Explanatory note

This Order replaces the Immigration Services Commissioner (Registration Fee) Order 2002 (the”2002 Order”) which is revoked by article 7. This Order specifies the fees to be paid to the Immigration Services Commissioner on making an application for registration or continued registration with that Commissioner as required under Part V of the Immigration and Asylum Act 1999(“the Act”).

Articles 4(a) and 5(a) provide that the fee payable by level 1 advisers for registration or continued registration is £555. A level 1 adviser is defined by article 2.

For advisers other than level 1 advisers articles 4(b) and 5(b) replicate the fee structure set out in the 2002 Order, namely that the fee varies according to the number of members and employees, or persons working under the supervision of such members or employees, of the person applying for registration who provide immigration advice or immigration services. By virtue of article 3 such members or employees or persons working under their supervision are excluded from the total figure if they are qualified persons within the meaning of sections 84(2)(c) to (f) of the Act, or if they are persons to whom section 84(4) applies. Under column 3 of the table in the Schedule to this Order, the fee for continued registration for persons other than level 1 advisers is less than the fee for registration.

Level 1 registration has been introduced as a consequence of the coming into force on 1st April 2004 of section 123 of the Nationality, Immigration and Asylum Act 2002. The effect of section 123 is that giving advice in connection with an application for an immigration employment document will be giving immigration advice on a relevant matter for the purposes of Part V of the Act.