4 Providing advice and registering as an advisor
There are strict rules regarding the provision of immigration advice. Immigration advice covers a wide range of areas, for example, applications for entry clearance or leave to enter or remain in the UK, nationality, immigration employment documents, residence, immigration bail applications, immigration detention or removal, citizenship, residence and protection claims such as asylum.
One of the main pieces of legislation is the Immigration and Asylum Act 1999: Section 82 of that act 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 (You explored the role of legislation and how to find it in Session 1).
- “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 IAA occasionally issues statements (such as one from May 2025) to clarify whether a matter is a ‘relevant matter’ (OISC, 2025a).