What are my responsibilities as a provisional licence holder?
A provisional licence holder’s responsibilities are set out at clause 13 of the Licensed Immigration Advisers Code of Conduct 2014.
Under clause 13 of the Code provisional licence holders must:
- act in accordance with the supervision agreement as approved by the Registrar
- inform the Registrar when any notice is given that the supervision agreement is to be terminated
- not give immigration advice for any period of time in which they do not have in place a supervision agreement approved by the Registrar
- provide any new supervision agreement to the Registrar for approval.
Other responsibilities specific to provisional licence holders within the Code are:
- Clause 8(a) – they must work within the scope of their individual knowledge and skills, or under direct supervision if a provisional licence holder, or refer the client to another professional
- Clause 8(c) – they must explain to the client that a provisional licence requires them to work under the direct supervision of a full licence holder, and they must seek advice from the supervisor whenever necessary
- Clause 11 – they must have a supervision agreement in place that is approved by the Registrar
- Clause 18(c) – their written agreements must contain:
- a record that their provisional licence requires them to work under the direct supervision of a full licence holder, and that they must seek advice from the supervisor whenever necessary
- the name and licence number of their supervisor
- a record that they will disclose the client’s personal information to their supervisor who is obliged to keep that information confidential (by virtue of Clause 12(d)).