CCLC would always recommend that you get advice and representation from a regulated legal representative where possible. We are providing general information to help you to make an application or appeal by yourself if you can’t find a lawyer.
What is legal aid?
Legal aid is help given to people who cannot afford to pay for legal assistance. If your case is eligible for legal aid, the government will pay for the cost of advice and representation.
Legal aid in asylum and protection cases
You can get legal aid for asylum and humanitarian protection cases. Legal aid is also available for cases involving Articles 2 and 3 of the European Convention on Human Rights. Together with asylum and humanitarian protection claims these are sometimes known as ‘international protection’ claims. These are applications you can make which are all based on the risk to you and your fear of return to your country of origin.
If you believe that there is any risk for you, your partner, or your children back in your country of origin, you should discuss your case with an immigration solicitor. You should explain the risk and ask them to represent you under legal aid. If you are in doubt about whether you can get legal aid, always check (see below). Unaccompanied children and young people will often have an international protection claim and should explore this with a solicitor.
What other types of immigration-related cases can you get legal aid for?
You can also get legal aid for certain immigration applications if you are a victim of trafficking (if you have a ‘positive reasonable grounds decision’). You can also get it if you have been a victim of domestic violence and for cases involving Special Immigration Appeals Commission (SIAC) proceedings.
Legal aid is also available for challenging immigration detention. For example, you can get legal aid to apply for bail or challenge the conditions of your release, as well as to challenge unlawful detention.
It is also possible to get legal aid for judicial review proceedings. However, it can be quite difficult to get legal aid because of the way the Legal Aid Agency funds these cases. If you want to start judicial review proceedings, you should speak to a lawyer about how you can pay for your legal fees.
There are lots of other legal problems which people who have immigration issues may experience (such as criminal matters and discrimination claims). Legal aid may be available for these cases.
How do I check if I could get legal aid?
You can check whether legal aid is available for your type of case online, by calling Civil Legal Advice (0345 345 4 345), or by contacting a local legal aid provider.
What are the ‘Means’ and ‘Merits’ tests?
Legal aid cases are always ‘means tested’. This means that the Legal Aid Agency will only grant legal aid to people who have a low (or no) income and savings. You can check if you qualify financially online: https://www.gov.uk/check-legal-aid.
Legal aid cases are also ‘merits tested’. This means that legal aid will only be granted if paying for legal advice is a good use of public money. The criteria for assessing merits depend on the type of case. The legal aid lawyer will assess the merits of your case before they agree to take it on. Normally funding will only be granted if your case is likely to succeed, but sometimes you can receive basic legal advice even if you do not meet this condition.
What types of immigration-related cases can’t you get legal aid for?
If you are not at risk on return to your country and your case is based on any of the categories listed below, you will generally not be eligible for legal aid:
- your rights or your family’s rights under Article 8 of the European Convention on Human Rights (the right to respect for private and family life)
- the length of time you have lived in the UK
- marriage to a British national
- relationship with your British child
- deportation from the UK
- work visas
- student visas
- family visas
- refugee family reunion
- nationality and citizenship issues
- your rights as an European Economic Area (EEA) national or the family member of an EEA national
Getting 'exceptional case funding'
If your type of case is not eligible for legal aid, you can apply for ‘Exceptional Case Funding’ (ECF). ECF will only be granted to cases which are particularly complicated, or to people who would have serious problems applying without help from a lawyer. The funding is there in order to avoid a breach of peoples’ human rights or EU rights. Your case also need to meet the means and merits tests.
If there is some reason why you can’t represent yourself (such as a disability or vulnerability), then you should speak to a solicitor or an accredited immigration adviser about ECF. ECF may also be suitable if you are a child or young person. It is possible to apply for ECF by yourself. For more information about ECF, please see our fact sheet here.
How do I find a legal aid lawyer?
Only immigration lawyers who have a contract with the Legal Aid Agency can take on legal aid cases.
There are currently not enough legal aid immigration lawyers in the UK to help everyone who needs it. This means that you may have to contact many different lawyers, and it can take a long time to find one who is able to help you. Keep trying, as we would always recommend that you seek expert legal advice in relation to your immigration case.
These websites might help you to find a legal aid advisor:
https://find-legal-advice.justice.gov.uk/ (England and Wales only)
https://www.slab.org.uk/new-to-legal-aid/find-a-solicitor/ (Scotland only)
https://home.oisc.gov.uk/adviser_finder/finder.aspx
http://solicitors.lawsociety.org.uk/
http://www.ilpa.org.uk/search-directory.php
Some Law Centres will also take on immigration legal aid cases:
https://www.lawcentres.org.uk/
What can I do if I can’t get legal aid?
The local authority may have a duty to pay for legal services for you if they are helping you. For example, if you are a child or young person in the care of the local authority, a care leaver. If you would like more information about this, please see our fact sheets or contact the Migrant Children’s Project advice line.
A few solicitors firms, charities and community organisations offer limited ‘pro bono’ (free) legal representation in immigration cases.
Alternatively, if you have enough money you could pay a solicitor or immigration advisor to represent you. It is important to choose an advisor that is a regulated professional. These websites might help you to find an advisor:
http://solicitors.lawsociety.org.uk/
http://home.oisc.gov.uk/adviser_finder/finder.aspx
http://www.ilpa.org.uk/search-directory.php
Fees for legal services vary a lot. It is important to find out about the reputation of the firm first.
Before they take on your case, ask for an estimate of what it will cost. Then always ask for a receipt when you pay.
We would always recommend that you seek expert legal advice in relation to your immigration case. However, if none of the options set out above is available to you, you can also represent yourself.
What makes a good lawyer?
Even if you have a lawyer, remember that your case is far more important to you than it is to them. It is part of your lawyer’s job to explain things to you in a way you understand. You should always ask them questions if you do not know what is happening on your case. If you are not happy with a decision of the Home Office or Tribunal, you should talk to your lawyer. You should also talk to them if you do not think they are doing a good job. For more information about what to expect from your lawyer, please see the Bar Standards Board guide here.
