Citation and commencement

1. This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2003 and shall come into force on 1st January 2004.

Interpretation

2. In this Order—

“the Act” means the Immigration and Asylum Act 1999;

“immigration advice” and “immigration services” have the same meanings as in section 82 of the Act;

“work permit” has the same meaning as in section 33(1) of the Immigration Act 1971( 2 );

“immediate family” means a person’s spouse, and children below eighteen years of age;

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Exemption of relevant employers

3. —(1) Subject to paragraph (2), the following category of person is hereby specified for the purposes of section 84(4)(d) of the Act (provision of immigration services), namely, a person who provides immigration advice or immigration services free of charge to an employee or prospective employee who—

(a) is the subject of an application for a work permit submitted by the prospective employer;

(b) has been granted a work permit entitling him to work with the employer; ...

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

where the immigration advice or immigration services are restricted to matters which concern that employee or prospective employee or his immediate family.

(2) For the purposes of paragraph (1), the person providing the immigration advice or immigration services must be the employer or prospective employer of the person receiving the advice or services, or an employee of that employer acting as such.