Society issues immigration guide amid fears that firms are sheltering advisers

UNQUALIFIED ADVISERS: profession and OISC work to catch out those avoiding regulation

Concerns that unqualified immigration advisers are using law firms as shelters from regulation have prompted the Law Society to issue strict new guidance on supervising non-lawyer advisers.

The first annual report from the Office of the Immigration Services Commissioner (OISC) - which regulates such advisers but not solicitors - said in July that it had come across three specific cases of advisers who, having failed to obtain OISC registration, became incorporated into solicitors' firms and yet claimed to operate independently (see [2002] Gazette, 25 July, 3).

The guidance from the Society's standards board spells out the limited circumstances where a solicitor can supervise the work of a non-qualified immigration adviser and defines the meaning of 'supervision' as it applies to immigration staff employed by a firm.

The guidance also reminds solicitors that 'cold calls' for business are strictly against the practice rules.

Maria Fernandes, chairwoman of the Law Society's immigration law committee, said: 'The guidance has been formulated because of concerns being voiced from certain areas such as the OISC.

We have looked at instances of bad practice and thought how, as a body, we can regulate against future abuses.'

Ms Fernandes said she felt the guidance made the situation so clear that 'solicitors will now know undoubtedly whether they meet the regulations or not'.

Jawaid Luqmani, treasurer of the Immigration Law Practitioners Association, said: 'The guidance states the obvious on issues such as poaching clients and the relationship between solicitors and non-qualified advisers, but it is probably necessary to clarify the situation and as a point of reference.

It is also good to see the Law Society and OISC working together to try and clean up the situation.'

The Office for the Supervision of Solicitors has a specialist team which deals with complaints against solicitors doing immigration work.

Andrew Towler