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Legal aid for immigration: what is covered

In England and Wales, legal aid covers only the immigration matters listed in LASPO 2012 Schedule 1: mainly asylum and protection, detention, trafficking and modern slavery, domestic abuse settlement, and some judicial reviews. Most other matters need exceptional case funding. You usually also have to pass a means test.

Legal aid can pay for a legal adviser, and in some cases for someone to represent you at a tribunal. For immigration, the scope was narrowed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Whether you can get it turns on two separate questions: is your matter in scope, and do you pass the means test?

This page covers England and Wales. Scotland and Northern Ireland have their own legal aid rules, which gov.uk links to.

Immigration matters in scope (LASPO Schedule 1, Part 1)

Legal aid is available for civil legal services listed in Part 1 of Schedule 1 to LASPO. The immigration-related paragraphs, as read on legislation.gov.uk on 9 October 2026:

  • Paragraph 24: proceedings before the Special Immigration Appeals Commission.
  • Paragraph 25: immigration detention (detention under the authority of an immigration officer, under Schedule 3 to the Immigration Act 1971, under section 62 of the Nationality, Immigration and Asylum Act 2002, or under section 36 of the UK Borders Act 2007).
  • Paragraph 26: temporary admission.
  • Paragraph 27: residence and other restrictions pending deportation, or on asylum seekers.
  • Paragraph 28: applications for leave to enter or indefinite leave to remain under Appendix Victim of Domestic Abuse to the Immigration Rules.
  • Paragraph 29: certain residence card applications by former family members of EEA nationals where there was domestic abuse.
  • Paragraph 30: rights to enter and remain arising from the Refugee Convention or Article 2 or 3 of the European Convention on Human Rights, or from rules implementing the EU Qualification Directive. This is asylum and humanitarian protection.
  • Paragraph 31: Home Office asylum support accommodation.
  • Paragraph 32: applications for leave to enter or remain by people who have a conclusive or reasonable-grounds decision that they are victims of trafficking.
  • Paragraph 32A: the same for victims of slavery, servitude or forced or compulsory labour.
  • Paragraph 19: judicial review generally, with specific exclusions for some repeat immigration challenges (below).

Ordinary applications such as partner, work, study and visit visas, settlement on most routes, and citizenship are not on this list.

Limits written into those paragraphs

Several paragraphs carry their own exclusions:

  • Interviews. Paragraphs 28, 29 and 32 exclude attendance at a Home Office interview. Paragraph 30 excludes attendance at an asylum interview "except where regulations provide otherwise".
  • Repeat judicial reviews. Paragraph 19(5) excludes judicial review of an immigration issue that was already decided against you in a previous judicial review or appeal within the last year. Paragraph 19(6) excludes judicial review of removal directions given within a year of the removal decision or appeal. These exclusions do not apply to judicial review of a negative asylum decision with no right of appeal to the First-tier Tribunal, or of a certificate under section 94 or 96 of the 2002 Act (paragraph 19(7)).
  • Every paragraph is also subject to the general exclusions in Parts 2 and 3 of the Schedule.

Schedule 1 applies to England and Wales.

Exceptional case funding

If your matter is not in scope, gov.uk says you "could get legal aid for cases that would not usually be eligible if your human rights are at risk". This is exceptional case funding (ECF), and gov.uk lists immigration cases among the types it can cover.

To get it you must be financially eligible and show that refusing legal aid would infringe your rights under the European Convention on Human Rights or your retained EU rights to legal representation. Gov.uk says you may need to show how your rights would be affected, that you cannot deal with the case yourself (for example because the case or evidence is complicated, or you find reading or writing difficult), and that the outcome is extremely important.

How to apply: - Most people apply through a lawyer. - You can apply yourself by emailing contactECC@justice.gov.uk. - Immigration cases that do not go to a court or tribunal: form CIV ECF 1 and form CW1. - Immigration cases that go to a court or tribunal: form CIV ECF 1 and form CW2 (IMM).

Gov.uk says you will usually get a decision within 25 working days, or within 10 working days if the case is urgent and you say so on the form and in the email.

The means test

Gov.uk's general civil legal aid guidance says you will usually need to show that you and your partner either:

  • have a joint monthly income of £2,657 or less, before tax and other deductions, or
  • get a qualifying benefit: Universal Credit, the Guarantee Credit element of Pension Credit, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, or Income Support.

You will not usually be eligible with assets over £8,000. Assets include savings and investments and any equity in your home over £100,000. Gov.uk says you might still be eligible above these limits if your case is about domestic abuse or forced marriage, and above the asset limit if you are over State Pension age or disputing ownership of your home.

Legal aid may not cover every cost. Gov.uk says you may have to pay some costs upfront or pay some back if you win money or property. Your legal adviser explains this.

Domestic abuse cases: the evidence you will be asked for

Paragraph 28 of the Schedule covers applications under Appendix Victim of Domestic Abuse, so evidence is the practical centre of those cases. Gov.uk's legal aid guide says you might be able to get legal aid if you have evidence that you or your children have experienced domestic abuse and you cannot afford to pay legal costs. It says domestic abuse includes controlling behaviour, emotional abuse, financial control (for example, being stopped from accessing a joint bank account) and harassing, threatening or hurting you or your child. The abuse can come from a partner, ex-partner or family member.

The guide lists the places evidence can come from: the courts, the police, a multi-agency risk assessment conference (MARAC), social services, a health professional such as a doctor, nurse, midwife, psychologist or health visitor, a refuge manager, a domestic abuse support service, your bank (for example credit card accounts, loan documents and statements), your employer or education or training provider, and the provider of any benefits you have received. Gov.uk provides sample letters you can give to the police, courts, or medical and social services so that they can fill in the details. It warns you might have to pay a fee for this.

You do not have to get evidence before you talk to a legal adviser, but the adviser will need to see it before deciding whether you can get legal aid. Gov.uk also says you might still be eligible with a higher income or more than £8,000 in assets if your case is about domestic abuse. If you are worried about someone seeing that you are looking for help, gov.uk explains how to delete your browsing history and exit the site quickly.

How to apply

You cannot apply for legal aid on your own (except the ECF route above). Gov.uk says "A legal adviser will apply for legal aid for you."

  1. Check eligibility using gov.uk's "Check if you can get legal aid" service. You will be asked about your problem, income and savings. There is no charge for checking.
  2. Depending on your answers you may be put through to phone advice, or told how to find a legal adviser near you.
  3. If you cannot use the online service, call Civil Legal Advice on 0345 345 4345 (Relay UK: 18001 then 0345 345 4345). Monday to Friday 9am–8pm, Saturday 9am–12:30pm. Support in British Sign Language and other languages is available.

Legal aid immigration work is done by firms and organisations with a contract. Under IAA guidance, a non-fee-charging IAA organisation that holds a legal aid contract must register as fee-charging, because legal aid payments count as charging clients indirectly. On the solicitor side, the SRA Transparency Rules' price-publishing duty does not apply to publicly funded work (rule 1.2).

Deadlines don't wait for legal aid

Finding a legal aid adviser can take time, and Home Office and tribunal deadlines keep running. On gov.uk: 14 days from receiving the decision to appeal to the First-tier Tribunal from inside the UK, 28 days from outside; 14 days to request administrative review inside the UK, 28 days if refused outside, 7 days if detained. Tell any adviser your deadline on first contact.

If you don't qualify

Gov.uk lists the Law Centres Network, Citizens Advice and AdviceNow as possible sources of advice at no charge when legal aid is not available. IAA organisations registered as non-fee-charging cannot charge you for advice (IAA Code 2.7). Registered advisers must tell you about legal aid and free legal advice where appropriate (code 2.8).

Otherwise, paid advice is the remaining route. Solicitors must publish their immigration prices online; IAA advisers must confirm costs in a client care letter. Asylum and protection claims are legal aid work, and Migratio does not offer paid consultations for them.

For matters outside legal aid scope, the Migratio UK directory lists IAA-registered organisations and SRA-regulated firms with their registration numbers, so you can check each one on its register.

Migratio is not regulated by the IAA or SRA and does not give immigration advice. This page explains how the rules work in general. It is not advice on your own case.

Questions people ask

Can I get legal aid for an immigration case?

Only for the matters listed in LASPO 2012 Schedule 1, such as asylum and protection, immigration detention, trafficking and modern slavery cases, and settlement under Appendix Victim of Domestic Abuse, or through exceptional case funding where your human rights are at risk. You usually also need to pass the means test.

How do I find immigration solicitors near me who do legal aid?

Use gov.uk's 'Check if you can get legal aid' service or call Civil Legal Advice on 0345 345 4345. Depending on your answers you will be told how to find a legal adviser near you. A legal adviser makes the legal aid application for you.

Is legal aid available for asylum?

Yes, asylum and protection claims based on the Refugee Convention or Article 2 or 3 ECHR are in scope (LASPO Schedule 1 paragraph 30). Attendance at the Home Office asylum interview is excluded except where regulations provide otherwise. The means test still applies.

What is the income limit for legal aid?

Gov.uk says you will usually need a joint monthly income of £2,657 or less before tax, or a qualifying benefit such as Universal Credit, and assets of £8,000 or less. You might still be eligible above these limits in domestic abuse and forced marriage cases.

What is exceptional case funding for immigration?

Legal aid for a case outside normal scope where refusing it would breach your human rights. Apply with form CIV ECF 1 plus CW1 (no court or tribunal) or CW2 (IMM) (court or tribunal), usually through a lawyer. Decisions usually take 25 working days, or 10 if urgent.

Sources

Last checked 2026-10-09.

Related guides

  • Free immigration advice in the UK: who offers it — Advice at no charge comes mainly from two places: legal aid, for the immigration matters the law lists (asylum, detention, trafficking, domestic abuse and a few others) if you pass the means test; and IAA organisations registered as non-fee-charging. Paid advice at law firms typically starts with a consultation costing a few hundred pounds.
  • Domestic abuse and a partner visa: settlement in the UK — If a relationship on which your UK partner visa is based has broken down because of domestic abuse, Appendix Victim of Domestic Abuse lets some people apply for settlement without waiting for five years. The Rules set no mandatory evidence list, and the fee can be waived if you are destitute.
  • UK visa refused: appeal, administrative review or reapply? — Your refusal letter says whether you can ask for an administrative review (£80; 14 days in the UK, 28 days outside, 7 if detained) or appeal to the First-tier Tribunal (£82 or £144; 14 or 28 days). Appeals are only for refused protection or human rights claims and a few other decision types. Making a new application withdraws a pending administrative review.
  • Immigration appeal to the First-tier Tribunal — You can only appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the decision carries a right of appeal, mainly a refused protection claim, a refused human rights claim, or a revoked protection status. The fee is £82 without a hearing or £144 with one, and the notice of appeal must reach the tribunal within 14 days if you are in the UK or 28 days if you are outside it.
  • Who can represent you at an immigration appeal — At the First-tier Tribunal (Immigration and Asylum Chamber) you can be represented by anyone not prohibited by section 84 of the Immigration and Asylum Act 1999: in practice a Level 3 IAA-registered adviser, a solicitor, a barrister or another authorised lawyer. You can also represent yourself. Judicial review in the Upper Tribunal needs a representative with rights of audience in the High Court.