Citation and Commencement _I1

1. This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 and shall come into force on 31 March 2009.

Interpretation _I2

2. In this Order—

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

“immediate family” means a Tier 2 or Tier 4 migrant’s spouse, civil partner, unmarried partner, same sex partner, dependant child under 18 or parent of a Tier 4 (Child) Student;

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

“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ( 2 );

“licensed sponsor” means a person who has been granted a sponsor licence;

“Points-based system” means the Points-based system under Part 6A of the immigration rules;

“sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a Sponsor under Tiers 2, 4 or 5 of the Points-based System;

“Tier 2 migrant” means a migrant who (i) makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ Points-based system or (ii) has been granted leave under the relevant paragraphs of the immigration rules;

“Tier 4 migrant” means a migrant who (i) makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ Points-based system or (ii) has been granted leave under the relevant paragraphs of the immigration rules;

Exemption of licensed sponsors _I3

3. —(1) Subject to paragraphs (2) and (3) and for the purposes of section 84(4)(d) of the Act the following persons shall be specified, namely persons who are licensed sponsors of Tier 2 and Tier 4 migrants and who provide immigration advice or immigration services free of charge to those migrants or their immediate family.

(2) The immigration advice or services given must be restricted to matters relating to the migrant’s application under Tier 2 or Tier 4 of the Points-based system or to an application for entry clearance, leave to enter or leave to remain made by that person’s immediate family and which is dependent on the migrant’s application under Tier 2 or Tier 4 of the Points-based system.

(3) For the purposes of paragraph (1), the person providing the immigration advice or immigration services must be the licensed sponsor.