Asylum claims

Legal aid for immigration and asylum

National law firm Solicitors representing clients across the UK

On this page
  1. What is covered
  2. Exceptional case funding
  3. The means test
  4. The merits test
  5. What it costs you
  6. How to find out
  7. Ask a question

Primus Solicitors holds a contract with the Legal Aid Agency for immigration and asylum work. If your case is within scope and you qualify financially, we can act for you under legal aid, which means the work is paid for by the Legal Aid Agency rather than by you.

What is covered

Legal aid for immigration is limited by law to certain types of case. In scope:

  • Asylum and humanitarian protection claims, including fresh claims, and appeals.
  • Immigration detention and bail.
  • Victims of trafficking and modern slavery.
  • Victims of domestic abuse applying for settlement.
  • Separated children in some circumstances, and some matters before the Special Immigration Appeals Commission.
  • Judicial review in immigration cases, subject to merits.

Most other immigration work (partner visas, settlement, citizenship, work visas) is out of scope unless exceptional case funding is granted.

Exceptional case funding

Where a case is out of scope but refusing legal aid would breach your human rights, for example a complex family case you cannot present yourself, the Legal Aid Agency can grant exceptional case funding. We assess whether to apply and make the application for you.

The means test

You must show that your income and capital are below the limits set by the Legal Aid Agency. People on asylum support or certain benefits pass automatically. The limits change, so we check your position rather than publish figures here. Some people pay a contribution.

The merits test

For appeals and judicial review, the case must have sufficient prospects of success. We give an honest assessment; if the merits test is not met we tell you, and you can instruct us privately if you wish.

What it costs you

Usually nothing. In some cases a contribution is payable, and in a successful money claim (for example unlawful detention damages) the Legal Aid Agency may recover its costs from the damages. We explain this before you sign.

How to find out

Call us. In the first conversation we check scope and means and tell you whether legal aid is available, and what the alternative would cost if it is not. See our fees.

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email.

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