Our Policy Manual

Not-for-profit policy

Purpose

To outline the circumstances in which an adviser can apply to have a not-for-profit status.

Not-for-profit provisions

Under the Immigration Advisers Licensing Regulations 2008, no licence application fee or immigration adviser’s levy is payable by advisers who either:

act on a not-for-profit basis
who are employees of or volunteers working for organisations operating on a not-for-profit basis.

Individuals who work or volunteer for a not-for-profit organisation

A not-for-profit organisation is:

an organisation in its own right
one that does not return profits to those who own or control it
one that does not charge more than a nominal fee for services provided
one that was established for and guided by charitable and non-commercial goals and is charitable and non-commercial in nature
institutionally separate from government
self-governing
one that has voluntary membership and participation .

Applicants who work or volunteer for a not-for-profit organisation may contact the Immigration Advisers Authority (the Authority) to request recognition of their not-for-profit status. Alternatively, their not-for-profit status may be assessed when they apply for a licence.

The following information assists the Authority in assessing if an applicant works or volunteer for a not-for-profit organisation:

a summary of the context in which the applicant provides immigration advice for the organisation. This includes a description of the organisation they represent and their role and responsibilities within the organisation
a statement confirming whether and to what extent the organisation the applicant works or volunteers for meets the criteria listed above
a letter signed by an official, on the letterhead of the organisation the applicant works or volunteers for, dated within the last month, confirming that the applicant intends to provide immigration advice on a not-for-profit basis (if licensed) and confirming the applicant’s role and responsibilities within the organisation
a copy of the Memorandum and Articles of Association, Constitution or other founding documents of the organisation
a copy of the certificate of incorporation for the organisation (if applicable)
a copy of the last annual report or financial accounts for the organisation.
the name and contact details of an authorised officer of the organisation they represent who can verify the information provided by the applicant
authorisation to contact the person detailed above
a statutory declaration confirming that the information provided to the Authority is true and accurate to the best of the applicant’s knowledge and belief.

The Authority will assess all the information provided by the applicant.

The Authority will contact the applicant to inform them whether it is satisfied that they provide services on a not-for-profit basis. If satisfied, the Authority will send a not-for-profit confirmation letter.

The applicant must submit the not-for-profit confirmation letter with their application for an immigration adviser licence in order for the Authority to lodge the application without the licence application fee or the immigration advisers levy. See the Licensing Process chapter for more information.

The Authority will assess the licence application in the same manner and standards as a fee-paying applicant.

Alternatively, an applicant may request recognition of their not-for-profit status at the time they submit an application. The above information should be provided to allow the Authority to assess whether the applicant is providing services on a not-for-profit basis and is entitled to a waiver of the licensing fee and levy.

Individuals seeking not-for-profit status

Not-for-profit applicants who wish to act as immigration advisers outside of an employment or contractual business relationship must meet the following criteria:

the adviser must not profit financially from the immigration advice activity
the adviser must not charge more than nominal fees for services provided
the adviser must provide immigration advice on a charitable and non-commercial basis.

Individual applicants may contact the Authority to request recognition of their not-for-profit status. Alternatively, the not-for-profit status may be assessed at the time of their licence application.

The following would assist the Authority in assessing whether individual applicants are providing services on a not-for-profit basis:

a summary of the context in which they wish to provide immigration advice
a statement confirming that the applicant will not profit financially from the immigration advice activity, will not charge more than nominal fees for services provided and will provide immigration advice on a charitable and non-commercial basis
the name and contact details of a person who can verify the information provided by the applicant.
authorisation to contact the above person
a statutory declaration confirming that the information provided to the Authority is true and accurate to the best of the applicant’s knowledge and belief.

See the Licensing Process chapter for more information.

The Authority will assess the licence application in the same manner and standards as a fee-paying applicant.

Renewal of not-for-profit status

Not-for-profit advisers who work or volunteer for the same not-for-profit organisation should provide the following evidence when renewing their licence:

a statement confirming that their role and responsibilities within the organisation have not changed, or if they have, describing in what way they have
confirmation that the organisation continues to meet the criteria in this policy
a letter signed by an official, on the letterhead of the organisation the applicant works or volunteers for, dated within the last month, confirming that the applicant provides immigration advice on a not-for-profit basis and confirming the applicant’s role and responsibilities within the organisation
the name and contact details of an authorised officer of the organisation they represent who can be contacted to verify the information provided by the applicant
authorisation to contact the person detailed above
a statutory declaration confirming that the information provided to the Authority is true and accurate to the best of the applicant’s knowledge and belief.

Not-for-profit advisers who continue to work or volunteer in an individual capacity should provide the following evidence when renewing their licence:

a statement confirming that the context in which they provide immigration advice has not changed, or if it has, describing in what way it has
a statement confirming that the applicant will not profit financially from the immigration advice activity, will not charge more than nominal fees for services provided and will provide immigration advice on a charitable and non-commercial basis
the name and contact details of a person who can verify the information provided by the applicant
authorisation to contact the above person
a statutory declaration confirming that the information provided to the Authority is true and accurate to the best of the applicant’s knowledge and belief.

Changes to not-for-profit status

If an adviser’s circumstances change, they must contact the Authority in immediately in writing as per section 26 of the Immigration Advisers Licensing Act 2007. Advisers who do not maintain their not-for-profit status must immediately pay the licence application fee that would otherwise have been payable and the immigration adviser’s levy that is in proportion to the unexpired portion of the term of the licence the adviser currently holds.

Immigration Advisers Authority