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Immigration lawyers deal with all legal matters relating to immigration and nationality. The work ranges from asylum and human rights claims through applications by family members and students to how businesses can secure immigration status for their employees. There is a significant and increasing EU law element, and many cases raise important human rights issues. The law is rapidly developing in terms of both statute law and jurisprudence, and procedural timeframes are tight. There is a good deal of overlap with employment, tax, social welfare, mental health, prison law, criminal law and civil actions. Zulaykha Bhaijee knew that she was destined for the legal life from a relatively tender age, and this direction paid off when she was starting out in the profession: "Knowing what I wanted to do early on helped because I could focus my efforts: I chose my A-levels accordingly and researched which universities had good reputations for law." After a "great two years" completing her training contract at CMS Cameron McKenna LLP, Zulaykha moved to Magrath, where she specialised in immigration. The area is very niche, she explains: "Immigration can be broadly split into two areas: business/ corporate and private. It's predominantly UK immigration that I deal with: assisting non- European Economic Area nationals to enter and reside in the United Kingdom for whatever purpose - to study, to work, to settle. There's economic migration (people coming over to work) and family migration (eg, people who are moving to be with partners or spouses of British nationals). Plus there's asylum and refugee work, which is a huge area of immigration in itself. Private immigration involves assisting a variety of individuals on entering and residing in the United Kingdom. This can involve looking at the various routes of entry open to people, including students, high-net-worth individuals, entrepreneurs, investors, skilled migrants and their families. We also work closely with individuals to identify a long-term strategy for UK residency and citizenship, and deal with complex immigration issues that may involve appeals to the Asylum and Immigration Tribunal or detailed representations to the UK Border Agency." Zulaykha outlines the sort of work she handles on a daily basis: "I have just had a meeting with a client who wants to set up a company in the United Kingdom, so we considered the options available to him. This afternoon, I am meeting someone who's been in the United Kingdom for more than 15 years. He initially came over as a student, but when an extension to his student visa was refused, he remained here and is therefore what is known as an ‘over-stayer'. We're looking at ways of regularising his status in the United Kingdom." At the other end of the spectrum is her work for companies: "I act for a number of corporate institutions and FTSE companies that require assistance in bringing over new and existing hires to the United Kingdom. Over time, you build good relations with these corporate clients and I am always looking at ways to improve our service. Tomorrow, for example, I will attend a meeting to assist a big corporate client with illegal working checks on a large group of interns who are starting over the summer." Unsurprisingly, immigration is heavily influenced by politics, which would-be immigration lawyers should bear in mind. "Immigration policy and reform are no doubt dependent on the government in office at the time and the mood of the general public," Zulaykha elaborates. "The coalition government has introduced a myriad of changes over the last 12 months, including an annual quota on the number of sponsored skilled workers allowed to enter and work in the United Kingdom. The government has also made changes to the Tier 4 Student category, scrapped the Tier 1 General (Highly Skilled) route for individuals and is consulting on the rights of migrants to settle in the United Kingdom. We are certainly going to see many more changes to immigration and nationality law in the next couple of years. If you want to work in this field, you need to be able to keep up with the pace of change and evolving government policy." The nature of immigration law is such that work usually comes in the form of lots of small cases, rather than one or two large transactions (which is more common in areas such as corporate). "From day one, I had 30 files to manage," Zulaykha recalls. "They were all sorts of immigration applications; I had to very quickly prioritise urgent work and learn the rules and regulations. Now that I am five years' post-qualified and an associate at the firm, I have a lot more files and much more responsibility. I also focus on managing client accounts and assisting the more junior fee earners in the team." Granted, it is hard work, but it can be incredibly satisfying: "Immigration is huge. People have invested their lives in the United Kingdom - they've left their family and friends to make a life for themselves here. It's rewarding when you help someone who you know, without your help, would have had to leave the United Kingdom or remain here illegally - that can have disastrous consequences. It's great, because you know that what you've done for that person will be completely life changing." But you need more than a desire to help people to succeed, warns Zulaykha. As immigration is such a niche area, experience is essential: "To qualify into this area, you really should have had experience in it beforehand," she says, "whether that's from having completed a seat during your training contract or as a paralegal before you get to the training stage." Joining organisations specifically for immigration lawyers can be helpful too. The Immigration Law Practitioners' Association is one useful body (open to students) which disseminates information about what's going on in immigration law - be that related to EU policy, economic migration or refugee and asylum law. The Joint Council for the Welfare of Immigrants is another. More generally, it's important to be realistic about which firms you can get into. "You need to be aware of how competitive the profession is," Zulaykha says. "If you do not have top marks throughout your studies and a degree from a reputable university, it can be very difficult to qualify into a good City firm." She also stresses how vital it is to do thorough research and carefully target your applications: "Consider the type and size of firms and the practice areas they handle. I remember people at university who made as many as 50 applications, all of them identical - that approach just does not work. You really need to tailor your applications to individual firms; try talking to trainees and, if you can, find something about the firm that sets it apart which you can relate to your own experiences and highlight in your application." Most importantly, she adds: "Don't give up! I know I've said that it's really competitive, but you need to stay positive and focused, and eventually you'll find a training contract. It's definitely worth the effort - it's a great profession to be in." |
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