Introduction to the Commissioner's Rules

The Immigration Services Commissioner's Rules (the Rules) are made in accordance with paragraph 1(1) of Schedule 5 to the Immigration and Asylum Act 1999 (the Act), as amended.

The Rules regulate aspects of professional practice, conduct and discipline of those persons who are registered with the Commissioner under Part V of the Act and those employed by, or working under the supervision of, such persons.

As defined by the Act [Note: Section 82, the Act 2], 'immigration advice' means advice which:

• relates to a particular individual;
• is given in connection with one or more relevant matters;
• 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
• is not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings.

As defined by the Act [Note: Section 82, the Act 2], 'immigration services' means the making of representations on behalf of a particular individual:

1. in civil proceedings before a court, tribunal or adjudicator in the United Kingdom; or
2. in correspondence with a Minister of the Crown or government department; or
3. in connection with one or more relevant matters.

As defined by the Act [Note: Section 82, the Act and section 123 of the Nationality Immigration and Asylum Act 2002], 'relevant matters' means any of the following:

1. a claim for asylum;
2. an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;
3. an immigration employment document;
4. unlawful entry into the United Kingdom;
5. nationality and citizenship under the law of the United Kingdom;
6. citizenship of the European Union;
7. admission to Member States under Community law;
8. residence in a Member State in accordance with rights conferred by or under Community law;
9. removal or deportation from the United Kingdom;
10. an application for bail under the Immigration Acts or under the Special Immigration Appeals Commission Act 1997; or
11. 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 (j).