Barristers Supervising Immigration Advisers Guidance (Oct 2019) Flashcards
When can you provide immigration advice and services?
Cannot provide immigration advice and services unless qualified person. The Bar Council is a designated qualifying regulator so a barrister is a qualified person.
They are qualified if act on behalf or under supervision of a person.
It creates a direct link between lay client and barrister.
A lay client receiving legal advice or other legal services from an immigration adviser working on behalf of, and under the supervision of, a barrister relies on that relationship to ensure that:
- the advice given is correct,
- the services provided are to a competent standard and
- the services are provided by a person that is fit to provide them.
A lay client receiving legal advice or other legal services from an immigration adviser working on behalf of, and under the supervision of, a barrister relies on that relationship… The BSB takes the view that this direct link created between the lay client and the barrister means that the barrister is :
personally responsible for any immigration work undertaken by the supervised immigration adviser.
Barristers should not act as a supervisor for the purposes of immigration advice and services unless
they are registered as a public access practitioner.
if you are entering into an arrangement with a supervised immigration adviser you must notify the BSB’s Supervision Department using the form available on the BSB’s website.
if you are entering into an arrangement with a supervised immigration adviser you must
notify the BSB’s Supervision Department using the form available on the BSB’s website.
The lay client may be entitled to complain to the Legal Ombudsman if they are dissatisfied with the service provided via the supervised immigration adviser. Barristers notify clients (HOW)
clients in writing when they are instructed of their right to make a complaint, including their right to complain to the Legal Ombudsman
