I'm an immigration lawyer - AMA

[ImmigrationLawyer]

Not a TAAT, but inspired by a discussion on AIBU. I'm an immigration barrister with over 20 years experience. AMA!

Yes, unfortunately so. Less educated, or seriously traumatised, applicants are less likely to be able to hold their own against questioning. But that's not a problem which is exclusive to immigration law, or indeed exclusive to law.

Thank you, this is very informative.

Regarding 'family reunion', how easily can the family leave their home country? I imagine if the (eg) husband had been targeted by his government and was granted asylum in another country, his family wouldn't want to draw attention to themselves by turning up at the airport with asylum documents, for fear of being refused departure or even being detained. Would they try to leave via another country, and then on to the UK?

It depends on the country. There are some countries where however oppressive the authorities might be to an individual, they won't target his wife or children - and others where they would do exactly that. In some places you can pay a bribe to get safely onto the plane, others the family might go 'on holiday' to the next door country and leave from there.

My family member was able to overstay for 6+years. SAHM, delivered privately at hospital, children in private education. All medical paid for.
partner has funds in various off shore trusts and took years to sort to home offices approval. Caucasian, educated so easily under the radar, she travelled off the UK every 6 months for a few days time, for years and reentered each time not questioned by border agents (non uk). So in my experience there really isn’t much appetite to stop/investigate by the government.
maybe the trigger is applying for benefits?
if they really were keen to stop, usa style border controls would be helpful.

Do you find the presumption that immigration lawyers only work with asylum or illegal immigration frustrating?

I wonder this because I have an immigration lawyer as part of our package for moving to and remaining in the USA.
They have worked with us through several visas, various travel documents and green card applications.

We are economic migrants and have always been legal. We are also white and quite economically successful so I think get viewed very differently at times.

You said you’ve represented ‘Vastly more men than women for asylum claims.’ Do women tend to have arrived in the U.K. through different routes than men eg flying in as a visitor and then claiming asylum? Are women more successful than men in being granted asylum?

Have you represented trafficked women?

Do you like your job?

The stereotypes can be quite frustrating. Particularly the ones that immigration lawyers are somehow in cahoots with people smugglers and trying to bring the government down, or on the other side of the same coin, that we alone are the virtuous protectors of the innocent. Neither are helpful.

Some immigration lawyers do specialise in asylum, or only specialise in business immigration, but most of us do a variety of work, including student or business visas.

Thank you for your response @ImmigrationLawyer

There tend to be fewer women claiming in general but obviously they do make up a significant minority of claimants. It's a generalisation but yes, women often enter as visitors or students and then claim (although some men also do that). The basis on which women claim is often different too - I've done a lot of domestic abuse, sexual orientation, FGM and honour killing cases where the risk isn't directly from the state but from the family, and the state is not willing to protect her. And there are women who are at risk from the state, Iran and Afghanistan are obvious examples at the moment.

Yes, I've done trafficking cases. Some of the accounts I've heard have been absolutely horrific.

Very much. It's varied, sometimes challenging, and often rewarding.

Thank you. I’m glad that they have people like you to put their case.

Refugees are, as you say, not obliged to seek asylum in the first country they arrive in.

Why do you think that many prefer to move on to the UK, even risking the Channel in flimsy boats? Is it because rules are tighter elsewhere? It has always puzzled me that if you are safe in the EU you might risk your life to come here.

The Home Office website makes it seem very difficult to gain long term entry to the UK for family members i.e. parents of those settled in the UK but originally from outside the EU. Is this your experience?

Are there any industries/ jobs/ situations that you find crop up time and time again as places where trafficked people end up? I know the stereotype is probably a nail bar, and there are definitely some places I would avoid because of a perception that those people might not be there happily. Is there anywhere in particular where victims might be hidden in plain sight?

Relatively speaking - and I appreciate it probably doesn't feel like it for residents of Kent at the moment - but relatively, the UK doesn't take as many refugees as other countries. There are more in Germany and France for example, and many, many more in Pakistan and Turkey. Just by comparison to the EU member states, we rank 14th out of 27 in terms of numbers of applications per 100,000 population (see here p26 for graph researchbriefings.files.parliament.uk/documents/SN01403/SN01403.pdf). So the narrative that "they're all trying to get to the UK" isn't accurate, although as you say, some are trying to get here in preference to staying in another EU country.

I don't think it's because the rules are tighter elsewhere. Other countries have higher success rates. The behaviour of the police at Calais doesn't help as it reinforces the idea that France isn't a safe country.

Of those who travel through safe European countries to get here the reasons I've heard have included

• I speak some English and I don't speak any other European language

• I've heard the UK respects human rights and my claim will be fairly considered

• I have family here

• I've heard horror stories about the police dispersing, gassing and beating refugees in [insert country they travelled through] or I've experienced it myself

• The agent had my passport and didn't tell me where we were, I just did as I was told

Sometimes a mixture of the above.

Yes. The new rules on elderly dependent relatives set a very high bar indeed.

Nail bars, yes.

Cannabis factories and brothels are two very obvious ones, although I'm guessing that most MNers aren't spending their time smoking weed and visiting brothels.

The ones that spring to mind other than those are people who have been trafficked to work in agriculture, as restaurant porters, or as nannies, housekeepers, and drivers for the super-rich. It is rare but it does happen.

are employers on your list of clients?

those that find themselves on the 'wrong' side, unsure about the status of employees? or unsure about their rights and obligations?

Yes - although they tend to get advice from solicitors rather than barristers. I only see them if it has all gone wrong - for example if they need to challenge a decision to remove their sponsor licence.

Could I ask about the whole Rwanda thing? Is this legal? Have any of your clients been shipped out? Do you have a means of preventing this happening?

Thank you for this thread. You write so well.
I'd like to know why you chose this as a career and what you studied at university. At what point did you decide to specialise in immigration? Is it a competitive to get into this area of law.
I'd also love to know how much you earn but understand if you don't want to say. Could you earn more doing a different type of law?
I think it sounds a really interesting and worthwhile career.

Thank you

None of my clients have been sent to Rwanda - I don't think anybody has at this stage.

Is it legal? We don't know yet. There's an outstanding challenge and we are still waiting for the decision to be handed down. It's likely that whatever happens, there will be further challenges and appeals. And even if the scheme as a whole is lawful, there will still be individual challenges on the basis of individual applicants' unsuitability for the scheme.

I can't do better than recommend this Free Movement blog post on the current state of the Rwanda challenges freemovement.org.uk/whats-happening-in-the-rwanda-legal-challenges/

Thank you.

Thank you! I didn't do law at university, I did history and then a law conversion course. Then I did pupillage in another area of law, but discovered I really loved immigration (and was far better at it!) Earnings vary according to whether I've had a year that's heavy on legal aid or a year that's heavy on private clients or businesses. I earn more than the national average salary but nowhere near what barristers do in other areas like shipping or tax. It's competitive to get to the Bar in general, but immigration isn't the most competitive area once you are there.