Introduction to the Code of Standards

This Commissioner's Code of Standards (the Code) is made in accordance with paragraph 3 of Schedule 5 to the Immigration and Asylum Act 1999 (the Act) as amended.

Who the Code applies to

This Code applies to any person providing immigration advice or immigration services, other than a person: [Note: Section 84, the Act]

• who is authorised by a designated professional body to practise as a member of the profession whose members are regulated by that body or who works under the supervision of such a person;
• holding an office under the Crown, when acting in that capacity;
• employed by, or for the purposes of, a government department, when acting in that capacity; or
• acting under the control of a government department or otherwise exercising functions on behalf of the Crown.

The term 'Commissioner' in the context of the Code and the Commissioner's Rules (the Rules) relates to the Immigration Services Commissioner, his/her staff and any agent acting for, or on behalf of, the Commissioner.

The Code and the Rules relate to those who provide immigration advice or immigration services in the UK in relation to a relevant matter. These terms, defined in section 82 of the Act, are outlined below:

Immigration advice and immigration services

As defined by the Act [Note: Section 82, the Act], 'immigration advice' means advice which:

1. relates to a particular individual;
2. is given in connection with one or more relevant matters;
3. is given by a person who knows that he is giving it in relation to a particular individual and in connection with one or more relevant matters; and
4. is not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings.

As defined within the Act [Note: Section 82, the Act, and section 123 of the Nationality, Immigration and Asylum Act 2002], 'immigration services' means the making of representations on behalf of a particular individual:

1. in civil proceedings before a court, tribunal or adjudicator in the United Kingdom; or
2. in correspondence with a Minister of the Crown or government department; or
3. in connection with one or more relevant matters.

Relevant matters covered by the Code

As defined within the Act [Note: Section 82, the Act], 'relevant matters' means any of the following:

1. a claim for asylum;
2. an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;
3. an immigration employment document;
4. unlawful entry into the United Kingdom;
5. nationality and citizenship under the law of the United Kingdom;
6. citizenship of the European Union;
7. admission to Member States under Community law;
8. residence in a Member State in accordance with rights conferred by or under Community law;
9. removal or deportation from the United Kingdom;
10. an application for bail under the Immigration Acts or under the Special Immigration Appeals Commission Act 1997; or
11. an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in paragraphs (a) to (j).