An immigration lawyer is a lawyer specializing in the handling of cases involving the legal situation of a foreigner and mastering the Foreigners’ Law Code (CESEDA).
What training should I follow to become a lawyer in immigration law?at en droit des étrangers ?
To become a lawyer in immigration law, it is essential to follow a 4 or 5 year university course and obtain a master 1 or master 2 in law. The student must then join a law school (EDA) or a Regional Professional Training Center for Lawyers (CRFPA) in order to practice as a lawyer.
To gain access, they must pass an entrance exam including eligibility and admission tests in oral or written form. The training lasts 18 months and is awarded a Certificate of Aptitude for the Legal Profession or CAPA.
Thanks to this diploma, the person concerned can take the bar exam, take the oath and choose a specialization as a real estate lawyer, criminal lawyer, in civil service law, in urban planning, in civil service law or in family law.
To practice as a lawyer specializing in immigration law, the apprentice lawyer must complete a paid internship lasting 2 years in a firm specializing in this field. He can then become a lawyer in Paris or a lawyer at Court.
What are the missions of a lawyer specializing in immigration law?
As his name indicates, the lawyer specializing in foreigners’ law masters the legal rules relating to the entry, stay and exit of one or more people who do not have French nationality from French territory.
The lawyer competent in immigration law is responsible for ensuring the defense of his client and represents him before all the jurisdictional authorities attached to the case such as an administrative judge, a high court or a National Court of Asylum.
In addition to defense, the immigration law lawyer also advises his clients on the administrative procedures to follow to obtain a residence permit or so that their naturalization application is accepted by the administration.
The immigration law lawyer can also support his client in the event of contesting an administrative decision.
What are the skills of a lawyer in immigration law?
The lawyer specializing in immigration law must have a perfect mastery of public law and administrative law. Indeed, as stated previously, this legal professional handles cases falling within the jurisdiction of administrative courts, administrative courts of appeal, the Council of State or the National Court of Asylum.
The notions of administrative act as well as the terms justifying an excess of power over administrative decisions are areas which are familiar to the lawyer specializing in immigration law. It also has all the relevant arguments in law to support the situations listed below.
The immigration law lawyer must constantly keep abreast of modifications and new developments made to the CESEDA.
In which cases should you call on a lawyer specializing in immigration law?
Recourse to a lawyer specializing in foreigners’ rights is a right accessible to all foreigners setting foot on French soil. The services of this professional are particularly recommended in the context of a complex situation. Indeed, a foreigner who wishes to create their business in France may be required to consult the services of a lawyer in immigration law to assist them in their administrative procedures.
The advisory missions of a lawyer in immigration law
The lawyer specializing in immigration law advises and can support his client in the procedures related to the regularization of his situation. This may concern:
- Obtaining the card Talent passport and the preparation of all documents related to the application;
- The creation of a company when necessary for the Professional Visa as well as the development of a Business Plan in order to demonstrate that the income from the business will be sufficient;
- Obtaining a residence permit like the card Medical profession talent, the resident card, the temporary residence card, the retired residence card or the DCEM (Traffic document for minor foreigners);
- The regularization of a personal, medical or work situation;
- Family reunification;
- The application of the various accessible rights such as social benefits, fundamental rights or public freedoms;
- Status modification..Obtaining French nationality such as naturalization, marriage, reintegration, regularization of the situation of children or various certificates;
The defense missions of a lawyer in immigration law
The skills of a lawyer specializing in immigration law are particularly in demand in the context of litigation or litigation. His mission is to defend his client and ensure the protection of his interests before the administrative courts. Among the cases involving the use of a lawyer in immigration law, we find:
- Strategic analysis of the client’s situation to choose the best type of professional Visa adapted to the specificities of the file;
- The formation of a company offering the best possibilities for tax optimization
- Preparing a business plan and forecast financial accounts;
- The choice of the professional Visa which will allow support for the family;
- Contesting the refusal of Visa;
- Contesting the refusal of a residence permit;
- Contesting the refusal to renew a residence permit;
- The contestation of expulsion from the national territory;
- Defense against the obligation to leave French territory (OQTF);
- Inadmissibility; Administrative detention;
In certain situations, the lawyer specializing in foreigners’ law must have certain knowledge that the lawyer in private international law has in order to define the applicable law (French law or the law of the foreign country) and avoid conflicts of law.
What are the average fees of a lawyer specializing in foreigners law?
Several factors influence the cost of an immigration lawyer’s fees.
How to set the fees of a lawyer in immigration law?
The principle of a lawyer’s fees in immigration law or others is governed by article 10 of the law of December 31, 1971. Thus, the remuneration to be paid to this lawyer is freely fixed with his client.
Furthermore, the calculation of the fees of a lawyer in immigration law varies depending on different criteria and the objectives to be achieved. In addition to the basic calculation, the lawyer can also consider increasing additional fees depending on the result.
What are the factors influencing the fees of a lawyer in immigration law?
The fees of an immigration lawyer are generally set at an hourly rate. The cost varies depending on the size of the firm, its notoriety, the experience and specialization of the lawyer.
Furthermore, a lawyer’s fees may vary depending on:
- The time required to study and prepare the file;
- The nature and difficulty of the matter;
- The time spent for the intervention;
- The importance of research and synthesis of information;
- The financial situation of the client;
- The complexity of the dispute;
- The result obtained.
During the first meeting, the immigration lawyer can provide a quote for his service accompanied by a range of fees to the client so that he can settle.
What are the different fee formulas for a lawyer in immigration law?
The fees of a lawyer specializing in immigration law can be paid in three formulas.
- Flat-rate fees: this formula consists of defining a global remuneration applicable to all the interventions necessary for the file;
- Fees based on time spent: this formula consists of paying the lawyer by the hour;
- Subscription: this formula allows the client to pay the lawyer annually, set his remuneration at a flat rate and benefit from his advice throughout the fixed period;
According to the rules of ethics of the legal profession, these formulas can be supplemented by performance fees.
How to choose a lawyer specializing in immigration law?
In general, the choice of a lawyer specializing in immigration law is made urgently. However, it is necessary to consider several criteria to find the suitable legal professional.
The choice of a lawyer specializing in immigration law essentially depends on the nature of the case entrusted to him. Indeed, some professionals are experts in legal advice while others are specialized in defense in the event of litigation.
The immigration lawyer must maintain permanent contact with his client and must inform him of the progress of the case. Reputation is also an important criterion in choosing a lawyer. In addition to word of mouth, this professional must have good visibility on the Internet.