Unit 3: Immigration advice

The definition of immigration advice in the 1999 Act requires two main things:

• The advice must relate to a 'particular individual', and
• The advice must concern a 'relevant matter'

Information can only relate to a particular individual if it is in some way tailored to their circumstances. This means that you are free to give out 'generic information' to clients without being regulated.

Generic information is information which is relevant to a wider group of people, and not just to one person or one family. For example:

• It would be okay to brief all your asylum seeking clients on the definition of a refugee, or on what to expect in an asylum interview, provided...
• ...nothing in your briefing is given in response to something you know about them

This can make it very difficult to answer questions without giving unregulated immigration advice.

Tip: You may wish to warn your clients in advance that you will not be able to answer any questions!

If you do decide that you want to give information on immigration matters to your clients, you need to ensure that your information is up-to-date and accurate. Giving out bad information can be just as harmful as giving poor immigration advice.

Tip: If you do this a lot, then it may be prudent to notify the IAA, so that if reports of your work reach them, they know that you are not giving advice.

The 1999 Act provides us with a list of relevant matters. They include:

• Asylum claims
• Immigration applications
• Nationality law
• Unlawful entry
• Removal and deportation
• Immigration bail
• Any appeal or judicial review connected to the above

This list defines the IAA's jurisdiction. If something is not on this list then it is nothing to do with the IAA. The interpretation of this list is not as easy as it seems.

‍Until quite recently, some applications for travel documents were believed to to require regulation. While they may be applications to the Home Office, they do not fall under any of the above. But they do depend on immigration status and occassionally they could affect status or affect a future immigration application. So where do you draw the line?

In 2021, the IAA removed all references to travel documents from it's 'Guidance on Competence,' signalling it's conclusion that travel documents were entirely outside their remit. (The 'Guidance on Competence' is a document that tells caseworkers what regulated work they can do according to their level.)