Citation and commencement_I1

1. This Order may be cited as the Immigration Services Commissioner (Application Fee) Order 2011 and shall come into force on 8th July 2011.

Interpretation_I2

2. In this Order—

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

“continued registration” means registration to be continued under paragraph 3(1) of Schedule 6 to the Act;

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

“level 1 adviser” means a person providing immigration advice or immigration services only in connection with—

^F2 “registration” means registration under section 84(2)(a) ...( 3 ) of the Act;

“relevant advisers” is to be construed in accordance with article 3 of this Order.

Meaning of “relevant advisers”_I3

3. “Relevant advisers” means, in respect of—

(a)an individual, that individual together with—

(i)the employees of that individual who provide immigration advice or immigration services, excluding such employees who are qualified under [^F3section 84(2)(b)^F3] to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii)the persons who provide immigration advice or immigration services who work under the supervision of that individual and his employees, excluding such persons who are qualified persons under [^F3section 84(2)(b)^F3] to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(b)a body corporate or unincorporate—

(i)the members and employees of that body who provide immigration [^F4advice^F4] or immigration services, excluding such members and employees who are qualified persons under [^F3section 84(2)(b)^F3] to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii)the persons who provide immigration advice or immigration services who work under the supervision of such members and employees, excluding such persons who are qualified under [^F3section 84(2)(b)^F3] to (e) of the Act, or who are persons to whom section 84(4) of the Act applies.

Fees payable for registration and continued registration_I4,I5,I6

4. On an application for registration—

(a)The fee payable by a level 1 adviser shall be [^F5£733^F5] ;

(b) The fee payable by any other person providing immigration advice or immigration services shall be the fee in column 2 of the Table of Fees set out in the Schedule to this Order (“the table”) which applies in respect of that person’s entry in column 1 of the table.

5. On an application for continued registration—

(a)the fee payable by a level 1 adviser shall be [^F6£733^F6] ;

(b)the fee payable by any other person providing immigration [^F7advice^F7] or immigration services shall be the fee in column 3 of the table which applies in respect of that person’s entry in column 1 of the table.

6. A person’s entry in column 1 of the table shall be determined by reference to the number of relevant advisers in respect of that person at the date of the application for registration or, as the case may be, continued registration.

[^F8Waiver of specified fee

6A. On an application for registration or, as the case may be, continued registration, the Commissioner must waive all of the fee specified in this Order where the applicant is a person who—

(a)provides immigration advice or immigration services in the course of a business that is not for profit; and

(b)does not charge a fee, directly or indirectly, for the provision of that advice or those services.^F8]

Revocation_I7

7. The Immigration Services Commissioner (Registration Fee) Order 2004(4) is hereby revoked.

Article 4

SCHEDULE Table of Fees _I8