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Advising EU citizens on Settled Status applications may be illegal, warns OISC

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

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NikiGio
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Advising EU citizens on Settled Status applications may be illegal, warns OISC

Post by NikiGio » Wed Dec 05, 2018 9:32 pm

Hi All

What are your thoughts on this - does it affect the advice being given on this forum? Presume most people giving their opinion are not OISC registered.

https://www.freemovement.org.uk/advisin ... -regulator
I am not an immigration lawyer. My comments are opinions, not legal advice.

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marcnath
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Re: Advising EU citizens on Settled Status applications may be illegal, warns OISC

Post by marcnath » Wed Dec 05, 2018 10:28 pm

This is something I have been aware of. I am sure some of the others are too.

I always try to mitigate this in a few ways
1. It says "it is illegal to give immigration advice to an individual" - I believe sharing information on a public forum is not delivery to an individual - it is a general statement. There are clear examples of people just reading other people's posts and gaining from it - which reinforces this.
2. Message footer emphasises that I am not giving advice.
3. I often use the language - "If it was me ... this is how I would do it" instead of "you should be doing this ..".

Lastly, even if a strict reading of the Act may cause problems, I doubt we are worth prosecuting. No one is making money or misleading people as the examples in the article do.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

NikiGio
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Posts: 313
Joined: Wed Sep 19, 2018 11:18 am
Location: London
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Re: Advising EU citizens on Settled Status applications may be illegal, warns OISC

Post by NikiGio » Thu Dec 06, 2018 12:05 pm

Thanks, sounds reasonable.
I am not an immigration lawyer. My comments are opinions, not legal advice.

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