Non points-based system visa routes
  • Visit visas
  • UK Ancestry visas
  • Family migration under Appendix FM
  • Private life and long residence applications
  • Applications under Appendix EU
  • Hong Kong (BNO) route
• Claims for asylum and human rights based applications

Who can give immigration law advice?

The provision of immigration advice and assistance is regulated in the UK. In order to provide immigration advice in the course of a business those who are not solicitors, barristers/advocates or regulated by the Institute of Legal Executives, have to be regulated or given an exemption by the Office of the Immigration Services Commissioner (OISC) if they wish to give advice on immigration or provide immigration services.

In general, immigration advice and assistance can be provided by the following:

• solicitors authorised to practise by the Law Societies of Scotland, Northern Ireland and England and Wales;
• barristers and advocates authorised to practise by the Faculty of Advocates, the General Council of the Bar or the General Council of the Bar of Northern Ireland;
• legal executives authorised by the Institute of Legal Executives;
• those regulated or exempted from regulation by the Office if the Immigration Services Commissioner (OISC).

Those providing unregulated immigration advice or services commit a criminal offence.

A list of immigration lawyers can be found on the Law Society of Scotland’s website. The Immigration Lawyers Practitioners Association (ILPA) website also provides details of firms providing immigration advice and assistance.

What does an immigration lawyer do?

For business

Our immigration lawyers advise and assist businesses and individuals in relation to a broad range of immigration matters, including preparing and submitting applications to the Home Office, appealing negative decisions and challenging Home Office decisions by way of judicial review.

Our immigration lawyers also advise those seeking asylum in the UK or making applications to remain in the UK on human rights grounds.

For individuals

Our specialist immigration lawyers understand the complexities and fast paced nature of immigration law. Our depth of knowledge means we can offer the right advice and pragmatic solutions based on your individual circumstances.

Our immigration team is experienced in the broad spectrum of UK immigration and nationality applications meaning we are uniquely placed to see you and your family through from that initial visa application to permanent residency and citizenship.

Our work focuses on understanding the needs of the individual who is looking to enter or stay in the UK to work and live. Our team of specialist lawyers provides tailored advice, guiding you through the intricate Home Office processes to find strategic solutions to your immigration problems.

Contact our immigration law team

Harper Macleod is a full-service law firm with offices in Glasgow, Edinburgh, Inverness, Elgin, Lerwick and Thurso. Our immigration team deals with a range of matters, from human rights applications all the way through to corporate audits on businesses wishing to become sponsors.

If you require assistance in navigating the complexities of immigration law, contact our immigration law team for advice and representation.