Supervising an Immigration Adviser

TABLE OF CONTENTS

• 1. Why do I need to make a declaration about supervising an immigration adviser? 
• 2. Why does ‘Immigration’ show on my practising certificate when I selected ‘No’ to supervising an immigration adviser? 
• 3. I am an employed barrister; do I need to make a declaration?
• 4. I am supervising an immigration adviser via a BSB entity. Do I need to make a declaration?
• 5. Where can I access the Immigration Association Form?
• 6. How can I check if an immigration adviser has been sanctioned?
• 7. Where can I find more information about supervising immigration advisers?

1. Why do I need to make a declaration about supervising an immigration adviser? 

Rule C85A has been introduced to ensure that vulnerable immigration consumers are protected against advisers who have been subject to serious sanctions with the Office of the Immigration Services Commissioner (OISC – the regulator of immigration advice and services), an approved legal services regulator[2], or a professional body designated Immigration & Asylum Act 1999[3].  

2. Why does ‘Immigration’ show on my practising certificate when I selected ‘No’ to supervising an immigration adviser? 

When you are issued with a practising certificate, you are granted an entitlement to undertake immigration work, even if you do not practice in this area. This is entirely separate from your declaration about whether you are currently or intending in the next 12 months to supervise an immigration adviser. 

3. I am an employed barrister; do I need to make a declaration?

If you are employed by an authorised non-BSB body and providing supervision on behalf of that organisation, you need to declare whether you are currently, or intending to supervise an immigration adviser in the next 12 months.  You are not required to complete the Immigration Advisers Associations Form.

If you are employed by an authorised non-BSB body but the supervision arrangements do not constitute part of the organisation’s work, i.e. you are supervising in a personal capacity, you will need to declare ‘Yes’.  and complete the Immigration Advisers Associations Form and submit this to [email protected].  Please also note that in these circumstances you will need to hold a dual capacity practising certificate (employed and self-employed). 

4. I am supervising an immigration adviser via a BSB entity. Do I need to make a declaration?

Rule C85A applies to BSB entities. You must complete the Immigration Supervisors Associations Form and send this to [email protected]. You will only be asked to make the declaration during your entity renewal.

5. Where can I access the Immigration Association Form?

You can access the Immigration Advisers Associations Form on the BSB website here. 

6. How can I check if an immigration adviser has been sanctioned?

Please see Annex 1 of our ‘Barristers Supervising Immigration Advisers Guidance’.

7. Where can I find more information about supervising immigration advisers?

You can find more information on our Barristers Supervising Immigration Advisers Guidance.

For FAQ’s about entities, please click on this link https://www.barstandardsboard.org.uk/regulatory-requirements/entities,-including-alternative-business-structures/faqs-and-glossary-of-terms/.