Part V Immigration Advisers and Immigration Service Providers
The general prohibition
I184 Provision of immigration services.
C11
No person may provide immigration advice or immigration services unless he is a qualified person.
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A person is a qualified person if he is—
a
a registered person,
b
authorised by a designated professional body to practise as a member of the profession whose members the body regulates,
c
the equivalent in an EEA State of—
i
a registered person, or
ii
a person within paragraph (b),
d
a person permitted, by virtue of exemption from a prohibition, to provide in an EEA State advice or services equivalent to immigration advice or services, or
e
acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to (d) (whether or not under a contract of employment).
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Subsection (2)(a) and (e) are subject to any limitation on the effect of a person’s registration imposed under paragraph 2(2) of Schedule 6.
4
Subsection (1) does not apply to a person who—
a
is certified by the Commissioner as exempt (“an exempt person”);
b
is employed by an exempt person;
c
works under the supervision of an exempt person or an employee of an exempt person; or
C2d
who falls within a category of person specified in an order made by the Secretary of State for the purposes of this subsection.
5
A certificate under subsection (4)(a) may relate only to a specified description of immigration advice or immigration services.
6
Subsection (1) does not apply to a person—
a
holding an office under the Crown, when acting in that capacity;
b
employed by, or for the purposes of, a government department, when acting in that capacity;
c
acting under the control of a government department; or
d
otherwise exercising functions on behalf of the Crown.
7
An exemption given under subsection (4) may be withdrawn by the Commissioner.