Immigration Services Commissioner

Last year, following the provisions in the Immigration and Asylum Act 1999, the Home Secretary appointed an Immigration Services Commissioner.

From 30 April 2001, it became a criminal offence for advisers to provide immigration advice or services, unless: their organisations are registered with the commissioner; the advisers have a certificate of exemption granted by the commissioner, or work in a voluntary organisation committed to obtaining the Community Legal Service quality mark, or; the advisers are authorised to practise by a designated professional body.

The Law Society is a designated professional body.

Therefore, solicitors in private practice and solicitors' firms are not required to register with the Immigration Services Commissioner or to seek exemption from registration.

Practising solicitors undertaking immigration work continue to be subject to the rules made and standards imposed by the Law Society.

The Society will shortly be issuing revised guidelines and best practice advice for immigration practitioners which amplify the standards of practice that it considers essential when undertaking immigration, nationality and asylum work.

These guidelines will be published in hard copy and on the Society's Web site: www.lawsociety.org.uk (in the immigration specialism section).

The guidelines will include guidance on Law Society practice rule 13 in relation to supervision and management.For clarity, the Society includes within its regulation the following:l Practising solicitors employed by a non-legal employer in accordance with professional rules or in law centres, Citizens Advice Bureaux or similar non-commercial organisations;l Recognised bodies and limited liability partnerships (recognised by the Society under section 9 of the Administration of Justice Act 1985);l European lawyers who are registered with the Law Society; and l Registered foreign lawyers recognised by the Society as eligible to practise with solicitors.While the Law Society is responsible for the regulation and discipline of practising immigration solicitors - and there is no need for those solicitors to seek registration or exemption from registration with the commissioner - those practitioners may be contacted by the Office of the Immigration Services Commissioner if the commissioner receives a complaint.

The commissioner may undertake a preliminary assessment of the complaint before referring it to the Office for the Supervision of Solicitors for investigation and the taking of action as necessary.For further general information, contact the Law Society's practice advice service on 0870 606 2522, or e-mail lib-pas@lawsociety.org.uk However, solicitors with queries relating to the issue of supervision responsibilities should contact the Society's ethics guidance team on 0870 606 2577 between 11am and 1pm or 2pm and 4pm.Concerns relating to immigration advisers and organisations which may have failed to register with the Immigration Services Commissioner should be sent to the Office of the Immigration Services Commissioner, 6th Floor Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX or tel: 020 7211 1500.