Should I apply for regulation?

Anyone wishing to provide immigration advice or services who is not a qualified person, as defined under section 84(2) or 84(4) of the 1999 Act, must apply to the Commissioner for regulation.

If the organisation will charge a fee for immigration advice and services, you need to submit an application fee with the application for regulation and must pay an annual application fee. The Commissioner considers membership fees and obligatory donations to be fees.

If the organisation does not charge a fee for immigration advice and services, then you do not need to submit a fee for regulation.

The Commissioner's policy on exemption states that to qualify, you should work or volunteer for an organisation that is:

• a registered, exempted or excepted charity as defined by the Charities Act 1993; or
• run as a trust governed by a Board of Trustees; or
• a voluntary organisation operating under a scheme of management or similar;

and

• should operate on a not-for-profit basis and on the basis that the client is not asked for payment for the immigration advice or services provided except where and to the extent: -
  • an application fee is required by the Home Office, Foreign and Commonwealth Office or the Immigration Appellate Authority; or
  • a Community Legal Service statutory charge applied; or
  • a contribution to the Civil Legal Aid Certificate is required;
• in the Commissioner's view be fit and competent having regard to the provisions of Section 83(5) of the 1999 Act and the Commissioners Code of Standards under schedule 5, paragraph 3 of the Act.