Immigration Advisers Licensing Act 2007

  • This version was reprinted on 20 May 2016 to make corrections to sections 8(3), 9(2), 10(c), 12(6), 16(a), 47(2)(a), 67(4), 79(c), 89(3), 90(3)(b), and 92(8)(b)(i) and (10)(c) under section 25(1)(i), (j)(ii) and (j)(iii) of the Legislation Act 2012.
19 Granting of licence


The Registrar must grant a licence to an applicant if satisfied that—


the applicant is not prohibited from registration under section 12(6) or 15; and


having regard to the matters specified in sections 16 and 17 the person is fit to be licensed as an immigration adviser; and


the person meets minimum standards of competence set under section 36; and


the application complies with section 18 and is properly completed; and


the applicant has paid the required amount of immigration adviser’s levy (if any).


When determining to grant a licence, the Registrar must determine whether the applicant is to be granted—


a full licence; or


a limited licence; or


a provisional licence.


The Registrar may grant a full licence if satisfied that the applicant has overall competence in all areas of immigration advice.


The Registrar may grant a limited licence that authorises the applicant to provide immigration advice only in relation to specified matters, if satisfied that the applicant has competence only in relation to those matters.


The Registrar may grant a provisional licence that requires the applicant to work under the direct supervision of a fully licensed immigration adviser for 12 months or such other lesser period as may be specified by the Registrar, if satisfied that the applicant is a new entrant to the industry or that for any other reason supervision is required or appropriate.


The Registrar must notify the applicant in writing of the decision to grant a licence subject to the payment of any levy, and, if the decision is to grant a limited licence or a provisional licence, give reasons for that decision.


A notification under subsection (6) must also specify the amount of immigration adviser’s levy payable (if any) before the licence will be granted.


An applicant has the right to appeal, under section 81, the Registrar’s decision to grant a limited or a provisional licence (including the duration of a provisional licence), rather than a full licence.