Professional ethics and advising individuals living in the UK without leave

Copyright © 2025 LexisNexis
Produced in partnership with Ed Mynott
Practice notes

Professional ethics and advising individuals living in the UK without leave

Copyright © 2025 LexisNexis

Produced in partnership with Ed Mynott

Practice notes
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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’. IAA 1999, s 84(2)(c) originally defined qualified persons to include those who were authorised to practice in the UK by an equivalent designated professional body based in another EEA state; but from 31 December 2020 section 84(2)(c) was omitted by virtue of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019, SI 2019/745. A Ministerial exemption from the need to register with the Immigration Advice Authority (IAA) still applies to licensed sponsors if they provide immigration advice or services free of charge to employees, prospective employees and students. Similar Ministerial exemptions apply to specified educational institutions and health sector bodies. See Practice Note: Giving immigration advice in the UK.

This Practice Note discusses issues of professional ethics and the regulatory frameworks applicable to the following categories of

Ed Mynott
Ed Mynott

After a career in academic research on asylum-related topics, Ed switched to legal practice in 2003, joining the Greater Manchester Immigration Aid Unit. From 2006 to 2011 he worked at the Immigration Advisory Service in the north west of England, with responsibility for Upper Tribunal (IAC) matters and the delivery of training.

Since 2010 he has been a member of the Law Society's Immigration Law Advanced Accreditation Scheme. After the demise of IAS, there followed a period in private practice at immigration specialists Latitude Law.

He is now practising as a freelance advocate in the First tier and Upper Tribunals.

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Key definition:
Advising definition
What does Advising mean?

This is the regulated activity of giving advice to a person in his capacity as a potential investor, or agent, as to the merits of buying or selling a particular investment (article 53 of the Regulated Activities Order).

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