Law Society Warns Of ‘Serious Flaws’ In UK Immigration System

24 Apr 2018, 31 mins ago

The Law Society, which represents solicitors in England and Wales, has warned of grave problems in our immigration and asylum system, which undermine the rule of law, whilst also damaging our country’s reputation for justice and fairness.
This warning comes at a time where UKVI faces possibly the largest single influx of applications in its history, given the three million EU nationals currently residing in the UK who may wish to seek to cement their status post-Brexit. Solicitors, charities and the media have long reported on the huge delays and inconsistent decisions in immigration applications. According to Ministry of Justice figures the number of appeals being upheld has been steadily increasing over the past three years. Currently almost 50% of decisions that go to appeal are overturned, suggesting that the system is “seriously flawed”.

For many visa routes, including sponsored workers and Tier 1 Investors, there is no longer a right of appeal following a refusal. Faced with a refusal these applicants can either make a fresh application (which includes the payment of another fee) or request an administrative review, which effectively entails the Home Office re-assessing its own decision. 

UK visa applications are extremely expensive with costs rising frequently. The fees for an application for indefinite leave to remain, for example, are currently £2,297 per person. However, the Home Office’s own figures show the unit cost of such an application to be just £252, which amounts to an 811% profit. 

The Law Society concluded their warning by calling for an “immigration and asylum process that is fit for purpose and that makes lawful, timely, consistent decisions”. 

Gherson has over 30 years of experience handling the immigration matters of both individuals and corporations. Should you wish to discuss your immigration matters please do not hesitate to contact us.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2018