What can MPs do to help their constituents in immigration and asylum cases?

I’ve worked in the busy constituency office of an MP for the last decade and I carry out the immigration and asylum casework for them. I thought it would be useful to explain how the process works and what MPs can help their constituents with.

MPs don’t have to do any casework at all and the amount that they do, and the resources they put into casework, varies a lot. I’ve heard tell of a current member of the cabinet who doesn’t do any immigration casework, although most MPs will be happy to take cases up with the Home Office and we see lots of good outcomes as a result of their representations.

My MP puts a lot of resources into employing caseworkers, but some offices have a single overstretched caseworker, which is something to consider in terms of how long it takes them to get back to you. If you can, it is helpful if you can build a relationship with your local MP’s caseworkers. We have a brilliant local law firm, and they refer cases to me and me to them.

MPs’ offices are busy, so it is really helpful to send all the information upfront together with your letter of authority. Typically, I forward on representatives’ letters to the MP to the Home Office with a covering note.

There is a strict Parliamentary protocol whereby MPs can only take up matters on behalf of their own constituents, so it is important that lawyers include your client’s address in correspondence. If your client is a third party to the constituent, for example an out of country spouse of a constituent, the Home Office will require a signed and dated letter from the applicant giving permission for them to communicate with the constituent and with their MP.

What can MPs do?

MPs can communicate with the Home Office where you and your clients are struggling. There is a Cabinet Office mandate for MPs to receive a response to their correspondence, so we will always get replies, albeit not necessarily the replies we’d like. If you or your client have recently received correspondence from the Home Office in the form of a complaint or pre-action letter response for example, then the Home Office’s reply to the MP is very likely to reiterate this.

There is a team at the Home Office, within Complaints, called MP Account Management. MPs representations are separate to complaints – this important to note as clients will need to have completed the Home Office’s internal two-part complaints process if they want to be referred to the Parliamentary and Health Service Ombudsman (PHSO). MPs need to make this referral.

There is a designated Home Office phoneline and an email address for MPs where replies are provided within twenty working days, as well as an urgent email address. MPs with the highest Home Office caseloads also have access to a member of staff at the Home Office who arrange phone calls to go through cases. MPs can also contact the relevant Minister and the Home Secretary to ask that they exercise their discretion in favour of their constituent, although as I’m sure you know, this is rare.

As you might imagine, a typical case coming to the MP is one where a decision is delayed. I try to establish why it is delayed. I will sometimes be able to find this out and get told if there’s an IT issue or pending criminal matter for example, but I mostly get the same standard lines as you and your client. In a fair number of cases I find out that a decision has already been made but hasn’t reached the constituent.

If you are struggling to get people to read your urgent emails requesting a decision is expedited you could try asking your client’s MP to ask the Home Office. We frequently see success here where the request is urgent and evidence is provided. The threshold for expediting will vary according to application/claim type. Getting an asylum decision expedited will sadly only be possible in the most exceptional of circumstances.

Where there’s a casework error MPs can request reconsiderations of decisions – perhaps most relevant here may be visit visas. I’ve seen many visit visa decisions changed because of MP’s representations, so it is worth a try where there’s been a clear error like submitted evidence not having been considered. No new evidence can be introduced in this request and there’s no service standard for reconsiderations so they can take a long time. For visit visas though, I’d expect an answer within twenty working days.

I have had success with all kinds of other issues across UK Visas and Immigration’s work including immigration health surcharge reimbursements, biometric booking and enrolment issues, eVisa problems, asylum support, reporting, right to work and public funds issues. We can also take up issues with HM Passport Office, Border Force and subject access request teams. MPs can also contact the Foreign, Commonwealth and Development Office about Academic Technology Approval Scheme certificate delays, about emergency travel documents or about evacuations for example.

MPs involvement can be particularly useful where different departments and authorities intersect, prompting the Home Office, Department of Work and Pensions and Local Authorities to talk to each other about a vulnerable family for example.

On substantive matters, of course constituents need legal advice and I spend a lot of my time making this clear and trying to find them representation. This can quite a difficult conversation to have with people who think an MP has the authority to grant them status.

My MP rarely provides supporting evidence to put towards someone’s case but it may be appropriate where the case is particularly exceptional or the MP’s involvement has been significant. MPs may differ in their approach to this. MPs are frequently asked to provide letters in support of applications for visit visas for example, which carry no particular weight.

If you are having difficulty navigating a complex mess up with biometrics/fee reimbursements/IT problems/eVisas and your emails aren’t getting replied to, then it can’t hurt to give your or your client’s local MP a try.