IMMIGRATION LAW SGS 1: NAVIGATING LEGISLATION
THE SYSTEM OF IMMIGRATION CONTROL
ROLE OF AN IMMIGRATION LAWYER
What work does an An immigration solicitors’ role can vary depending on the type of case they are
Imm solicitor do? working on. You could be advising a CEO in a global company or assisting
vulnerable individuals who are fleeing persecution.
Public/Private work Firms may specialise in both private and publicly funded work.
Specialisation Firms may choose to specialize in one area of immigration law. For example, a firm
may deal only with cases relating to the investor visas and not family reunion law.
Supervision Immigration lawyers are supervised by the SRA.
OISC Regulation Immigration advisors and lawyers to operate outside the supervision of the SRA.
This will usually apply to non-solicitors, who choose instead to work under a
separate body known as the Office of Immigration Services Commissioner
(OISC).
How was the OISC By the Asylum Act 1999.
created?
Powers of the OISC It monitors the immigration advice. It has wide powers which include disciplinary
action and criminal prosecution.
Requirements of Immigration practitioners regardless of their supervisory body who choose to provide
publicly funded publicly funded work must have an accreditation under a scheme provided by the
work Law Society and the Legal Aid Agency.
THE SYSTEM OF IMMIGRATION CONTROL
What is immigration Immigration control is the system in the United Kingdom which identifies who and on
control? what basis a person can enter the UK.
Different forms of The forms of control differ between the different groups of people seeking to enter
control the UK. For example, people are subject to different requirements depending on the
reason they want to come to the UK, how long they want to stay.
Main governmental UK Visa and Immigration Agency
body
What is the main Immigration Law:
, piece of legislation
Immigration Act 1971 (IA).
This act has been significantly amended by later pieces of legislation.
British Nationality Law:
British Nationality Act 1981 (implemented on the 1 January 1983).
This has since been amended by various provisions:
The Nationality, Immigration and Asylum Act 2002
Immigration, Asylum and Nationality Act 2006
Immigration Act 2014
Law on Appeals:
National Immigration and Asylum Act 2002.
Amended by:
Asylum and Immigration (Treatment of Claimants etc) Act 2004
Immigration Asylum and Nationality Act 2006.
Abolishment of the The Immigration, Asylum and Nationality Act 2006 abolished some rights of appeal,
right to appeal (in particularly in relation to entry clearance and employment categories.
some cases)
Protection against The Race Relations (Amendment) Act 2000 extends the Race Relations Act 1976,
discrimination which makes its unlawful for the authorities to discriminate against anyone on
grounds of race, colour, or ethnic origin.
Permitted Discrimination on basis of nationality is permissible sometimes however this is only if
discrimination this form of discrimination is authorised at a ministerial level.
For example, immigration authorities to can impose harsher requirements on certain
nationalities when taking their fingerprints/photographs however once again this must
be authorised at ministerial level.
(Race Relations (Immigration and Asylum) (Comparison of Fingerprints and
Photographs) Authorisation 2006)
Changes to The Immigration Act 2014 (IA 2014) introduced significant changes, most of which
Immigration Law removed many rights or limited them in some way.
Most of these changes have been facilitated by secondary legislation, which only led
to further complexity.
Implementation of The Immigration Act 2016 made it much harder to live and work illegally in the UK.
the Immigration Act
2016
Effect of the It introduced the following new provisions:
Immigration Act
2016 a. the offence of illegal working
b. Immigration bail and,
c. A new skills levy
THE SYSTEM OF IMMIGRATION CONTROL
ROLE OF AN IMMIGRATION LAWYER
What work does an An immigration solicitors’ role can vary depending on the type of case they are
Imm solicitor do? working on. You could be advising a CEO in a global company or assisting
vulnerable individuals who are fleeing persecution.
Public/Private work Firms may specialise in both private and publicly funded work.
Specialisation Firms may choose to specialize in one area of immigration law. For example, a firm
may deal only with cases relating to the investor visas and not family reunion law.
Supervision Immigration lawyers are supervised by the SRA.
OISC Regulation Immigration advisors and lawyers to operate outside the supervision of the SRA.
This will usually apply to non-solicitors, who choose instead to work under a
separate body known as the Office of Immigration Services Commissioner
(OISC).
How was the OISC By the Asylum Act 1999.
created?
Powers of the OISC It monitors the immigration advice. It has wide powers which include disciplinary
action and criminal prosecution.
Requirements of Immigration practitioners regardless of their supervisory body who choose to provide
publicly funded publicly funded work must have an accreditation under a scheme provided by the
work Law Society and the Legal Aid Agency.
THE SYSTEM OF IMMIGRATION CONTROL
What is immigration Immigration control is the system in the United Kingdom which identifies who and on
control? what basis a person can enter the UK.
Different forms of The forms of control differ between the different groups of people seeking to enter
control the UK. For example, people are subject to different requirements depending on the
reason they want to come to the UK, how long they want to stay.
Main governmental UK Visa and Immigration Agency
body
What is the main Immigration Law:
, piece of legislation
Immigration Act 1971 (IA).
This act has been significantly amended by later pieces of legislation.
British Nationality Law:
British Nationality Act 1981 (implemented on the 1 January 1983).
This has since been amended by various provisions:
The Nationality, Immigration and Asylum Act 2002
Immigration, Asylum and Nationality Act 2006
Immigration Act 2014
Law on Appeals:
National Immigration and Asylum Act 2002.
Amended by:
Asylum and Immigration (Treatment of Claimants etc) Act 2004
Immigration Asylum and Nationality Act 2006.
Abolishment of the The Immigration, Asylum and Nationality Act 2006 abolished some rights of appeal,
right to appeal (in particularly in relation to entry clearance and employment categories.
some cases)
Protection against The Race Relations (Amendment) Act 2000 extends the Race Relations Act 1976,
discrimination which makes its unlawful for the authorities to discriminate against anyone on
grounds of race, colour, or ethnic origin.
Permitted Discrimination on basis of nationality is permissible sometimes however this is only if
discrimination this form of discrimination is authorised at a ministerial level.
For example, immigration authorities to can impose harsher requirements on certain
nationalities when taking their fingerprints/photographs however once again this must
be authorised at ministerial level.
(Race Relations (Immigration and Asylum) (Comparison of Fingerprints and
Photographs) Authorisation 2006)
Changes to The Immigration Act 2014 (IA 2014) introduced significant changes, most of which
Immigration Law removed many rights or limited them in some way.
Most of these changes have been facilitated by secondary legislation, which only led
to further complexity.
Implementation of The Immigration Act 2016 made it much harder to live and work illegally in the UK.
the Immigration Act
2016
Effect of the It introduced the following new provisions:
Immigration Act
2016 a. the offence of illegal working
b. Immigration bail and,
c. A new skills levy
