Unit 5: Is that all?

There are some other things that have to be true for an offence to be committed, although in practice, they usually will be!

• The person giving advice or providing services must be in the UK - The IAA has no jurisdiction over people and organisations based overseas, provided they don't come to the UK to give advice or provide services
• The advice or services must be provided 'in the course of a business carried on…
  • …whether or not for profit… (This phrase takes in charities, community groups, etc.)
  • …by the person giving advice or another person.' (This phrase takes in volunteers and staff as well as the owners of the business)

So, if a friend or family member asks for your help with an immigration matter, you are free to give it, provided you accept no payment of any kind. However any whiff of a transaction, or of advice being given in an organised, frequent or regular fashion suggests a 'business [is being] carried on,' and is therefore likely to require regulation.

Tip: If you are giving immigration advice to your clients as part of your role for a charity, then you need to be regulated.

The definition of 'Immigration Advice' is very broad

• All that it requires is for Person “A” to ask a question about their immigration problem and Person “B” to answer it based on information Person “A” provided

The definition of 'Immigration Services' is also very broad

• All that this requires is that you are speaking or writing on someone's behalf to a court or Home Office official about something that may affect their immigration problem

If you are not regulated, you need to tread carefully to avoid committing an offence! Hopefully this unit has shown you how to do this.