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Introduction to UK immigration law and becoming an immigration advisor
Introduction to UK immigration law and becoming an immigration advisor

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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
(legislation.gov.uk, 1999)

The OISC occasionally issues statements (such as one from June 2016) to clarify whether a matter is a ‘relevant matter’ (OISC, 2016b).