Latest Updates:
(+44) 207 060 5333 (UK)
+7 (499) 6092322 (RUS)
Exact matches only
Search in title
Search in content
Search in comments
Search in excerpt
Filter by Custom Post Type

Trainee solicitor convicted for illegal immigration services

Trainee solicitor convicted for illegal immigration services

  • 09/09/2017
  • Answered by Red Square London’s Immigration Specialist, Oliver Westmoreland – Ответил наш Специалист по Иммиграционным Вопросам, Оливер Вестморлэнд
  • No comments


Trainee solicitor convicted for illegal immigration services

9 September 2017

The provision of immigration legal advice and services is one of those areas of law which is strictly regulated. Only a suitably-qualified person is allowed to provide such advice and services on a business basis – gavelwhether or not for profit. (There are just a few exempted categories, such as government employees.)

The law about this comes in the Immigration and Asylum Act 1999. An appropriately-qualified person could be, for example, a barrister or a registered legal adviser. It could also be solicitor or somebody who works under the supervision and control of a solicitor.

Despite the legal scheme and the penalties, there are people who illegally provide immigration advice. On occasion such people may be prosecuted and convicted. One such recent case was Mr Babar Khan, who was employed as a trainee solicitor. But he was not providing immigration services in his capacity as a supervised trainee solicitor. He was purporting to be a qualified solicitor and was independently and illegally providing services on this basis.

Mr Khan was convicted at Southwark Crown Court of providing unregulated immigration services and he was sentenced to 18 months’ imprisonment but suspended for two years (ie he will not have to go to prison if he behaves himself). He was also ordered to carry out 200 hours of unpaid community work and to pay prosecution costs of £500.

Immigration law is complicated, and an incompetent or unqualified practitioner can easily mess things up. The regulatory scheme is designed to ensure good standards amongst immigration practitioners and – similarly importantly – to ensure that practitioners have professional indemnity insurance so that, if things do unfortunately go wrong, at least the client has some sort of legal recourse. For obvious reasons, unregulated people are unlikely to hold professional indemnity insurance.

It is therefore very important, when you instruct an immigration practitioner, to make sure not only that they are sufficiently competent and knowledgeable, but also that they are appropriately regulated in the first place.

Leave a Comment