Ministerial Exemptions


A new Statutory Instrument 2009 Number 506, cited as The Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 came into force on 31st March 2009.

It exempts licensed sponsors those who have been granted a sponsor license under Tiers 2 or 4 by the UKBA - from the requirement of being regulated by the OISC when providing immigration advice or immigration services free of charge to migrants they are sponsoring or intend to sponsor under the terms of their sponsorship license and to their immediate family members and dependents.

This order was made in terms of the powers conferred on the Secretary of State by sections 84(4)(d) and 166 of the Immigration and Asylum Act 1999. This means that employers and educational institutions that are licensed by UKBA to bring in migrants from outside the EEA may assist them and their family members and dependents with immigration advice and services without the need to be regulated by the OISC.

The advice that may be provided under the terms of this exemption must be:

  • provided free of charge by the licensed sponsor or an employee of the licensed sponsor and not a third party;
  • must be restricted to matters relating to a migrants (being sponsored by the licensed sponsor) application under Tier 2 or Tier 4 or to an application for entry clearance, leave to enter or leave to remain made by the persons immediate family and which is dependent on the migrants application under Tier 2 or Tier 4 of the Points-Based system. 

Everyone providing immigration advice or immigration services in the UK, including licensed sponsors must comply with the OISC's Code of Standards.

This exemption does not relate to sponsors licensed under Tier 5 or to advice provided in relation to Tier 1 applications.

This Order is in addition to the existing Orders:

which remain in force.

http://www.england-legislation.hmso.gov.uk/si/si2009/uksi_20090506_en_1

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