Part V

Immigration Advisers and Immigration Service Providers

The general prohibition

Limitations on acting under supervision: sanctions under this Part
84A
1
A person (“
P
”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) (persons acting under supervision) if—
a
P is disqualified under paragraph 4 of Schedule 6 (conviction of certain immigration offences) for registration under paragraph 2 of that Schedule or continued registration under paragraph 3 of that Schedule,
b
P’s registration is suspended under paragraph 4AA of Schedule 6 (suspension on grounds of risk of serious harm), or
c
P’s registration is suspended under paragraph 4B of Schedule 6 (suspension of persons charged with particular offences).
2
A person (“
P
”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) during the relevant period if—
a
P’s registration has been cancelled under paragraph 4A(e) of Schedule 6 (cancellation for lack of competence etc), and
b
the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P.
3
In subsection (2) “
the relevant period
” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.
4
Subsection (2) does not apply if—
a
the Commissioner decides to register P or to continue P’s registration, or
b
the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).
5
A person (“
P
”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—
a
P’s registration has been cancelled under paragraph 4A(e) of Schedule 6, and
b
the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P.
6
Subsection (5) does not apply if—
a
P’s conviction of the offence mentioned in section 87(3AC) is quashed or set aside,
b
the Commissioner decides to register P or to continue P’s registration, or
c
the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).
7
A person (“
P
”) other than a person to whom subsection (1), (2) or (5) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—
a
subsection (8) applied to P when P entered into the arrangement for supervision, and
b
P did not inform the person by whom P was to be supervised of that fact before entering into that arrangement.
8
This subsection applies to P if—
a
P is or has previously been subject to a direction by the First-tier Tribunal under section 89(2A)(a) (directions in connection with registration),
b
P is or has previously been subject to a direction by the First-tier Tribunal under section 89(8)(a) (restrictions on provision of immigration advice or immigration services),
c
P has previously been subject to a direction by the First-tier Tribunal under section 89(8)(b) (suspension from provision of immigration advice or immigration services),
d
P is or has previously been subject to an order made by a disciplinary body under section 90(1)(a) (restrictions on provision of immigration advice or immigration services),
e
P has previously been subject to an order made by a disciplinary body under section 90(1)(b) (suspension from provision of immigration advice or immigration services),
f
P has at any time been given a penalty notice under section 92C (power to impose monetary penalties),
g
P’s registration has at any time been cancelled under paragraph 6(3)(a) of Schedule 5 (failure to assist with investigation),
h
P’s registration has at any time been cancelled under paragraph 10A(7) or (8) of Schedule 5 (failure to allow access to premises etc),
i
P’s registration has at any time been cancelled under paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc),
j
P’s registration has previously been suspended under paragraph 4AA of Schedule 6, or
k
P’s registration has previously been suspended under paragraph 4B of Schedule 6.
9
Subsection (7) does not apply if, before the time mentioned in subsection (7)(a), the direction, order, penalty, cancellation or suspension referred to in subsection (8)—
a
had been reversed, cancelled or quashed,
b
had been overturned on appeal (and had not subsequently been reinstated as a result of a further appeal), or
c
in the case of suspension under paragraph 4B of Schedule 6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph.
Ss. 84A, 84B inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), s. 65(3)(f), Sch. 1 para. 8