Explanatory note

This Order exempts relevant employers from the prohibition imposed under section 84(1) of the Act and the related criminal offence of providing immigration advice or immigration services in breach of section 84. The exemption applies to employers or their staff in cases where the advice or services are provided only to employees or prospective employees who are the subject of an application for, or have been granted a valid work permit for that employment, or, who do not require a work permit by virtue of their EEA status, where the advice or services are provided in connection with that employee or their immediate family only.

There was previously a temporary exemption for employers created, initially, by S.I. 2002/9 which expired on 31st December 2002, and extended by S.I. 2002/3025 which expires on 31st December 2003. This Order will continue in force indefinitely.