"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Saturday, 16 August 2014

Legal Advice No Longer?

What is the difference between Legal Support and Legal Advice?

Author: Mark

Source: Right to Remain (formerly the National Coalition of Anti-Deportation Campaigns)


With the latest tightening of the immigration rules in the Immigration Act 2014 exemptions to the section 82 v of the Immigration and Asylum Act 1999 were abolished requiring everybody giving legal advice about immigration to be registered. 
Further details are due in September from OISC with their aim to have the new system up and running by March 2015 as highlighted in their email to ARIA:
http://ariauk.wordpress.com/2014/08/01/message-from-the-oisc/

The previous changes saw many advice centres and charities refuse to deal with immigration linked cases any more.  These further changes could see what restricted advice that is still available further disappear; as over stretched charities/NGOs can not afford to take risks or allocate the extra resources needed to deal with the red tape.

Right to Remain has written an informative article that gives hope that people will still be able to get support when faced with immigration problems as it highlights the difference between Legal Support and Legal Advice. http://www.righttoremain.org.uk/legal/legal-support-not-legal-advice/

They conclude:-
"Legal advice can be defined as the application of legal rules and principles to a specific set of facts"
People will find that their expectations of how far support from organisations can go will also have to be adjusted. 
They go on to highlight that:- 
"Legal advice is specific, direct, and proposes a course of action. Legal information is factual, generic, and does not address any one particular cause of action."

OISC also issues its previous long definition of what is immigration advice.
It's page will have to be updated to reflect the upcoming changes.

The legitimate aim may have been to protect people from bad advice and being ripped off. But the real world effect, combined with the changes to the appeals system and cuts to legal aid, is that peoples Article 6 rights to a fair trial and justice have been compromised.

These changes impacting free advice will severely reduce the options available to people when often it is a starting point for many to find out legal information related to their specific problem before having to find the costs for detailed legal advice and to know whether they need to go along that route in the first place. 

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