Not-for-profit status

Under the Immigration Advisers Licensing Regulations 2008, advisers are not required to pay a licence application fee or immigration adviser’s levy if they:

• Act on a not-for-profit basis
• Are employees of, or volunteers working for, organisations operating on a not-for-profit basis.

This policy outlines the circumstances in which an immigration adviser can apply for not-for-profit status with the Immigration Advisers Authority (the Authority).

Individuals seeking not-for-profit status in an individual capacity

Applicants who wish to act as an immigration adviser on a not-for-profit basis outside of an employment or contractual business relationship must meet the following criteria:

• The adviser must not be going to profit financially from the immigration advice activity.
• The adviser must not be going to charge more than nominal fees for services provided.
• The adviser may recover actual expenses, but may not charge for their time.

Individuals seeking not-for-profit status for the first time

Individual applicants should contact the Authority to request recognition of their not-for-profit status at least 2 months before they intend to apply for a licence.

Applicants must provide the following information to assist the Authority in assessing whether they will be providing services on a not-for-profit basis:

• Completed Form 501: Not-For-Profit Recognition Application (see below).
• A summary of the context in which they wish to provide immigration advice.
• Full name and contact details of an authorised person who can verify the information supplied by the applicant.

The Authority will contact the applicant to inform them whether it is satisfied that they will provide services on a not-for-profit basis. If satisfied, the applicant will be able to apply for a licence online without submitting the otherwise required fee and levy.

Once the applicant has completed the online application form up to the point where they are asked for the fee, they must save the application, call the Authority and provide the reference number of the saved application, to be permitted to submit the online application without paying the fee.

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

Individuals seeking to renew their not-for-profit status

Advisers who wish to have their not-for-profit status recognised for renewal purposes must provide the following information below 2 months prior to their licence expiry date to ensure that they can apply to renew their licence without paying the fee prior to their licence expiry date. Failure to submit your application on time may result in a delay of your renewal application.

Applicants seeking to renew their not-for-profit status in an individual capacity must provide:

• Completed Form 501: Not-For-Profit Recognition Application (see below).
• Full name and contact details of an authorised person who can verify the information supplied by the applicant.

The Authority will contact the applicant to inform them whether it is satisfied that they will provide services on a not-for-profit basis. If satisfied, the applicant will be able to apply for a licence online without submitting the otherwise required fee and levy.

Once the applicant has completed the online application form up to the point where they are asked for the fee, they must save the application, call the Authority and provide the reference number of the saved application, to be permitted to submit the online application without paying the fee.

Workers or Volunteers for 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
• Institutionally separate from government
• Self-governing
• One that has voluntary membership and participation
• One that is charitable in nature and does not have a commercial purpose or interest

Applicants who work or volunteer for a not-for-profit organisation should contact the Authority to request recognition of their not-for-profit status at least 2 months before they intend to apply for a licence.

Individuals who work for or volunteer for a not-for-profit organisation, seeking not-for-profit status for the first time

Applicants must provide the following information to assist the Authority in assessing if they work or volunteer for a not-for-profit organisation:

• Completed Form 501: Not-For-Profit Recognition Application (see below).
• Full name and contact details of an authorised officer of the organisation who can verify the information supplied by the applicant.
• 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 (when 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 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 will provide services on a not-for-profit basis. If satisfied, the applicant will be able to apply for a licence online without submitting the otherwise required fee and levy.

Once the applicant has completed the online application form up to the point where they are asked for the fee, they must save the application, call the Authority and provide the reference number of the saved application, to be permitted to submit the online application without paying the fee.

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

Workers or volunteers for a not-for-profit seeking to renew their not-for-profit status

Advisers who wish to have their not-for-profit status recognised for renewal purposes must provide the information required below 2 months prior to their licence expiry date to ensure that they can apply to renew their licence without paying the fee prior to their licence expiry date. Failure to submit your application on time may result in a delay of your renewal application.

Applicants seeking to renew their not-for-profit status as a worker or volunteer for a not-for-profit organisation must provide:

• Completed Form 501: Not for profit Recognition Application (see below).
• Full name and contact details of an authorised officer of the organisation who can verify the information supplied by the applicant.
• 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 Authority will contact the applicant to inform them whether it is satisfied that they will provide services on a not-for-profit basis. If satisfied, the applicant will be able to apply for a licence online without submitting the otherwise required fee and levy.

Once the applicant has completed the online application form up to the point where they are asked for the fee, they must save the application, call the Authority and provide the reference number of the saved application, to be permitted to submit the online application without paying the fee.

Changes to not-for-profit status

If an adviser’s circumstances change, they must contact the Authority immediately in writing as per Section 26 of the Immigration Advisers Licensing Act 2007. For individuals working or volunteering for a not-for-profit organisation, you must also notify the Authority if you change the not-for-profit organisation you were working or volunteering under. You will be required to submit a completed Form 501: Not for profit Recognition Application (see below) and treated as an applicant applying to work or volunteer for a not-for-profit organisation for the first time.

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 term of the licence the adviser currently holds.