Professional ethics and advising individuals living in the UK without leave
Produced in partnership with Ed Mynott
Professional ethics and advising individuals living in the UK without leave

The following Immigration practice note Produced in partnership with Ed Mynott provides comprehensive and up to date legal information covering:

  • Professional ethics and advising individuals living in the UK without leave
  • The statutory regulation of immigration advice and services
  • Definition of those without leave to enter or remain in the UK
  • The criminal law—an issue for clients and their advisers
  • Professional ethics
  • Professional ethics when providing advice
  • Professional ethics when acting
  • Withdrawal from representation
  • Payment for legal services by a client who does not have leave

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

The statutory regulation of immigration advice and services

The provision of immigration advice is governed by the Immigration and Asylum Act 1999 (IAA 1999) which requires that, with limited exceptions, any person providing immigration advice or immigration services to individuals must be a ‘qualified person’.

This Practice Note discusses issues of professional ethics and the regulatory frameworks applicable to the following categories of qualified person advising individuals living in the UK without leave:

  1. all those who provide legal advice and representation and are regulated by the Solicitors Regulation Authority of England and Wales (SRA). This category ranges from sole practitioners to transnational companies and includes owners of firms and employees supervised by a solicitor, even where the owners or employees are not themselves qualified solicitors. This category is referred to for the remainder of this Practice Note as ‘solicitors’, and

  2. advisers regulated by

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