First OISC Adviser Sentenced for Illegally Providing Immigration Advice
10/06/2008
An adviser from Barking, Essex, became the first OISC regulated adviser to be convicted of providing immigration advice and services that he was not authorised to provide.
Lloyd Msipa, 38, was approved by the OISC to work as a voluntary organisation in March 2007.
Msipa, originally from Zimbabwe, was only authorised to provide Level 1 immigration advice, which includes basic applications for entry clearance. However, evidence showed he had been engaged in Level 3 work. This included, representing clients at the Asylum and Immigration Tribunal (AIT). He had also been submitting judicial reviews applications, which OISC advisers are not permitted to do.
Trading under the name 'Virtaluk & Co', Msipa was registered to work from his home address in Barking, Essex. But the OISC discovered he was carrying out his illegal operations from a different address, which he had not informed the OISC about.
When faced with the allegations, Msipa claimed that people had been coming into his office and using his company paper, and computer, to prepare and submit their own application and Judicial Reviews without his knowledge. However, documentary evidence from the AIT, and statements from his clients, revealed it was Msipa who had been carrying out the work.
During a search of his premises evidence was found which showed Msipa had charged clients hundreds of pounds for his work, despite only being authorised as a 'not-for-profit' organisation.
Msipa pleaded guilty to six counts of illegally providing immigration advice. He was sentenced at Southwark Crown Court on June 9, 2008 to 9 months imprisonment, suspended for 12 months, and was ordered to pay £1,450 in compensation to his victims.
The OISC currently regulates almost 4,000 advisers across the UK and provides a list of those allowed to give advice on its website - www.oisc.gov.uk
Notes to the Editor:
- The Office of the Immigration Services Commissioner (OISC) is an independent public body set up under the Immigration and Asylum Act 1999.
- Since 30 April 2001 it has been a criminal offence for an adviser to provide immigration advice or services unless their organisation:
- has registered with the OISC;
- has been exempted from registration by the OISC or ministerial order; or is otherwise qualified under the Immigration and Asylum Act 1999
- The OISC is responsible for ensuring that all immigration advisers fulfil the requirements of good practice. The OISC is committed to the elimination of unscrupulous advisers and the fair and thorough investigation of complaints. Whilst it does not regulate solicitors it does take complaints against solicitors.
- For more information contact Addeel Khan, Communications Officer at the OISC, on 020 7211 1630.
