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You can take immigration advice if you require assistance with getting permission to remain in the UK. Immigration advisers can assist you with most things to do with immigration regarding helping you to fill in the right forms and representing you at a tribunal.
However, immigration advisers do not settle immigration decisions but they can offer you guidance.
If the UK leaves the EU without a deal, there will be no change to the rights and status of EU residents as of now living in the UK until 30 June 2021, or 31 December 2020. You and your family can apply to the EU Settlement Scheme to keep living in the UK.
The office of the immigration services commissioner (OISC) controls immigration advisers and ensures they satisfy certain guidelines. For instance, immigration advisers must convey insurance against offering poor guidance and they should stay up with the latest with current immigration advice.
OISC maintains a register of the immigration advisers that they regulate. However, you can complain about an immigration adviser if they provide poor service to you. Please do bear in mind; you cannot get any assistance or your money back if an adviser is not regulated.
Immigration advisers are just permitted to offer you guidance on things they are able to assist you with. You can perceive what exhortation they can give you by their level. There are three levels.
Level 1 adviser- advice and assistance
Level 1 adviser is allowed to offer you the assistance on simple and straightforward cases. For instance, advising on business visa extension while having no issues with work and all necessary documents level one adviser can advise you on entry clearance, leave to enter, leave to remain, nationality and citizenship and EU and EEA law. Where a case becomes confounded and complicated or an application is refused, adviser must refer the client as soon as possible to an adviser authorised to practice at a higher level. Level 1 adviser can work on Leave to Remain applications only where the client has surviving leave. Level 1 work will be inside the immigration rules or nationality law and EEA regulations. Besides, a few of the applications that fall inside the rules or nationality law are not considered as Level 1 work. That is why they require the presentation of extra representations or legal arguments which are not level 1 category.
Level 2 caseworkers can do everything what the level 1 caseworker can do but they can accept more complicated cases within the immigration rules as well as applications outside the rules and applications under UKVI’s concessionary policies. Advisers may arrange detailed written representations to UKVI requiring legal argument and request UKVI to exercise discretion in their decision making. Clients who enter or remain in the UK illegally may take advice from the Level 2 adviser.
A level 2 adviser can are allowed to submit a section 120 Notice and they can lodge appeals on initial grounds. While requiring specialist caseworker for instance challenging existing case law and third country asylum appeals, then level 2 adviser cannot conduct the case. They must refer the case to a Level 3 adviser or other authorised person.
Level 3 – advocacy and representation
Level 3 users are allowed to handle every case level 1 and level 2 advisers can. They can be present on your behalf at an immigration tribunal for you. Even if needed they can appear on the court. Level 3 advisers are able to regulate specialist casework for instance challenging existing case law and third country asylum cases.
Before an immigration judge only advisers at level 3 are eligible to represent clients at bail and appeal hearings. Only adviser who are authorised by the office of the immigration service commissioner (OISC) may pursue judicial review as a remedy for their clients.
Hiring an UK immigration advisor
While hiring an immigration adviser you must find out how much they charge. You must get a signed and dated receipt if you pay them any money. If you do not want them to conduct your case anymore they should ask how you will have to pay. However, if advisers do not charge a fee still you have to pay for any expenses like translation costs and application fees.
However, you can complain to the office of the immigration services commissioner about their bad advice you received from an adviser who is registered with OISC. Moreover, if you receive advice from an unregulated person you can let the OISC informed against them. Besides, if immigration adviser demands unreasonable fees you are able to complain.
You are not eligible to complain on how long your immigration application has taken. Besides, you cannot make a complaint about something that occurred more than 12 months ago. Even though depending on the situation OISC will decide if it will have to investigate.