The Immigration Services Commissioner (Registration Fee) Order 2004

Citation and commencement

1.  This Order may be cited as the Immigration Services Commissioner (Registration Fee) Order 2004 and shall come into force on 1st April 2004.

Interpretation

2.  In this Order—

“the Act” means the Immigration and Asylum Act 1999;

“level 1 adviser” means a person providing immigration advice or immigration services only in connection with —

(a)

the matters set out in paragraphs (ba)(1), (d), (e), (f) and (g) of the definition of “relevant matters” in section 82(1) of the Act;

(b)

the matter set out in paragraph (b) of the definition of “relevant matters” in section 82(1) of the Act, but only in so far as the advice or services is in connection with an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom for a purpose for which entry or remaining is permitted in accordance with immigration rules.

“immigration rules” has the same meaning as the Immigration Act 1971;

“registration” means registration under section 84(2)(a) or (b) of the Act;

“continued registration” means registration to be continued under paragraph 3(1) of Schedule 6 to the Act;

“the table” means the table in the Schedule to this Order;

“relevant advisers” is to be construed in accordance with article 3.

Meaning of “relevant advisers”

3.  Relevant advisers means, in respect of —

(a) an individual, that individual together with —

(i) the employees of that individual who provide immigration advice or immigration services, excluding such employees who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii) the persons who provide immigration advice or immigration services who work under the supervision of that individual and his employees, excluding such persons who are qualified persons under section 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(b) a body corporate or unincorporate —

(i) the members and employees of that body who provide immigration advice or immigration services, excluding such members and employees who are qualified persons under section 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii) the persons who provide immigration advice or immigration services who work under the supervision of such members and employees, excluding such persons who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies.

Fees payable for registration and continued registration

4.  On an application for registration —

(a) the fee payable by a level 1 adviser shall be £555;

(b) the fee payable by any other person providing immigration advice or immigration services shall be the fee in column 2 of the table which applies in respect of that person’s entry in column 1 of the table.

5.  On an application for continued registration —

(a) the fee payable by a level 1 adviser shall be £555;

(b) the fee payable by any other person providing immigration advice or immigration services shall be the fee in column 3 of the table which applies in respect of that person’s entry in column 1 of the table.

6.  A person’s entry in column 1 of the table shall be determined by reference to the number of relevant advisers in respect of that person at the date of the application for registration or, as the case may be, continued registration.

Revocation

7.  The Immigration Services Commissioner (Registration Fee) Order 2002(2) is hereby revoked.

Beverley Hughes

Minister of State

Home Office

16th March 2004