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United Kingdom Immigration Legal Questions answered by Lawyers

Browse our 3 legal questions about Immigration in United Kingdom and the lawyer answers, or ask your own questions for free.

My husband is a British passport holder and he has withhold my passport and I can't return to UK. Which visa category should I apply for?
Immigration
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British passport holder marriage with a pakistan national
Family
Immigration
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I was born in Kenya but i only have an Italian passport now. How do I get a Kenyan ID or Passport
Immigration
Citizenship
If any of your parents has or had Kenyan Citizenship it is possible to acquire Kenyan citizenship of your own. Our current constitution recognizes dual citizenship under Article 16. Kindly reach out to us for further advice on the options available to you.

About Immigration Law in Aberdeen, United Kingdom

Immigration in Aberdeen operates under United Kingdom law, which is set by Parliament and administered by the Home Office and UK Visas and Immigration. The rules are contained in the Immigration Rules, related Acts, and extensive policy guidance. While the law itself is UK-wide, how it is experienced can feel local because services such as schools, the NHS, and local authority support are delivered in Scotland by regional bodies in and around Aberdeen.

Aberdeen hosts a diverse community connected to energy, maritime, healthcare, higher education, hospitality, and technology. Common immigration categories in the city include Skilled Worker and Health and Care Worker, Global Business Mobility routes for company transfers, international students attending the University of Aberdeen and Robert Gordon University, family routes, visitors, and protection routes such as asylum. EU, EEA, and Swiss citizens and their family members may be affected by the EU Settlement Scheme, including options for late applications where there are reasonable grounds.

Decisions are made by the Home Office. Applications are usually completed online with biometrics captured at a UKVCAS service point in Scotland and digital document uploads. Appeals against certain decisions are heard by the First-tier Tribunal Immigration and Asylum Chamber, which has its Scottish hearing centre in Glasgow. Removal or detention powers are UK-wide but enforcement activity in Scotland is coordinated with Police Scotland and other agencies.

Why You May Need a Lawyer

You may need a lawyer if your immigration position is complex or high stakes. Common situations include a refused visa or settlement application, a need to lodge an appeal within a strict deadline, an administrative review, or a judicial review of an unlawful decision. People often seek help when switching routes inside the UK, extending a visa close to expiry, regularising an overstay, addressing gaps in lawful residence, or when they have previous criminal or immigration history that could trigger suitability refusals.

Employers in Aberdeen may require advice to obtain or maintain a sponsor licence, meet sponsor compliance duties, respond to a Home Office audit, or understand right to work checks and civil penalty risks. Individuals may need support with asylum claims, fresh claims, age assessment disputes for unaccompanied children, trafficking referrals and the National Referral Mechanism, domestic abuse issues including the destitution domestic violence concession, fee waiver requests, lifting the no recourse to public funds condition, or applications based on long residence, private life, or family life including partner and parent routes.

Specialist input can also be crucial for complex nationality matters such as registration for children, naturalisation where there are good character concerns, evidence of residence, or dual nationality issues, and for students facing sponsor withdrawal, attendance concerns, or changes of course or institution.

Local Laws Overview

Immigration is a reserved matter for the UK Government. However, several Scotland-specific features are highly relevant in Aberdeen. Legal aid for immigration and asylum in Scotland is administered by the Scottish Legal Aid Board. It is generally available for asylum, detention, trafficking and certain human rights cases, with limited availability in other immigration categories subject to financial and merits tests.

Right to rent checks do not apply in Scotland. Unlike in England, private landlords in Aberdeen are not required to check a tenant’s immigration status for the purposes of a tenancy. Landlord registration, tenancy deposits, and eviction rules are governed by Scottish housing law. Homelessness and housing assistance are delivered by Aberdeen City Council under Scottish legislation, but support can be restricted for people with no recourse to public funds based on immigration status.

Right to work checks are UK-wide and apply to all employers in Aberdeen. Employers must carry out compliant checks to avoid civil penalties and ensure sponsor compliance where applicable. Many Aberdeen employers in health care, engineering, maritime, and energy hold or may need a sponsor licence to hire non-UK workers.

Healthcare in Scotland is delivered by NHS Scotland. GP registration and primary care access are available regardless of immigration status. Secondary care may be subject to charging rules and exemptions that can be complex. Asylum seekers and those supported by the Home Office have specific entitlements, urgent treatment is provided based on clinical need, and there are exemptions for certain categories. Seek advice if you are unsure about charges or eligibility.

School-age children in Aberdeen are entitled to education regardless of immigration status. University students must comply with student visa work limits and reporting duties. Local safeguarding and child protection frameworks are Scottish, but immigration decisions remain UK-wide.

Most immigration appeals for people living in Aberdeen are listed at the First-tier Tribunal Immigration and Asylum Chamber in Glasgow. Detention can occur at an immigration removal centre elsewhere in Scotland or the UK, and reporting to the Home Office usually takes place at a regional reporting location. Time limits are strict. In-country immigration and asylum appeals generally have a 14-day deadline, and out-of-country appeals generally have a 28-day deadline. Administrative review deadlines are usually 14 days if you are in the UK and 28 days if you are overseas. Judicial review claims in Scotland are subject to a three-month time limit.

Biometrics and document submission for most applications are handled through UKVCAS service points in Scotland. Applicants in Aberdeen typically use the nearest available appointment location, with payment options for enhanced services if required.

Frequently Asked Questions

Do I need a lawyer to apply for a UK visa or settlement from Aberdeen

No, but many applicants benefit from legal help where the rules are complex or the stakes are high. A lawyer can confirm eligibility, identify the correct route, spot risks, prepare evidence, draft legal representations, and protect your position on strict deadlines. This is especially useful for family life applications, asylum, long residence, suitability issues, and sponsor licence matters.

What immigration routes are most common in Aberdeen

Skilled Worker and Health and Care Worker visas for roles in health, engineering, and energy services are common, as are international student visas for local universities. Family routes, Graduate visas, Global Business Mobility routes, visitors, and protection claims also feature. Naturalisation and registration as British are frequent for long-term residents.

Where will my immigration appeal be heard if I live in Aberdeen

The First-tier Tribunal Immigration and Asylum Chamber for Scotland is based in Glasgow. If you appeal, your hearing will typically be listed there. Remote or hybrid hearings may be available in some circumstances.

Are landlords in Aberdeen required to check my immigration status

No. Right to rent checks do not apply in Scotland. However, landlords must comply with Scottish housing law, and you should still keep immigration documents safe for other purposes such as right to work checks or applications.

I am an international student in Aberdeen. How many hours can I work

Work conditions depend on your visa and course level. Many students at degree level can work up to 20 hours per week in term time and full time in vacations, while some courses have lower limits or no work permission. Always check the conditions printed on your BRP or digital status and your university’s guidance. Breaching conditions can have serious consequences.

My visa application was refused. What can I do

Your options depend on the route and the decision. You may be able to appeal, request an administrative review, or pursue judicial review. Deadlines are short. Get advice quickly so you can understand the best remedy and preserve your rights.

Can my Aberdeen employer sponsor me for a Skilled Worker visa

Yes, if the employer holds a sponsor licence, the job meets skill and salary rules, and you meet English language and other requirements. Employers without a licence can apply for one, but they must meet compliance duties and may face a Home Office audit. Processing can take several weeks, so planning is important.

What happens if I overstay my visa while in Aberdeen

Overstaying can affect your future applications and may lead to enforcement action. There are limited exceptions such as submitting a valid application within 14 days of an expiry where there were good reasons beyond your control. Seek advice immediately to understand if you can regularise your status and to limit risks.

How long do Home Office decisions take

Times vary by route, evidence, biometrics, security checks, and whether you paid for a priority service. Some applications are decided in a few weeks while others can take several months. Check current service standards and keep proof of submission. A lawyer can advise if delays are unreasonable and what follow up is possible.

What support exists for asylum seekers and vulnerable migrants in Aberdeen

Asylum support and accommodation are arranged through Home Office contractors, with advice services available in Scotland to help with applications, reporting, healthcare access, and integration. Local charities, legal aid providers, and community groups in and around Aberdeen can help with practical and legal issues. Ask a specialist to direct you to the right service.

Additional Resources

UK Visas and Immigration contact centres and Home Office guidance provide official information on visa and settlement requirements, sponsor licensing, and application processes.

The First-tier Tribunal Immigration and Asylum Chamber provides information on appeals, hearing venues in Scotland, and procedure rules.

Scottish Legal Aid Board offers guidance on eligibility for legal aid in immigration, asylum, trafficking, and human rights matters in Scotland.

Law Society of Scotland Find a Solicitor can help you locate accredited immigration practitioners and firms serving Aberdeen and the North East.

Citizens Advice in Aberdeen can provide general guidance on immigration related practical issues such as housing, benefits restrictions due to immigration status, and access to services.

Scottish Refugee Council provides advice and integration support to refugees and people seeking asylum across Scotland, including remote services accessible from Aberdeen.

Migrant Help offers support to people seeking asylum on applications, support, and accommodation arranged by the Home Office.

Aberdeen City Council can advise on school admissions, homelessness applications, social work, ESOL classes, and local welfare support within the limits set by immigration status.

Police Scotland can assist with safeguarding and National Referral Mechanism referrals for potential victims of trafficking and exploitation.

University of Aberdeen and Robert Gordon University immigration advice teams support enrolled students with visa conditions, extensions, and compliance.

Next Steps

Clarify your goal and route. Identify whether you seek a work, study, family, settlement, or protection outcome and confirm that your circumstances meet the route’s eligibility and suitability rules. Note any deadlines for appeals, administrative review, or visa expiry.

Organise your evidence. Gather passports, BRPs or digital status details, civil documents, employment or sponsor paperwork, bank statements, accommodation evidence, English language or TB test results where required, and proof of residence or relationship.

Check local practicalities. Book biometrics at a suitable UKVCAS service point in Scotland, confirm any English or test appointments, and plan for priority services if timing is critical.

Consider legal representation. Contact a reputable immigration solicitor or accredited adviser who practices in Scotland. Ask about experience with your route, fees or legal aid availability, likely timescales, and what you need to provide. If costs are a concern, ask about legal aid eligibility or pro bono options.

Protect your position. Keep copies of all submissions and receipts, use tracked delivery where relevant, and do not miss deadlines. If detained or served with removal papers, contact a lawyer immediately and ask about bail and urgent remedies.

Avoid misinformation. Use official guidance and qualified advisers. Beware of unregulated agents or informal advice that could harm your case. If in doubt, seek a second opinion before submitting anything to the Home Office.

Follow through. Monitor your application status, attend any reporting or interview appointments, comply with visa conditions such as right to work restrictions, and update your contact details with the Home Office when they change.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.