Latest update: 13 March 2012

We are very grateful to Melanie Gower (Senior Researcher in the Commons Library covering asylum, immigration and nationality issues) for her help in revising and updating this guide.

It should be read alongside a very useful Standard Note (SN) from the Commons Library, 'Constituency casework: immigration, nationality and asylum'. This, and other essential items, is available from their very useful Constituency casework toolkit on the intranet: http://intranet.parliament.uk/research-online/research/constituency-casework/ and many are now accessible from the Parliament website as well. For example, the asylum, immigration and nationality ‘topics’ pages on the parliament website: http://www.parliament.uk/topics/Asylum-immigration-and-nationality.htm.

We also have this very kind offer from Melanie Gower, repeated again this month: "I’m happy to help MPs’ staff with general queries they may have on how to approach immigration and asylum casework or policy matters where I can. I’m on ext. 6166 or can be tracked down via the internal email address list.  I’m always willing to meet up with Members’ staff when they are in Westminster for an informal chat if it might help – especially for new members of staff." Most caseworkers are constituency-based so, if you are planning a trip to Westminster, do contact Melanie in advance.

This guide does not deal with asylum casework.  If this guide has been useful to you, you may also wish to look at the W4MP guide: Asylum Casework.

Contents

• Introduction

• Pointers

• Visa Applications

• Applications for further leave to remain or settlement

• Tribunals Service (Immigration and Asylum Chambers)

• Useful information forms

• Relevant websites

Introduction

Depending on the location and demography of your constituency, immigration will play a larger or smaller part of your casework load. Immigration falls into two separate parts, each dealt with by directorates within the UK Border Agency (UKBA - an Executive Agency which reports to the Home Office):

• Visa applications (i.e. applications for temporary admission into the UK) are made in the applicant’s country of residence,

• whereas most Applications for Leave to Remain or for Settlement are made in the UK.

The most common thing that you, as a Caseworker, will be asked to do is to find out the progress of the case. The UKBA always has a backlog and these backlogs can go on for a very long time. To chase up a case, you must e-mail, write to, or telephone, the appropriate MPs Hotline - see our list.  You will need the applicant’s Home Office reference number and/or their date of birth and nationality so that the Hotline staff can find the case as quickly as possible. However, it must be stated that phoning the MPs Hotline does not guarantee that the case will be looked at any quicker; it should, however, establish whether the file has been mislaid and whether or not the case is currently with a caseworker or still waiting to be allocated.

Pointers

• Many immigration, nationality and asylum enquiries come from constituents who really need professional advice.  Under the Immigration and Asylum Act 1999 It is a criminal offence for a person who is neither registered, authorised nor exempt to provide immigration or asylum advice or representation in the course of a business.  Members’ staff are not registered; nor are they specifically exempt, though they may not considered to be acting in the course of a business.  You should nevertheless be careful to keep the information general rather than trying to suggest specific solutions for individual cases.  MPs and their staff should not involve themselves in the completion or submission of application or appeal forms.  If in doubt, refer the constituent to a specialist solicitor or immigration adviser.  This may seem unhelpful, but a constituent will be helped much more by correct professional advice.
• You must consider every case on its individual merits.  Just because you find a person amiable or unpleasant must not cloud your dealing with a case.
• English will not be the mother-tongue of many applicants and there may well be communication problems with the applicant. In these cases, it is advisable to speak with the applicant’s solicitor or book the constituent a surgery appointment.
• If a family is making an application (as opposed to an individual application), it is essential that all the applications are linked.
• If at all possible, advise the applicant to attend any appeal hearing.
• Ministers and officials will rarely intervene in a case whilst an appeal hearing is outstanding, or overturn a previous UKBA or appeal decision unless there are some extremely compelling reasons to do so (such as strong new evidence which has not been considered before).
• It is a good idea to become familiar with the UK Border Agency websites (see below).  Many common casework queries can be dealt with by identifying the relevant published guidance.  The UKBA website also has a correspondence tracker, details of which can be found in our Hotlines list.

Visa Applications (See also our page on the UK Border Agency’s visa services website.)

Individuals who want to come to the UK for a specified time period, for example a family wedding, university education or a holiday to see family, make visa (also known as ‘entry clearance’) applications. It is not the job of the Caseworker to be involved in visa applications, although occasionally a constituent may ask their Member of Parliament to provide a letter in support of a visa application before it is submitted.  Such letters are not essential, but will be considered by Entry Clearance Officers - although the official guidance states that they should not attach ‘disproportionate weight’ to them (see http://www.ukvisas.gov.uk/en/ecg/ecbasics/undertakings#12471075).  It is more important that an applicant provides credible supporting evidence which addresses the specific requirements of the category in which they are applying.

You will normally only hear about a visa application if it is initially refused by the Entry Clearance Officer (ECO).  Basically, the ECO needs to be convinced that the applicant is genuinely intending to visit the UK for the purpose stated in their visa application and will not attempt to stay in the UK beyond the designated time period.  The applicant should provide details of their circumstances in their home country (e.g. ties to property, job and family), to show that they do not desire to outstay their visa and will return to their own country. 

Applicants also need to show that they can be supported during their stay in the UK without any recourse to public funds. Some categories of application (such as family visitors or entry as a spouse) require a sponsor in the UK. The sponsor in the UK will need to provide their financial details and details of property ownership to prove that the visa applicant can be adequately accommodated and maintained without recourse to public funds.

Marriage applications can sometimes be tricky.  If an overseas applicant wants to join their UK citizen spouse then proof must be given that it is a genuine marriage, i.e. the couple will live together.  This would entail providing the marriage certificate, birth certificates of any children they have had, proof that the property the UK-based citizen has can house the applicant (i.e. not in a bed-sit), and proof that the applicant will be able to sustain themselves without recourse to public funds. If a visa application is refused the applicant will be given a written notice of the ECO’s reasons for refusing the application.  They will also be informed of what appeal rights they may have (only certain types of visa have full appeal rights).   Constituents may contact their MP’s office at this stage to request assistance in asking for a review of a refusal decision.  The constituent should be aware that this is not the same as initiating the formal appeal process (for which there is a strict deadline).

Once an application to appeal against a visa refusal has been made, the initial decision will be reviewed by Entry Clearance staff.  If the initial decision is not overturned at that stage it will progress to consideration by an Immigration Judge.  Visa appeals can either be considered on the papers or at an oral hearing (which an applicant’s sponsor can attend).  There are set timescales in which appeal applications are supposed to be lodged and considered (see the frequently asked questions produced by the First Tier Tribunal Tribunal: http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/immigration-and-asylum/first-tier/faq.htm.)  However it can sometimes be advisable for an entirely fresh application to be made as the appeals process can take longer than a re-application. New applications are considered on their own merits and not on the basis of previous applications, although the applicant should be mindful of the reasons why the previous application was refused in order to prevent a future application being refused on similar grounds. 

Applications for further leave to remain or settlement

'Leave to remain' means just that - permission from the Home Secretary (in the shape of the UKBA) to remain in the UK. This could be either in a temporary capacity (eg student) or in one which leads eventually to Indefinite Leave to Remain - also known as ‘settlement’ (eg spouse). The length of time that a person must spend with temporary leave to remain before they are eligible to apply for indefinite leave to remain varies, depending on their immigration category.  People who enter the UK as a spouse of someone settled here can apply after 2 years, for example, whereas skilled workers must spend 5 years in the UK before they are eligible to apply for settlement.

Not all temporary immigration categories can be extended, or lead on to a right to apply for Indefinite Leave to Remain.  The rules about ‘switching’ immigration category from within the UK are also becoming increasingly restrictive – often the UKBA will require the person to leave the UK and reapply for a new visa to return to the UK.

People who need to apply for Further Leave to Remain should make sure that they submit their application before their previous leave expires.  If the UKBA accepts that they have made a valid, in-time application for Further Leave to Remain they can continue to have the same rights and entitlements as under their previous leave until their new application is decided and will receive a letter from the UKBA to that effect, so that they can prove their immigration status, if required (e.g. to their employer or bank).

Most applications are straightforward but, in the nature of things, it is the complex cases which will arrive on your desk.  Involving a solicitor with expertise in this area may add to costs (unless the applicant qualifies for legal aid) but may be necessary in such cases.  The MP cannot do the actual application, but they can chase up cases at the request of the applicant or solicitor.  

Tribunals Service (Immigration and Asylum Chambers)

On occasion it may also be necessary to contact the Tribunals Service (Immigration and Asylum Chambers). This is an independent body that deals with all immigration appeals, whether Leave to Remain or Visa. It is normally contacted to check that all appropriate documents have been received, or to send a further letter of support for consideration.

Useful information forms

It is vital that you have relevant and accurate information to hand when dealing with immigration casework.  We offer four forms to help you collect this information and you are welcome to use or modify these to suit yourself:

• Visa for Visitor (PDF 9KB)

• Visa for Spouse (PDF 9KB)

• Settlement Visa (PDF 9KB)

• Extension of Stay for Spouse (PDF 6KB)

Relevant websites:

Click here for our brief guide to the Immigration Advisory Service (June 2006). The IAS went into administration in July 2011.

UPDATE MARCH 2012:
Important and Urgent information about time limited retrieval by your constituents of their IAS files

Joint Council for the Welfare of Immigrants (JCWI) have some useful publications, including their Immigration, Nationality & Refugee Law Handbook; details on their website.

LL/May 2004
Revised KL March and June 2006, July 2007
Thoroughly revised MG/KL January 2010
Minor updates June/July 2011

With acknowledgements to:

• Karen Lawrinson and Kat Sutcliffe for permission to use their information forms.
• Gabrielle Garton Grimwood, Immigration, asylum and nationality researcher, Home Affairs Section, House of Commons Library
• Melanie Gower, Senior Researcher in the Commons Library covering asylum, immigration and nationality issues