Activity 2 answers

• The MVDAC application is an application to change immigration status, from that of a partner without recourse to public funds, to that of a person who has recourse. Therefore it is an immigration application, which is a 'relevant matter.' This brings it within IAA's jurisdiction.
• However you are only being asked to read the form. The information contained in the form is the same for everyone - it does not relate to Aminata in particular. Thereore you are not providing immigration advice.
• At this stage you are not communicating with any court or government department, so you are not providing immigration services.
• Therefore you can read the form to her.
• The form was recommended to you by the solicitor - a regulated immigration adviser. It would be sensible to make a note of your conversation with the solicitor and keep copies of any correspondence you had with them.
• Before reading through the form, you should warn Aminata that you will not be able to answer any questions. If there is anything she doesn't understand, she will need to get advice elsewhere.

• Aminata currently has permission to be in the UK for 18 month (although this could be reduced if the Home Office learn that her relationship has broken down.) If Aminata applies under the MVDAC, then according to the form her permission will be cut to 3 months, during which she needs to make another immigration application. She has an appointment with a solicitor to discuss an application, but there's always a risk that no application will be made, or that the application may be refused.
• However, we are discussing the MVDAC application, which is within IAA's jurisdiction.
• In addition, we are using information that is particular to Aminata - namely the amount of leave she has left and the fact that she has an appointment.
• Therefore you should not answer this question - you would be giving immigration advice.
• We might be able to refer Aminata to an IAA-registered charity or Citizen's Advice Bureau for advice on the consequences of applying under the MVDAC.

• Many questions on the form are very basic and it might seem like you would merely be providing a translation service. However, if at any stage Aminata requires clarification, then you are in danger of crossing the boundary into giving immigration advice.
• The most problematic questions are likely to be the ones relating to children, notably:
  • 4.1 Are any of the children applying for permission alongside you under the age of 18 or who are over the age of 18 but not leading an independent life living in the UK?
  • 4.22 Tell us why your children do not live with you and who they live with:
• This requires Aminata to know Souleiman's status and it's relevance to the application, and to be able to explain exactly who Souleiman is living with and why. There is potential for some 'back and forth' with this which may result in you giving advice.
• The IAA's position is that the provision of advice and services related to this application should be done by an IAA Level 1 advisor (or above)

Note:

• What is your maiden name
• On what date did the relationship break down / you stopped living together?
• Please provide further details as to how you have supported yourself since the breakdown of your relationship

• The form needs to be sent to a government department.
• If it comes from your e-mail address then you are 'making representations' on behalf of Aminata, whether or not you were involved in completing the form.
• If Aminata has completed the form herself, or with someone else's help, and has expressed a clear intention to submit the form without being prompted by you, then:
  • You could support her to create a new e-mail account to send the form.
  • You could also advise her on ways of keeping this e-mail account secure and hidden from her husband.
• However, this is very much a last resort: you should make sure you have exhausted other avenues for getting help and advice for Aminata before doing this.