4 Providing advice and registering as an adviser
There are strict rules regarding the provision of immigration advice. (You explored the role of legislation and how to find it in Session 1 [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] .)
One of the main pieces of legislation is the Immigration and Asylum Act 1999: s.82 defines ‘immigration advice’ as advice relating to a particular individual given in connection with one or more ‘relevant matters’ by a person who knows that they are giving such advice.
- “immigration advice” means advice which—
- a.relates to a particular individual;
- b.is given in connection with one or more relevant matters;
- c.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
- d.is not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings;
[…]
- “relevant matters” means any of the following—
- a.a claim for asylum;
- b.an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;
ba. [F2 an application for an immigration employment document;]
- c.unlawful entry into the United Kingdom;
- d.nationality and citizenship under the law of the United Kingdom;
- e.citizenship of the European Union;
- f.admission to Member States under [F3EU] law;
- g.residence in a Member State in accordance with rights conferred by or under [F3EU] law;
- h.removal or deportation from the United Kingdom;
- i.an application for bail under the Immigration Acts or under the M3Special Immigration Appeals Commission Act 1997;
- j.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); F4…
The OISC occasionally issues statements (such as one from June 2016) to clarify whether a matter is a ‘relevant matter’ (OISC, 2016b).