Advisers

Do I need an adviser?

The UK Border Agency (UKBA) usually puts their proposed application forms before a user group for comments and criticism, and this helps assure that the application is accessible and easy to understand. So in most cases, specifically those where the application is straight-forward and within-the-rules, an adviser is not usually necessary.

If an applicant is seeking a concession, however, it is generally a prudent measure to arrange a consultation with an adviser. There are also within-the-rules applications which are complex or require some delicacy by way of explanation where it would be appropriate to get an adviser involved. Certainly if an appeal or tribunal is at hand, then representation is definitely needed. And finally, some people may need some help assembling the appropriate evidence, and an adviser is useful for this also.

But generally speaking, the overwhelming number of applicants and their sponsors are straight-forward and within the rules, and an adviser would not be necessary. 

Finding Legal Assistance

If you need assistance with an immigration issue, or if you believe your circumstances are unusual in some way, you can go to a solicitor or adviser and ask for a consultation. This is usually a brief meeting to go over your case and to get a preliminary assessment of its strengths and weaknesses. If the solicitor or adviser suggests that you would be better off with assistance, they will provide you with a client care letter which lists their fees and the services they will provide to you.

If you need help, but are unable to afford the services of a solicitor, you may be able to ask the Citizen's Advice Bureau (CAB) in your community for help. These bureaux are registered charities and are staffed by trained volunteers. Most CABs have a certification to provide immigration advice up to initial advice, and they maintain a referral list if more advanced advice is needed. Some CABs even operate internet chat rooms and give assistance online! To locate a CAB in your community, you can use their search facility at "Get Advice".

Another resource that can provide free assistance with immigration problems is the Law Centres Federation. Law Centres are funded by grants and are permitted to work with people who live within a pre-defined area. To locate a Law Centre in your community, you can use their search facility at Find a Law Centre

The Coventry Law Centre provides free telephone advice for people with immigration problems. 

Preparing for a consultation or telephone enquiry

Before meeting an adviser (or telephoning for assistance), Transpondia recommends a few preliminary steps...

  • Define the broad category of help you are seeking. Some examples are: family immigration (including children), immigration from within the EU, work related immigration issues (including work permits and HSMP), nationality, family visitors, students, nanny/au pair/domestic servants, permit free employment, overstayer, and so on.
  • If the enquiry concerns a specific visa, then the type of visa, when and where it was issued, and its expiry. Also any annotations made on the visa. The nationality and issue date of the passport may also be needed.
  • If an adviser or solicitor has been involved with your case, their name and contact details.
  • Some services require that you qualify for free assistance, and determine if you meet the criteria you would need to have information on any pensions or benefits you are receiving, information about your dependents and any child benefits you are receiving, information about your employment and income.

If you are going to see a fee-earning specialist for a consultation, we recommend that you spend a moment to prepare and to gather all the relevant materials first. Doing so may save you some money. Here is an example of what to prepare if you are seeking assistance for a spouse visa...

  • Your identification, nationality, and proof of residence in the UK
  • Details of when and where the marriage took place.
  • Your housing details, if owned or rented, if you are living with family, the number of residents that occupy the dwelling, tenancy agreements or mortgage statements.
  • Your occupation, employment contract, salary slips.
  • Your financial standing, bank statements, pension statements, shares and dividend statements.
  • Your marital history and your sponsorship history, the applicant's marital history.
  • Applicant's details including date of birth and nationality. The applicant's criminal history, if appropriate.
  • The applicant's employment prospects.
  • The applicant's immigration history.
  • Details of any dependents to be included with the application, whether or not the dependents require permission from a divorced parent in order to settle in the UK.
  • The British consulate and Visa Application Centre covering the area where the applicant lives. When you expect to apply and whether you will apply in person or by post. 

If you need advice and are not in the UK

There are no advisers or solicitors who can guarantee success because of a special 'connection' they have with someone inside the UK government or within a particular consulate abroad. History tells us that when these situations existed, they were very short-lived and brought needless suffering to everyone involved. Additionally, there are no advisers or solicitors who can secure a visa that you do not qualify for. If you need an adviser and are outside of the UK, you can contact the Law Society and locate an accredited correspondent in your country.

To our readers in Southeast Asia, Transpondia is aware that there are travel agents, estate agents, notaries, and so forth who offer immigration services and profess to have expertise about matters arising under UK immigration law. In many cases these 'advisers' are simply reading what is publically available on the UKvisas web site and charging you money for it.

To our American readers, the requirements for an Ancestry Visa are very straight-forward, chiefly a grandparent who was born in the UK and the applicant is a citizen of a Commonwealth country. Services that offer to provide an exhaustive search of your family tree to see if you qualify for an Ancestry Visa are misleading. It is only a grandparent who was born in the UK, and more distant relatives (i.e., those farther up your family tree) will not help you qualify. The Ancestry Visa is not available to United States citizens unless they hold dual nationality with a Commonwealth country, and money spent in this endeavor without a Commonwealth passport will be wasted.

And finally, if you are offered a contract that is not in your native language, insist that the contract be provided in both languages. 

 

To follow up on this information, check our Internet Resources page...

Reviewed 9 May 2012

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General FAQ

Does the British Consulate need my biometrics in order to begin assessing my application?

Yes. The consulate will begin only after your fee has been paid and your biometrics have been collected.

Once I have enrolled, how long does it take my biometrics to arrive at the consulate?

Your record is transmitted electronically, like email, so it is virtually instantaneous.

What can I do to expedite the biometrics process?

You can try to change your appointment by selecting a different centre. You can also try to see if a different biometric centre can take you without an appointment, but there are no guarantees that this will be successful. A British consulate will not expedite an application simply because you have booked a flight; and we have always advised that flights should not be booked until a decision has been made and your passport has been returned.

Can I have my biometrics taken at the British Consulate?

Biometric enrolment is usually outsourced to 3rd party contractors although a few posts in smaller countries still have the equipment and can enroll you. In larger countries, this is not an option.

How much does biometric enrolment cost?

All of the costs are included in the application fee paid to the consulate.

Is it morally right to collect biometrics?

On a site like this, it doesn't matter. It is the right thing to do for those seeking an entry clearance to the UK because without biometrics, the application will be refused.

Why are my biometrics being given to the United States Government?

Because both governments believe there is a mutual benefit to doing so.

How are false matches handled?

False matches occur when your biometrics match someone else's. The theoretical probabilities of this are small, but computer glitches and inaccuracies wrought from using different equipment raise the chances to a visible level. False matches are currently dealt with manually on a case-by-case basis.