What is 'Immigration Advice or Services'?

The Immigration and Asylum Act 1999, as amended, defines 'immigration advice' (Section X) as advice relating to a particular individual given in connection with one or more 'relevant matters' by a person who knows that he is giving such advice. This does not include advice given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings.

'Relevant matters' are defined in the 1999 Act as including:

1. a claim for asylum;
2. an application for:
   1. or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;
   2. an immigration employment document;
3. unlawful entry into the United Kingdom;
4. nationality and citizenship under the law of the United Kingdom;
5. citizenship of the European Union;
6. admission to member states under community law;
7. residence in a member state in accordance with rights conferred by or under community law;
8. removal or deportation from the United Kingdom;
9. an application for bail under the Immigration Act or under the Special Immigration Appeals Commission Act 1997;
10. 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 (i).

The 1999 Act defines 'immigration services' as the making of representations on behalf of a particular individual either:

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,

in connection with one or more relevant matters.

Such services are regulated when provided in the course of business, whether or not done for profit. This includes occasional help offered to members of a community. Organisations that undertake these activities as an ancillary service to their main business (for example, colleges assisting students to apply for visas) still need to be regulated by the Office of the Immigration Services Commissioner (OISC).

Please note: 'second tier advice' (i.e. advice given by one advice service to another) is excluded as is signposting of clients to other advisers and the general provision of information about the immigration system, e.g. via leaflets or websites, if there is no relationship with a particular client.

If you provide second tier advice only, then you DO NOT need to apply for regulation by the OISC.